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In that regard, it should be recalled that it is settled case-law that all the provisions of the Treaty on freedom of movement for persons are intended to facilitate the pursuit by EU nationals of occupational activities of all kinds throughout the European Union, and preclude measures which might place such nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. In that context, nationals of the Member States have in particular the right, which they derive directly from the Treaty, to leave their State of origin to enter the territory of another Member State and reside there in order there to pursue an economic activity (see, in particular, judgments in Ritter-Coulais, C‑152/03, EU:C:2006:123, paragraph 33; Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 44; Casteels, C‑379/09, EU:C:2011:131, paragraph 21; and Las, C‑202/11, EU:C:2013:239, paragraph 19). | 38. In addition, contrary to the contentions of Land Niedersachsen and a number of the Governments which submitted observations to the Court, such a measure cannot be considered to be justified by the objective of ensuring the protection of workers. | 0 |
7,701 | 71. In accordance with Article 6(4) of the Habitats Directive, the examination referred to in that provision, which concerns, in particular, the absence of alternative solutions, can only be undertaken where the assessment required under Article 6(3) of that directive is negative and where the plan or project must nevertheless be carried out for imperative reasons of overriding public interest (see, to that effect, Commission v Netherlands , paragraphs 26 and 27). | 103
The first and second parts of the fourth ground of appeal must, consequently, be rejected as ineffective (see, to that effect, judgment of 12 February 2015, Commission v IPK International, C‑336/13 P, EU:C:2015:83, paragraph 66). | 0 |
7,702 | 34 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox. | 47. As the General Court pointed out in paragraph 45 of the judgment under appeal, it must nevertheless be noted that neither the Financial Regulation nor the Implementing Regulations specifies the period within which a debit note must be sent following the date of the origin of the debt in question. | 0 |
7,703 | 37. That said, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. Consequently, even if, formally, the referring court has referred only to Directives 2003/9, 2004/83 and 2005/85, that does not prevent the Court from providing the referring court with all the elements of interpretation of EU law which may be of assistance in adjudicating in the case pending before it, whether or not the referring court has referred to them in the wording of its questions. It is, in this regard, for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision to make the reference, the points of EU law which require interpretation in view of the subject-matter of the dispute (see, to that effect, judgments in Fuß , C‑243/09, EU:C:2010:609, paragraphs 39 and 40, and Hadj Ahmed , C‑45/12, EU:C:2013:390, paragraph 42). | 39. It must be recalled in this regard that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. The Court has a duty to interpret all provisions of European Union law which national courts require in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (see, to that effect, inter alia, Case C‑45/06 Campina [2007] ECR I‑2089, paragraphs 30 and 31; Joined Cases C‑329/06 and C‑343/06 Wiedemann and Funk [2008] ECR I‑4635, paragraph 45; and Case C‑66/09 Kirin Amgen [2010] ECR I‑0000, paragraph 27). | 1 |
7,704 | 66 According to the case-law of the Court, in order to establish whether a provision of Community law complies with the principle of proportionality 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 (see, in particular, Case C-127/95 Norbrook Laboratories v MAFF [1998] ECR I-1531, paragraph 89). | 229THE INTERPLAY OF SUPPLY AND DEMAND SHOULD , OWING TO ITS NATURE , ONLY BE APPLIED TO EACH STAGE WHERE IT IS REALLY MANIFEST .
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7,705 | 13. Where a national court is called upon to interpret national law, whether the provisions in question were adopted before or after the directive concerned, it is required to do so, so far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 249 EC (see, inter alia, Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8, and Case C-218/01 Henkel [2004] ECR I-0000, paragraph 60). That applies notwithstanding any contrary interpretation which may arise from the travaux préparatoires for the national rule. | 23. Consequently, within those limits, the claims representative’s sufficient powers must include the authority to accept service of judicial documents. | 0 |
7,706 | 48. As regards the case-law relied on by the United Kingdom Government according to which a taxable person acquires that status definitively only if he made the declaration of intention to begin the envisaged economic activities in good faith (see, inter alia, Case C-400/98 Breitsohl [2000] ECR I-4321, paragraph 39, and Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 46), suffice it to observe that, as the Advocate General pointed out in point 35 of his Opinion, that case-law concerns the intention to commence and thus engage in economic activities and not the intended purpose of the economic activities themselves. | 46 Article 4 of the Sixth Directive does not, however, preclude the tax authority from requiring objective evidence in support of the declared intention to commence economic activities which will give rise to taxable transactions. In that context, it is important to state that a taxable person acquires that status definitively only if he made the declaration of intention to begin the envisaged economic activities in good faith. In cases of fraud or abuse, in which, for example, the person concerned, on the pretext of intending to pursue a particular economic activity, in fact sought to acquire as his private assets goods in respect of which a deduction could be made, the tax authority may claim repayment of the sums retroactively on the ground that those deductions were made on the basis of false declarations (Rompelman, paragraph 24, and INZO, paragraphs 23 and 24). | 1 |
7,707 | 36. In certain circumstances, however, several formally distinct transactions, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent (see, to that effect, Part Service , paragraph 51, and RLRE Tellmer Property , paragraph 18). | 18. Moreover, in certain circumstances, several formally distinct services, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent. Such is the case for example, where, in the course of a purely objective analysis, it is found that there is a single supply in cases where one or more elements are to be regarded as constituting the principal service, whilst one or more elements are to be regarded, by contrast, as ancillary services which share the tax treatment of the principal service. In particular, a service must be regarded as ancillary to a principal service if it does not constitute for customers an aim in itself, but a means of better enjoying the principal service supplied ( Part Service , paragraphs 51 and 52 and case-law cited). | 1 |
7,708 | 27. Thus it is clear from both the wording and the scheme of Article 234 EC that a national court or tribunal is not empowered to bring a matter before the Court of Justice by way of a reference for a preliminary ruling unless a case is pending before it, in which it is called upon to give a decision which is capable of taking account of the preliminary ruling (see, to that effect, Joined Cases C‑422/93 to C‑424/93 Zabala Erasun and Others [1995] ECR I-1567, paragraph 28, and Djabali , paragraph 18). | 24. The fourth criterion, in contrast to the analysis by the French Government, refers not only to deterioration of the quality of the water which produces harmful effects for ecosystems but also deterioration of the colour, appearance, taste or odour of the water or any other change which prevents or limits water uses such as tourism, fishing, fish farming, clamming and shellfish farming, abstraction of drinking water or cooling of industrial installations. | 0 |
7,709 | 61. If that entity functions without significant assets, the maintenance of its identity following the transaction affecting it cannot depend on the transfer of such assets ( Hernández Vidal and Others , paragraph 31; Hidalgo and Others , paragraph 31; UGT-FSP , paragraph 28). | 8 The wording of Article 73(4) of the Staff Regulations does not indicate that the subrogation in favour of the Communities is conditional upon the payment of benefits under the Staff Regulations. On the contrary, it provides that the Communities are automatically to be subrogated to the rights of the official, within the limits not of the payments made but of the obligations devolving upon them under the provisions of the Staff Regulations referred to. It is apparent from the wording of that provision that the event giving rise to subrogation in favour of the Communities is the existence of the obligation to pay benefits under the Staff Regulations, not the payment of them. The subrogation takes place upon the occurrence of the harmful event for which a third party is liable, even though it is not possible immediately to evaluate the Community' s obligations in pecuniary terms. | 0 |
7,710 | 15 That objection must be dismissed. It is clear from the actual wording of the order for reference that the national court is seeking an interpretation by the Court of Article 18(1)(a) of the Sixth Directive. Provided that the questions submitted concern the interpretation of a provision of Community law, the Court gives its ruling without, in principle, having to look into the circumstances in which a national court was prompted to submit the questions and envisages applying the provision of Community law which it has asked the Court to interpret (see to that effect Case C-67/91 Dirección General de Defensa de la Competencia v Asociación Española de Banca Privada and Others [1992] ECR I-4785, paragraphs 25 and 26, and Case C-62/93 BP Supergas v Greek State [1995] ECR I-1883, paragraph 10). | 20. For the reasons set out in points 48 and 56 of that Opinion, that condition is not fulfilled where promotional items are handed out as a reward for the purchase of other goods and to encourage the sale of the latter. | 0 |
7,711 | 52 Here, it must be noted that, as the Court has consistently held, Articles 2 and 3 of Regulation No 729/70 permit the Commission to charge to the EAGGF only sums paid in accordance with the rules laid down in the various sectors of agricultural production, leaving the Member States to bear the burden of any other sum paid, and in particular any amounts which the national authorities wrongly believed themselves authorised to pay in the context of the common organisation of the markets (Case 11/76 Netherlands v Commission [1979] ECR 245, paragraph 8; Case 18/76 Germany v Commission [1979] ECR 343, paragraph 7; and Case C-48/91 Netherlands v Commission, cited above, paragraph 14). | 41. So far as concerns the first ground of justification relied on by the Belgian Government, it should be recalled that the Court has already acknowledged that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty (Case C-204/90 Bachmann [1992] ECR I-249, paragraph 28; Case C-319/02 Manninen [2004] ECR I-7477, paragraph 42; Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 40; and Case C-418/07 Papillon [2008] ECR I-8947, paragraph 43). | 0 |
7,712 | 13 In that respect, it must be stated that the freedom to pursue a trade or profession, which, according to the consistent case-law of the Court (see, in particular, the judgments in Case 44/79 Hauer v Land Rheinland-Pfalz [1979] ECR 3727, paragraphs 31 to 33, and in Case 265/87 Schraeder v Hauptzollamt Gronau [1989] ECR 2237, paragraph 15), forms part of the general principles of Community law, includes, as a specific expression of that freedom, the freedom to choose whom to do business with. That freedom of choice would not be guaranteed if a change of dairy by a producer, of his own volition, were capable of leading to a reduction in his individual reference quantity as a result of the allocation of a part thereof to the national reserve, when no such reduction can be made where the producer continues to supply the same dairy. Rules to that effect would be such as to discourage producers from changing purchaser in order to supply the dairy offering them the most favourable conditions. | 10 It should be pointed out that the Court considers that the decisive criterion for the classification of goods for customs purposes is in general to be sought in their characteristics and objective properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters ( see the judgments of 8 December 1977 in Case 62/77 Carlsen-Verlag GmbH v Oberfinanzdirektion Koeln (( 1977 )) ECR 2343 and of 23 March 1972 in Case 36/71 Henck v Hauptzollamt Emden (( 1972 )) ECR 187 ). | 0 |
7,713 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case. | 21 As the GSV undertakings, ISI and the Commission observe, that follows in particular from the fact that the time-limit is intended to ensure that operators in the sugar sector will have a period of four months in which to plan their activity, since the marketing year starts on 1 July. They thus need to know, before 1 March, the production quotas they can count on, in order to conclude contracts for the purchase of beet in good time. | 0 |
7,714 | 46. Dans ces conditions, la Commission pouvait valablement se limiter à établir l’obligation de restitution des aides en cause et laisser aux autorités nationales le soin de calculer le montant précis des sommes à recouvrir. Il appartenait, dès lors, à la République hellénique de démontrer que, malgré les indications chiffrées ainsi fournies, elle ne pouvait pas donner suite à la décision du 14 septembre 2005 ni récupérer les sommes visées par cette décision (voir arrêts du 3 juillet 2001, Commission/Belgique, C-378/98, Rec. p. I-5107, points 50 et 51, ainsi que Commission/Grèce, précité, point 40). Or, une telle démonstration n’a pas été fournie par cet État membre. | 29
That said, in that respect, Article 78 of that code establishes a procedure enabling customs authorities, on their own initiative or at the request of the declarant, to amend the customs declaration after release of the goods covered by that declaration, that is to say, after that declaration has been made. | 0 |
7,715 | 15 The very wording of the transitional provisions of Article 28(3)(b) of the Sixth Directive, which authorize the Member States to "continue to exempt the activities set out in Annex F under conditions existing in the Member State concerned", precludes the introduction of new exemptions or any extension of the scope of existing exemptions (Case 73/85 Kerrutt [1986] ECR 2219, paragraph 17) and the reintroduction of exemptions existing before VAT was imposed on the services in question in accordance with the Sixth Directive (Case C-35/90 Commission v Spain [1991] ECR I-5073, paragraphs 6 to 9). | 20. Since identification of one of the linking factors recognised by the case-law referred to in paragraph 18 above thus establishes the jurisdiction of the court objectively best placed to determine whether the elements establishing the liability of the person sued are present, it follows that only the court in whose jurisdiction the relevant linking factor is situated may validly be seised (judgment in Coty Germany , EU:C:2014:1318, paragraph 48 and the case-law cited). | 0 |
7,716 | 19 It should also be borne in mind that, in accordance with the case-law beginning with Cassis de Dijon (Case 120/78 Rewe-Zentral v Bundesmonopolverwaltung für Branntwein [1979] ECR 649), in the absence of harmonisation of legislation, obstacles to free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods (such as those relating to designation, form, size, weight, composition, presentation, labelling, packaging) constitute measures of equivalent effect prohibited by Article 30, even if those rules apply without distinction to all products, unless their application can be justified by a public-interest objective taking precedence over the free movement of goods (Joined Cases C-267/91 and C-268/91 Keck and Mithouard [1993] ECR I-6097, paragraph 15, and Case C-368/95 Vereinigte Familiapress Zeitungsverlags- und vertriebs v Heinrich Bauer Verlag [1997] ECR I-3689, paragraph 8). | 35. In those circumstances, the argument of the French Republic that the amounts set out in paragraph 59 of the grounds of the decision in question are only indicative and do not have any binding legal force cannot be upheld either. | 0 |
7,717 | 57. It must be stated at the outset that the procedures provided for in Articles 220 and 239 of the Customs Code pursue the same aim, namely to limit the post-clearance payment of import and export duties to cases where such payment is justified and is compatible with a fundamental principle such as that of the protection of legitimate expectations (see Case C- 250/91 Hewlett Packard France [1993] ECR I-1819, paragraph 46, and Söhl & Söhlke , paragraph 54). | 46 That determination must, however, take account of the fact that Article 13 of Regulation No 1430/79 and Article 5(2) of Regulation No 1679/79 pursue the same aim, namely to limit the post-clearance payment of import and export duties to cases where such payment is justified and is compatible with a fundamental principle such as that of the protection of legitimate expectations. Seen in that light, the question whether the error was detectable, within the meaning of Article 5(2) of Regulation No 1679/79, is linked to the existence of obvious negligence or deception within the meaning of Article 13 of Regulation No 1430/79, and therefore the conditions laid down by the latter provision must be assessed in the light of those laid down in Article 5(2) of Regulation No 1679/79. | 1 |
7,718 | 25
As the Advocate General noted at point 27 of his Opinion, it is only by way of derogation from the general principle laid down in Article 2(1) of Regulation No 44/2001, attributing jurisdiction to the courts of the Member State in which the defendant is domiciled, that Section 2 of Chapter II of that regulation makes provision for certain special jurisdictional rules, such as the rule laid down in Article 5(3) of that regulation. Insofar as the jurisdiction of the courts for the place where the harmful event occurred constitutes a rule of special jurisdiction, it must be interpreted independently and strictly, which does not permit an interpretation going beyond the cases expressly envisaged by that regulation (see, to that effect, judgments of 5 June 2014 in Coty Germany, C‑360/12, EU:C:2014:1318, paragraphs 43 to 45, and of 10 September 2015 in Holterman Ferho Exploitatie and Others, C‑47/14, EU:C:2015:574, paragraphs 72 and case-law cited). | 39 Nor has it been established that Sargenor and Dynamisan had clearly defined therapeutic or prophylactic characteristics with an effect concentrated on precise functions of the human organism or that they are capable of being applied in the prevention or treatment of specific diseases or ailments. | 0 |
7,719 | 50. It follows from settled case-law that the measures prohibited by Article 63(1) TFEU, as restrictions on the movement of capital, include those which are such as to discourage non-residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (Case C‑370/05 Festersen [2007] ECR I‑1129, paragraph 24, and Case C‑101/05 A [2007] ECR I‑11531, paragraph 40). | 59. To the extent that the appellant also submits, and OHIM does not dispute, that in order to use the same technical solution, its competitors do not need to place on the market toy bricks whose shape and dimensions are in all respects identical to those of the Lego brick, it is sufficient to observe that that fact cannot prevent application of the rules laid down by the European Union’s legislature, interpreted above, under which a sign consisting of the shape of a product that, without the inclusion of significant non‑functional elements, merely performs a technical function cannot be registered as a trade mark. Such a registration would unduly impair the opportunity for competitors to place on the market goods whose shapes incorporate the same technical solution. | 0 |
7,720 | 28 Although it is therefore for the Commission to prove an infringement of the Community rules, the Member State concerned must demonstrate that the Commission committed an error as to the financial consequences to be attributed to it (see, to this effect, Case 49/83 Luxembourg v Commission [1984] ECR 2931, paragraph 30). | 30 IT IS TRUE THAT , IN ORDER TO OBTAIN EAGGF FINANCING FOR THE STORAGE AID IN QUESTION , THE LUXEMBOURG GOVERNMENT HAD TO DEMONSTRATE , NOT ONLY THAT THE WINE STORED WAS ACTUALLY TABLE WINE AT THE TIME WHEN THE STORAGE CONTRACTS WERE CONCLUDED , BUT ALSO THAT IT WAS NEVER RECOGNIZED AS QUALITY WINE PSR . HOWEVER , IN VIEW OF THE PARTICULAR CIRCUMSTANCES , THE QUESTION MUST BE ASKED WHETHER THE LUXEMBOURG GOVERNMENT HAS NOT SATISFIED THAT EVIDENTIAL REQUIREMENT .
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7,721 | 22. It is also clear from the case-law of the Court that the tax treatment of inheritances falls, in principle, under Article 63 TFEU on the free movement of capital. Inheritances consisting in the transfer to one or more persons of assets left by a deceased person, falling under heading XI of Annex I to Directive 88/361, which is entitled ‘Personal capital movements’, are movements of capital for the purposes of Article 63 TFEU (see, inter alia, Case C-11/07 Eckelkamp and Others [2008] ECR I-6845, paragraph 39; Case C-43/07 Arens-Sikken [2008] ECR I-6887, paragraph 30; Case C-35/08 Busley and Cibrian Fernandez [2009] ECR I-9807, paragraph 18; and Case C-25/10 Missionswerk Werner Heukelbach [2011] ECR I-497, paragraph 16). | 73. Such a procedure must be accessible in the sense that it must be expressly mentioned in a measure of general application which is binding on the authorities concerned. It must be capable of being completed within a reasonable time. An application to have a substance included on a list of authorised substances may be refused by the competent authorities only on the basis of a full assessment of the risk posed to public health by the substance, established on the basis of the most reliable scientific data available and the most recent results of international research. If the procedure results in a refusal, the refusal must be open to challenge before the courts (see, by analogy, Case C‑24/00 Commission v France [2004] ECR I‑1277, paragraphs 26, 27 and 36, and Case C‑95/01 Greenham and Abel [2004] ECR I‑1333, paragraphs 35, 36 and 50). | 0 |
7,722 | 183. Admittedly, it would have been preferable for the Commission to have included in the contested decision reasons which went beyond those requirements, inter alia by setting out the figures on the basis of which it took account of the varying degree of seriousness of the infringement when determining the starting amount of the fine. However, the availability of that possibility is not such as to alter the scope of the requirements attaching to the duty to state reasons in so far as concerns the contested decision (see, to that effect, Weig v Commission EU:C:2000:627, paragraph 47; Sarrió v Commission EU:C:2000:631, paragraph 77; and Case C‑199/99 P Corus UK v Commission EU:C:2003:531, paragraph 149). | 30. The Fourth Directive bases that coordination of the content of annual accounts on the principle that a true and fair view must be given, compliance with which is its primary objective ( Tomberger , paragraph 17; DE + ES Bauunternehmung , paragraph 26; and BIAO , paragraph 72). According to that principle, contained in Article 2(3) to (5) of that directive, annual accounts must give a true and fair view of the assets, financial position and the profit and loss of the company. | 0 |
7,723 | 13 According to established case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see, in particular, Case C-289/94 Commission v Italy [1996] ECR I-4405, paragraph 20). | 48. That interpretation is, moreover, confirmed by recital 15 in the preamble to Directive 97/67, from which it is apparent that the option to negotiate contracts with customers individually does not correspond, in principle, with the concept of universal service provision. | 0 |
7,724 | 39
Thirdly, as regards the need to ensure the effective collection of tax, it must be recalled that, although the Court has held that such an objective constitutes an overriding reason of public interest, capable of justifying a restriction on the freedom to provide services (see, inter alia, judgments of 3 October 2006 in FKP Scorpio Konzertproduktionen, C‑290/04, EU:C:2006:630, paragraphs 35 and 36, and 18 October 2012 in X, C‑498/10, EU:C:2012:635, paragraph 39), that restriction must still be applied in such a way as to ensure achievement of the aim pursued and not go beyond what is necessary for that purpose (judgment of 18 October 2012 in X, C‑498/10, EU:C:2012:635, paragraph 36). | 32. It follows from the above that the taking of annual leave in a period after the reference period has no connection to the hours worked by the worker during that later period. Consequently, a change, and in particular a reduction, of working hours when moving from full-time to part-time employment cannot reduce the right to annual leave that the worker has accumulated during the period of full‑time employment. | 0 |
7,725 | 32 With regard, secondly, to the term "social security" used in Article 39(1) of the Agreement, it is clear by analogy with the judgments in Kziber, paragraph 25, and Yousfi, paragraph 24, that it must be deemed to bear the same meaning as the identical term used in Regulation No 1408/71. | 70
It follows in particular from that provision that the extent of the information relating to the price is established on the basis of the nature and characteristics of the product, but also on the basis of the medium of communication used for the invitation to purchase and having regard to additional information possibly provided by the trader (judgment of 12 May 2011 in Ving Sverige, C‑122/10, EU:C:2011:299, paragraph 68). | 0 |
7,726 | 20. Since identification of one of the linking factors recognised by the case-law referred to in paragraph 18 above thus establishes the jurisdiction of the court objectively best placed to determine whether the elements establishing the liability of the person sued are present, it follows that only the court in whose jurisdiction the relevant linking factor is situated may validly be seised (judgment in Coty Germany , EU:C:2014:1318, paragraph 48 and the case-law cited). | 48. Since the identification of one of the linking factors recognised by the case‑law set out in paragraph 46 above enables the court objectively best placed to determine whether the elements establishing the liability of the person sued are present to take jurisdiction, it follows that only the court in the jurisdiction of which the relevant linking factor is situated may validly be seised (see, to that effect, Case C‑133/11 Folien Fischer and Fofitec EU:C:2012:664, paragraph 52, and Melzer EU:C:2013:305, paragraph 28). | 1 |
7,727 | 63. Concerning the expression ‘as a result of a legal transfer or merger’ , which also appears in Article 1(1) of Directive 77/187, it should be noted that the Court of Justice has, on account of the differences between the language versions of that directive and the divergences between the laws of the Member States with regard to the concepts to which the latter refer, given that expression a sufficiently flexible interpretation in keeping with the objective of the directive, which is to safeguard employees in the event of a transfer of their undertaking (Case C‑29/91 Redmond Stichting [1992] ECR I‑3189, paragraphs 10 and 11; Joined Cases C‑171/94 and C‑172/94 Merckx and Neuhuys [1996] ECR I‑1253, paragraph 28; Jouini and Others , paragraph 24). It has thus ruled that the fact that the transfer results from unilateral decisions of public authorities rather than from an agreement does not render the directive inapplicable (see, in particular Redmond Stichting , paragraphs 15 to 17; Collino and Chiappero , paragraph 34; UGT-FSP , paragraph 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
7,728 | 22 In determining the distinctive character of a mark and, accordingly, in assessing whether it is highly distinctive, the national court must make an overall assessment of the greater or lesser capacity of the mark to identify the goods or services for which it has been registered as coming from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings (see, to that effect, judgment of 4 May 1999 in Joined Cases C-108/97 and C-109/97 Windsurfing Chiemsee v Huber and Attenberger [1999] ECR I-2779, paragraph 49). | 61. It must be stated in that regard that, since the abovementioned provision has direct effect, it is binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities such as Länder , cities and towns or communes, and those authorities are required to apply it (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33). | 0 |
7,729 | 21. Furthermore, by virtue of Article 21 of the Statute of the Court of Justice of the European Union and Article 38(1)(c) of its Rules of Procedure, the Commission must, in any application made under Article 258 TFEU, indicate the specific complaints on which the Court is asked to rule and, at the very least in summary form, the legal and factual particulars on which those complaints are based (see, to that effect, Case C‑52/90 Commission v Denmark [1992] ECR I‑2187, paragraph 17; Case C‑508/03 Commission v United Kingdom , paragraph 62; and Case C‑487/08 Commission v Spain [2010] ECR I‑0000, paragraph 71). | 33 In the latter context, the Member States, which retain exclusive competence as regards the maintenance of public order and the safeguarding of internal security, unquestionably enjoy a margin of discretion in determining what measures are most appropriate to eliminate barriers to the importation of products in a given situation. | 0 |
7,730 | 6 It follows that revision is not an appeal procedure but an exceptional review procedure that allows the authority of res judicata attaching to a final judgment to be called in question on the basis of the findings of fact relied upon by the court. Revision presupposes the discovery of elements of a factual nature which existed prior to the judgment and which were unknown at that time to the court which delivered it as well as to the party applying for revision and which, had the court been able to take them into consideration, could have led it to a different determination of the proceedings (see, most recently, the order of 25 February 1992 in Case C-185/90 P-REV Gill v Commission [1992] ECR I-993, paragraph 12, and the judgment in Case C-130/91 REV ISAE/VP and Interdata v Commission [1995] ECR I-407, paragraph 6). | 26 NATIONAL AUTHORITIES POSSESS LEGISLATIVE AND ADMINISTRATIVE METHODS CAPABLE OF COMPELLING THE MANUFACTURER OR HIS DULY APPOINTED REPRESENTATIVE TO SUPPLY PARTICULARS MAKING IT POSSIBLE TO ASCERTAIN THAT THE MEDICINAL PREPARATION WHICH IS IN FACT THE SUBJECT OF PARALLEL IMPORTATION IS IDENTICAL WITH THE MEDICINAL PREPARATION IN RESPEKT OF WHICH THEY ARE ALREADY INFORMED .
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7,731 | 30 In view of that argument it should be noted, first, that the specific subject-matter of trade-mark rights consists in protecting the proprietor of the mark against a risk of confusion such as to allow third persons to take unlawful advantage of the reputation of the proprietor' s goods (judgments in Case 16/74 Centrafarm v Winthrop [1974] ECR 1183 at paragraph 8 and in Case C-10/89 HAG GF ("HAG II") [1990] ECR I-3711 at paragraph 14). | 19 So, the Staff Regulations are intended only to regulate the legal relations between the European institutions and their officials, by establishing a series of reciprocal rights and obligations and by affording certain members of an official's family rights which they may assert in relation to the European Communities. | 0 |
7,732 | 42. Furthermore, settled case-law also shows that the purpose of the Community directives coordinating procedures for the award of public contracts is to avoid both the risk of preference being given to national tenderers or applicants whenever a contract is awarded by the contracting authorities and the possibility that a body financed or controlled by the State, regional or local authorities or other bodies governed by public law may choose to be guided by considerations other than economic ones (see, in particular, University of Cambridge , cited above, paragraph 17, Commission v France , cited above, paragraph 42, and Universale-Bau , cited above, paragraph 52). | 53 2 ) ATTENDU , ENFIN , QUANT AU POINT DE SAVOIR SI DES MESURES TELLES QUE CELLES ADOPTEES PAR LES PAYS-BAS SONT PROHIBEES COMME MESURES AYANT UN EFFET EQUIVALANT A CELUI D ' UNE RESTRICTION QUANTITATIVE , QUE LES DISPOSITIONS DU REGLEMENT NO 2142/70 N ' ENONCENT PAS EXPRESSEMENT UNE TELLE INTERDICTION EN CE QUI CONCERNE LES ECHANGES INTRACOMMUNAUTAIRES ; | 0 |
7,733 | 45 In order to prevent the protection afforded to the proprietor varying from one State to another, the Court must therefore give a uniform interpretation to Article 5(1) of the Directive, in particular the term `use' which is the subject of the questions referred for a preliminary ruling in the present case (see, to that effect, Zino Davidoff and Levi Strauss, paragraphs 42 and 43). | 26
Taking into account ‘negative income’ relating to immovable property located in the Member State where a taxpayer has chosen to be resident for tax purposes forms a tax advantage linked to his/her personal situation, which is relevant to the assessment of his/her overall ability to pay tax (see, to that effect, judgment of 18 June 2015, Kieback, C‑9/14, EU:C:2015:406, paragraph 19 and the case-law cited). | 0 |
7,734 | 41
It follows that, in the present case, that criminal offence does not constitute a situation arising before the accession of Romania to the European Union which had not produced all its effects before that accession (see, to that effect, judgment of 3 September 2014, X, C‑318/13, EU:C:2014:2133, paragraphs 22 and 23). | 130. D’autre part, il convient de constater que, ce faisant, le Tribunal a en réalité simplement considéré que la motivation énoncée par la Commission afin de justifier son choix de retenir une proportion de 17 % de la valeur des ventes aux fins de déterminer le montant de base de l’amende était, au vu des circonstances de l’espèce, suffisante. En effet, il résulte d’une jurisprudence constante que l’exigence de motivation imposée par l’article 253 CE dépend notamment de l’intérêt que le destinataire de l’acte en cause peut avoir à recevoir des explications (voir, en ce sens, arrêt du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, Rec. p. I‑8947, point 150 et jurisprudence citée). | 0 |
7,735 | 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). | 49. It is clear that such an assessment of the risk 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 (see, to that effect, Case C-157/96 National Farmers ' Union and Others [1998] ECR I-2211, paragraph 63). However, the risk assessment cannot be based on purely hypothetical considerations (see, to that effect, EFTA Surveillance Authority v Norway , paragraph 29, and Case C-236/01 Monsanto Agricoltura Italia and Others [2003] ECR I-8105, paragraph 106). | 1 |
7,736 | 35
As a preliminary point, it should be borne in mind that, in accordance with the Court’s settled case-law, in a reference for a preliminary ruling under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to find and assess the facts in the case in the main proceedings. In that context, the Court is only empowered to rule on the interpretation or validity of EU law in the light of the factual and legal situation as described by the referring court, in order to provide that court with such guidance as will assist it in resolving the dispute before it (judgment of 28 July 2016, Kratzer, C‑423/15, EU:C:2016:604, paragraph 27). | 91. The fact that, in addition to the number of years spent working in the civil service, an official's actual period of service during those years, as compared with the actual period of service of an official who has worked on a full-time basis throughout his career, is also taken into account is an objective criterion unrelated to any discrimination on grounds of sex, allowing his pension entitlement to be reduced proportionately. | 0 |
7,737 | 67. Even if a measure is not intended to regulate trade in goods between Member States, the determining factor is its effect, actual or potential, on intra-Community trade. By virtue of that factor, in the absence of harmonisation of legislation, obstacles to the free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods constitute measures of equivalent effect prohibited by Article 28 EC, even if those rules apply to all products alike, unless their application can be justified by a public-interest objective taking precedence over the requirements of the free movement of goods (Case 120/78 Rewe-Zentral (Cassis de Dijon ) [1979] ECR 649, paragraphs 6, 14 and 15; Keck and Mithouard , paragraph 15, and Familiapress , paragraph 8). | 229. Consequently, the undertakings in question must take account of the possibility that the Commission may decide at any time to raise the level of the fines by reference to that applied in the past. | 0 |
7,738 | 17 In that regard, it should be observed that the Court has consistently held that a holding company whose sole purpose is to acquire holdings in other undertakings, without involving itself directly or indirectly in the management of those undertakings, without prejudice to its rights as a shareholder, does not have the status of taxable person and has no right to deduct tax under Article 17 of the Sixth Directive. That conclusion is based, inter alia, on the fact that the mere acquisition of financial holdings in other companies does not constitute an economic activity within the meaning of the Sixth Directive (see Case C-60/90 Polysar Investments Netherlands v Inspecteur der Invoerrechten [1991] ECR I-3111, paragraph 17; and Case C-333/91 Sofitam [1993] ECR I-3513, paragraph 12). | 29 The Court held that while a temporary worker cannot be denied social protection solely on the ground that he has been placed at the disposal of a Community institution, such protection cannot be provided by means which encroach upon the sphere of autonomy of the Community institutions (Tordeur, paragraph 27). | 0 |
7,739 | 50. It should be recalled at the outset that a directive imposes an obligation on all Member States to which it is addressed to adopt all the measures necessary to ensure that the directive concerned is fully effective in accordance with the objective which it pursues (see Case 14/83 von Colson and Kamann [1984] ECR 1891, paragraph 15, and Impact , paragraph 40). | 21. At the outset, it should be noted that Article 56(1) EC lays down a clear and unconditional prohibition for which no implementing measure is needed and which confers rights on individuals which they can rely on before the courts (see, to that effect, Sanz de Lera and Others , paragraphs 41 and 47). | 0 |
7,740 | 37
As regards the proportionality of the interference with the right to liberty that has been found to exist, it should be recalled that the principle of proportionality requires, according to the settled case-law of the Court, that measures adopted by the EU institutions do not exceed the limits of what is appropriate and necessary in order to attain the legitimate objectives pursued by the legislation in question, since the disadvantages caused by the legislation must not be disproportionate to the aims pursued (judgments of 15 February 2016, N., C‑601/15 PPU, EU:C:2016:84, paragraph 54 and the case-law cited, and of 9 June 2016, Pesce and Others, C‑78/16 and C‑79/16, EU:C:2016:428, paragraph 48 and the case-law cited). | 82. Consequently, it must be held that, as from 2000, the Commission is obliged to comply with a time-limit for adopting a decision on financial corrections. | 0 |
7,741 | 46. In the first place, it is settled case-law that on-call duty performed by a worker where he is required to be physically present on the employer’s premises must be regarded in its entirety as working time within the meaning of Directive 93/104, regardless of the work actually done by the person concerned during that on-call duty (see Simap , paragraph 52; Jaeger , paragraphs 71, 75 and 103; Pfeiffer and Others , paragraph 93; and the order in Case C‑241/99 CIG [2001] ECR I‑5139, paragraph 34). | 31. In particular, the reference in Article 8(3) of Decision 2005/387 to Article 34(2)(c) EU is, in that regard, irrelevant, in so far as the Council’s explicit choice not to refer to that provision in the contested decisions but instead to the FEU Treaty and to Article 8(3) of Decision 2005/387 indicates clearly that the contested decisions are based on the latter provision itself. | 0 |
7,742 | 33
According to equally settled case-law, the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see judgments in Agroferm, C‑568/11, EU:C:2013:407, paragraph 41, and in Oliver Medical, C‑547/13, EU:C:2015:139, paragraph 47). Moreover, the intended use of the product is a relevant criterion only where the classification can be made on the sole basis of the objective characteristics and properties of the product (judgment in Skoma-Lux, C‑339/09, EU:C:2010:781, paragraph 47). | 47. Finally, for the purposes of classification under the appropriate heading, it should be recalled that the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see judgment in Olicom , C‑142/06, EU:C:2007:449, paragraph 18). | 1 |
7,743 | 76. In that regard, it must be borne in mind that, as derogations from the fundamental rules of freedom of establishment and freedom to provide services, Articles 45 EC and 55 EC must be interpreted in a manner which limits their scope to what is strictly necessary in order to safeguard the interests which they allow the Member States to protect (see, in particular, Case 147/86 Commission v Greece [1988] ECR 1637, paragraph 7; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; and Case C‑438/08 Commission v Portugal [2009] ECR I‑0000, paragraph 34). | 101. Finally, it is common ground that the appellant, a United Kingdom national, has passed a significant part of her life in the United Kingdom. | 0 |
7,744 | 25. The Court notes that different rules apply for the determination of normal value and export price and therefore the SG & A expenses in issue need not necessarily be treated in the same way in both cases. However, possible differences between the two values may be taken into account under the adjustments provided for in Article 2(10) of the basic regulation (see, to that effect, Case C‑69/89 Nakajima v Council [1991] ECR I‑2069, paragraph 73). | 84. The Commission exercises that power when it considers that the aid in question is necessary for the purpose of attaining the objectives of the Treaty. | 0 |
7,745 | 22
It is settled case-law that questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling from a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see judgment of 12 October 2010, Rosenbladt, C‑45/09, EU:C:2010:601, paragraph 33 and the case-law cited). | 59. Admittedly, it remains altogether open to the European Union, after the entry into force of the FEU Treaty, to legislate on the subject of intellectual property rights by virtue of competence relating to the field of the internal market. However, acts adopted on that basis and intended to have validity specifically for the European Union will have to comply with the rules concerning the availability, scope and use of intellectual property rights in the TRIPs Agreement, as those rules are still, as previously, intended to standardise certain rules on the subject at world level and thereby to facilitate international trade. | 0 |
7,746 | 64
It is true that, in particular circumstances, the Court has already held, in the light of the case-law cited in paragraph 61 of the present judgment, that a trader which opted for the abovementioned economic model had to be regarded as individually concerned by a regulation which imposed anti-dumping duties (see, to this effect, judgments in Nashua Corporation and Others v Commission and Council, C‑133/87 and C‑150/87, EU:C:1990:115, paragraphs 3 and 17 to 20, and Gestetner Holdings v Council and Commission, C‑156/87, EU:C:1990:116, paragraphs 3 and 20 to 23). | 19. It must be borne in mind that a request for a preliminary ruling made by a national court may be declared inadmissible only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgment in Belvedere Costruzioni , C‑500/10, EU:C:2012:186, paragraph 16 and the case-law cited). | 0 |
7,747 | 41. The essential characteristic of a waste recovery operation, such as is apparent from Article 3(1)(b) of Directive 75/442 and from the fourth recital to that directive, is that its principal objective is that the waste can serve a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources (see, inter alia, ASA , paragraph 69; Case C‑458/00 Commission v Luxembourg [2003] ECR I‑1553, paragraph 36; and Case C‑103/02 Commission v Italy [2004] ECR I-9127, paragraph 62). | 131 THE APPLICANT OBJECTS THAT THIS CONDUCT IS TO BE IMPUTED TO ITS SUBSIDIARIES AND NOT TO ITSELF . | 0 |
7,748 | 32 It is clear from the judgment in Case C-135/99 Elsen [2000] ECR I-10409, paragraphs 25 to 28, that, as regards taking account of child-raising periods for the purposes of old-age insurance, the fact that a person, like Mrs Kauer, worked in only one Member State and was subject to the legislation of that State at the time when her child was born, allows a sufficiently close link to be established between those child-raising periods and the periods of insurance completed by virtue of the pursuit of a gainful occupation in the State under consideration. It was indeed on account of completion of those latter periods that Mrs Kauer requested an Austrian institution to take account of periods spent in rearing her children during a break in her working career. | 20 As regards the precise nature of the error, the question to be determined each time is whether the rules concerned are complex or simple enough for an examination of the facts to make an error easily detectable . It should be stated that, in a case such as this, where the trader twice received confirmation that the erroneous view upon which the customs treatment was based was correct, the repetition of the error by the customs authority is evidence that the problem to be resolved was a complex one . | 0 |
7,749 | 60. Apart from the fact that it cannot be ruled out that a company resident in a Member State other than the Federal Republic of Germany may have shareholders who are resident in Germany, comparing the tax burden on dividends paid to non-resident companies with the overall tax burden on dividends where a resident company in receipt of dividends redistributes them to its resident shareholders amounts to comparing systems and situations which are not comparable, namely, on the one hand, natural persons in receipt of national dividends and their income tax arrangements and, on the other, capital companies in receipt of dividends leaving the country and the withholding tax levied by the Federal Republic of Germany (see, to that effect, Commission v Italy , paragraph 43). | 61 Under those circumstances, it follows clearly from the provisions of Regulation No 1612/68, in particular Articles 10 and 12 thereof, that the children of R's first husband continue to enjoy a right to reside in the host Member State as well as the right to pursue their education there under the same conditions as the nationals of that State. | 0 |
7,750 | 30
In principle, a substantial amendment of a contract after it has been awarded cannot be effected by direct agreement between the contracting authority and the successful tenderer, but must give rise to a new award procedure for the contract so amended (see, by analogy, judgment of 13 April 2010, Wall, C‑91/08, EU:C:2010:182, paragraph 42). The position would be otherwise only if that amendment had been provided for by the terms of the original contract (see, to that effect, judgment of 19 June 2008, pressetext Nachrichtenagentur, C‑454/06, EU:C:2008:351, paragraphs 37, 40, 60, 68 and 69). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
7,751 | 34
In this connection, it must be recalled that, although, by virtue of the very nature of regulations and of their function in the system of sources of EU law, the provisions of regulations generally have immediate effect in the national legal systems, without the need for the national authorities to adopt implementing measures, some of their provisions may nevertheless require, for their application, the adoption of implementing measures by the Member States (judgment of 25 October 2012 in Ketelä, C‑592/11, EU:C:2012:673, paragraph 35; order of 16 January 2014 in Dél-Zempléni Nektár Leader Nonprofit, C‑24/13, EU:C:2014:40, paragraph 14; and judgment of 15 May 2014 in Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 54). | 48. In the event that the duties performed by the applicants in the main proceedings for the AGCM under fixed-term employment contracts did not correspond to those performed by a career civil servant belonging to the relevant category of that authority, the alleged difference in treatment concerning periods of service being taken into account upon the recruitment of the applicants in the main proceedings as career civil servants would not be contrary to clause 4 of the framework agreement, as that difference in treatment would relate to differing situations (see, by analogy, Rosado Santana , paragraph 68). | 0 |
7,752 | 66. As regards, next, the argument concerning the balanced apportionment of the power to tax, it should be recalled that such a justification may be accepted, in particular, where the system in question is designed to prevent conduct capable of jeopardising the right of a Member State to exercise its tax jurisdiction in relation to activities carried out on in its territory (see Case C‑347/04 Rewe Zentralfinanz [2007] ECR I‑2647, paragraph 42; Oy AA , paragraph 54; and Amurta , paragraph 58). | 49. It must therefore be held that, in applying a reduced rate of VAT to the supply of services by lawyers, for which they are paid in full or in part by the State under the legal aid scheme, the French Republic has failed to fulfil its obligations under Articles 96 and 98(2) of Directive 2006/112.
Costs | 0 |
7,753 | 33. Although the concept of ‘direct investment’ is not defined by the Treaty, it has nevertheless been defined in the nomenclature of the capital movements set out in Annex I to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty [article repealed by the Treaty of Amsterdam] (OJ 1988 L 178, p. 5) ( Test Claimants in the FII Group Litigation , paragraphs 177 and 178). | 58. D’autre part, en vertu d’une jurisprudence constante de la Cour rappelée à juste titre par le Tribunal au point 109 de l’arrêt attaqué, il appartient à la Commission, aux fins de prouver l’existence d’une violation des règles de l’organisation commune des marchés agricoles, non pas de démontrer d’une façon exhaustive l’insuffisance des contrôles effectués par les administrations nationales ou l’irrégularité des chiffres transmis par elles, mais de présenter un élément de preuve du doute sérieux et raisonnable qu’elle éprouve à l’égard des contrôles effectués par les administrations nationales ou de l’irrégularité des chiffres transmis par elles. Cet allègement de la charge de la preuve pour la Commission s’explique par le fait que c’est l’État qui est le mieux placé pour recueillir et vérifier les données nécessaires à l’apurement des comptes du FEOGA, et auquel il incombe, en conséquence, de présenter la preuve la plus détaillée et complète de la réalité de ses contrôles ou de ses chiffres et, le cas échéant, de l’inexactitude des affirmations de la Commission (voir en ce sens, notamment, arrêts Grèce/Commission, C‑247/98, EU:C:2001:4, points 7 à 9, et Portugal/Commission, C‑335/03, EU:C:2005:231, point 68). | 0 |
7,754 | 23 If, at the time of that transfer, the customers paid a reduced price, they would receive a discount; if the seller refunded to them part of the price already paid, the customers would receive a rebate within the meaning of Article 11A(3)(b) of the Sixth Directive (see, to that effect, the judgment in Boots Company, cited above, paragraph 18). | 6. As the Court has consistently held, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in that Member State as it stood at the end of the period laid down in the reasoned opinion (see, in particular, Case C-71/99 Commission v Germany [2001] ECR I-5811, paragraph 29; and Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13). | 0 |
7,755 | 20. The Court added that, where a plan or project not directly connected with or necessary to the management of a site is likely to undermine the site’s conservation objectives, it must be considered likely to have a significant effect on that site. The assessment of that risk must be made in the light inter alia of the characteristics and specific environmental conditions of the site concerned by such a plan or project ( Sweetman and Others EU:C:2013:220, paragraph 30). | 38
The Court has thus held that the concept of ‘public policy’ presupposes, in any event, the existence, in addition to the disturbance of the social order which any infringement of the law involves, of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. | 0 |
7,756 | 89. It is apparent from the case-law of the Court of Justice that if a given operation or activity is not covered by the prohibition rule laid down in Article 81(1) EC, owing to its neutrality or positive effect in terms of competition, a restriction of the commercial autonomy of one or more of the participants in that operation or activity is not covered by that prohibition rule either if that restriction is objectively necessary to the implementation of that operation or that activity and proportionate to the objectives of one or the other (see to that effect, in particular, judgments in Remia and Others v Commission , 42/84, EU:C:1985:327, paragraphs 19 and 20; Pronuptia de Paris , 161/84, EU:C:1986:41, paragraphs 15 to 17; DLG , C‑250/92, EU:C:1994:413, paragraph 35, and Oude Luttikhuis and Others , C‑399/93, EU:C:1995:434, paragraphs 12 to 15). | 12 IT IS , HOWEVER , 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 .
| 0 |
7,757 | 26. However, it has also held that the conclusion that the proprietor may not rely on the rights conferred by the trade mark in order to oppose the marketing under his trade mark of products repackaged by an importer amounts to conferring on the importer certain rights which in normal circumstances are reserved for the trade mark proprietor himself. Consequently, in the interests of the proprietor as owner of the trade mark, and to protect him against any misuse, those rights must be recognised only in so far as the importer also complies with a number of other requirements (see, to that effect, Bristol-Myers Squibb and Others , paragraphs 68 and 69, and MPA Pharma , paragraphs 40 and 41). | 37
In that context, as recalled in paragraph 27 above, the Member States must ensure that the data collected from the operators and used for allocation purposes is complete and consistent and presents the highest achievable accuracy. It is therefore for the Member States to determine themselves what relevant information for the competent authorities must be collected from the operators. | 0 |
7,758 | 26. À cet égard, il convient également de rappeler que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 36, et du 25 mars 2010, Commission/Grèce, C‑169/09, point 11). | 48 Next, it must be borne in mind that, in CIA Security, the finding of inapplicability as a legal consequence of breach of the obligation of notification was made in response to a request for a preliminary ruling arising from proceedings between competing undertakings based on national provisions prohibiting unfair trading. | 0 |
7,759 | 38 The Court has held, however, that Article 6 of Decision No 1/80 relates not only to the situation where a Turkish worker is in active employment but also to the situation where he is incapacitated for work, provided that his incapacity is only temporary, that is to say it does not affect his fitness to continue exercising his right to employment granted by that decision, albeit after a temporary break in his employment relationship (see Bozkurt, cited above, paragraphs 38 and 39). | 49 Finally, as regards the argument concerning the objective of rewarding the loyalty of the staff concerned, given the large number of employers covered by Paragraph 26(2) of the VBG, the pay scheme is intended to allow the greatest possible mobility within a group of legally distinct employers and not to reward the loyalty of an employee to a particular employer. | 0 |
7,760 | 27. The Court held in Abbey National , paragraphs 26, 63 and 64, that not only investment management involving the selection and disposal of the assets under management but also administration and accounting services – such as computing the amount of income and the price of units or shares, the valuation of assets, accounting, the preparation of statements for the distribution of income, the provision of information and documentation for periodic accounts and for tax, statistical and VAT returns, and the preparation of income forecasts – fall within the concept of ‘management’ of a special investment fund. It is therefore not important that, as in the case in the main proceedings, it was for the IMC in question to implement the recommendations provided by GfBk to purchase and sell assets, after checking that they complied with investment limits. | 80. According to consistent case-law, national legislation making the addition of a nutritive substance to a foodstuff lawfully manufactured and/or marketed in other Member States subject to prior authorisation is not in principle contrary to Community law provided certain conditions are fulfilled (see, to that effect, Case C-344/90 Commission v France [1992] ECR I-4719, paragraph 8, and Commission v Denmark , paragraph 44). | 0 |
7,761 | 21 Furthermore, as the Court pointed out in its judgment in Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18, and its judgment in Case 348/87 Stichting Uitvoering Financiële Acties, cited above (paragraph 11), it is evident from the 11th recital of the preamble to the Sixth Directive that the exemptions constitute independent concepts of Community law which must be placed in the general context of the common system of VAT introduced by the Directive. | 37. It should be noted that, in the above cases Commission v Ireland , paragraph 15, and Commission v United Kingdom , paragraph 14, the Court expressed its views on the determination of Member State and EU competences by declaring that the establishment of social reasons stems from the political choices of Member States and may not be subject to scrutiny by the European Union except where, by a distortion of that concept, it results in measures which fall, by virtue of their effect and true objectives, outside that context. | 0 |
7,762 | 66. First of all, it should be borne in mind that, according to settled case-law, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (see, inter alia, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraph 40; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraph 36; and Case C‑231/05 Oy AA [2007] ECR I‑6373, paragraph 20). | 113. In order to be permitted to bring an action on behalf of such an organisation, it is necessary to show that the organisation concerned does indeed wish to bring the action and that the lawyers who claim to represent it have in fact been instructed for that purpose. | 0 |
7,763 | 23. Moreover, in certain circumstances, several formally distinct services, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent (see Case C‑425/06 Part Service [2008] ECR I‑897, paragraph 51; Case C‑572/07 RLRE Tellmer Property [2009] ECR I‑4983, paragraph 18; and Don Bosco Onroerend Goed , paragraph 36). | 36. In certain circumstances, however, several formally distinct transactions, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent (see, to that effect, Part Service , paragraph 51, and RLRE Tellmer Property , paragraph 18). | 1 |
7,764 | 34. Article 5 of the Directive confers on the trade mark proprietor exclusive rights which entitle him inter alia to prevent any third party from importing goods bearing the mark, offering the goods, or putting them on the market or stocking them for these purposes. Article 7(1) contains an exception to that rule, in that it provides that the trade mark proprietor’s rights are exhausted where the goods have been put on the market in the EEA by him or with his consent (see Zino Davidoff and Levi Strauss , paragraph 40, and Van Doren + Q , paragraph 33). | 47 The United Kingdom Government submits, first, that a legislative provision such as the one at issue in the main proceedings may be objectively justified by the intention to promote the economy of the country by encouraging investment by individuals in companies with their seat in the Netherlands. | 0 |
7,765 | 22 No exception can be taken under Community law to the protection granted by a national law against the risk of confusion, since it corresponds to the specific subject-matter of a trade name, that is to say, protection of the proprietor of the trade name against that risk (see, to the same effect, on the subject of trade marks, Case C-317/91 Deutsche Renault [1993] ECR I-6227, paragraph 37). | 40
Il ne ressort ni des termes ni des objectifs de la directive 2009/103 que celle-ci vise à établir des règles de conflits de lois. | 0 |
7,766 | 37 The Court has consistently held that, in the absence of relevant Community rules, it is for the national legal order of each Member State to designate the competent courts and to lay down the procedural rules for proceedings designed to ensure the protection of the rights which individuals acquire through the direct effect of Community law, provided that such rules are not less favourable than those governing similar domestic actions and are not framed in such a way as to render impossible in practice the exercise of rights conferred by Community law (see, to that effect, Case 33/76 Rewe [1976] ECR 1989, paragraphs 5 and 6, Case 45/76 Comet [1976] ECR 2043, paragraph 13, Fisscher, cited above, paragraph 39, and Case C-410/92 Johnson [1994] ECR I-5483, paragraph 21). | 142. The Commission is therefore correct in claiming, first, that SPA classification cannot be the result of an isolated study of the ornithological value of each of the areas in question but must be carried out in the light of the natural boundaries of the wetland ecosystem and, second, that the ornithological criteria which form the foundation of the classification must have a scientific basis. The use of flawed, allegedly ornithological criteria might lead to an incorrect demarcation of the boundaries of SPAs. | 0 |
7,767 | 46. The difference in treatment which arises from a condition of residence being imposed on students who are the children of frontier workers thus constitutes indirect discrimination on the ground of nationality which is in principle prohibited, unless it is objectively justified. In order to be justified, it must be appropriate for securing the attainment of a legitimate objective and must not go beyond what is necessary to attain that objective (see, to that effect, Case C‑73/08 Bressol and Others [2010] ECR I‑2735, paragraphs 47 and 48, and Commission v Netherlands , paragraph 55).
The pursuit of a legitimate objective | 53. As regards the type of correction applied, it should be noted that, in the light of Document VI/5330/97, a flat-rate correction may be applied where it is not possible to determine precisely the losses suffered by the Community. | 0 |
7,768 | 17. It follows that, as the Advocate General notes, in essence, in points 33 to 36 of his Opinion, for the provisions of the Authorisation Directive to be applicable to a tax such as that at issue in the main proceedings, the trigger for that tax must be linked to a general authorisation procedure, which ensures, under Article 2(2)(a) of the Authorisation Directive, rights for the provision of electronic communications networks or services (see, to that effect, judgments in Commission v France , C‑485/11, EU:C:2013:427, paragraphs 30, 31 and 34; Vodafone Malta and Mobisle Communications , C‑71/12, EU:C:2013:431, paragraphs 24 and 25; and Fratelli De Pra and SAIV , C‑416/14, EU:C:2015:617, paragraph 41). | 82 Furthermore, contrary to ADP's argument, the Court of First Instance was right to point out, at paragraph 124 of the contested judgment, that according to the case-law of the Court of Justice, the fact that an activity may be exercised by a private undertaking amounts to further evidence that the activity in question may be described as a business activity. | 0 |
7,769 | 47
In the second place, the Court points out that, ruling, within the framework of the legislation previously in force, as regards the opposite situation in which the entry added by the official veterinarian at the exit point contained a positive assessment as regards adherence to the relevant provisions of the legislation on the transport of live animals, the it held that the finding made by the veterinarian did not constitute irrefutable proof in that respect, so that that finding did not bind the authority competent for the payment of the export refund in relation to the export of cattle due to objective and specific evidence leading to the opposite conclusion (see, to that effect, judgments of 13 March 2008 in Viamex Agrar Handel, C‑96/06, EU:C:2008:158, paragraphs 34, 35, 37 and 41, and 25 November 2008 in Heemskerk and Schaap, C‑455/06, EU:C:2008:650, paragraphs 25 and 30). | 56. In addition, the infringement procedure has characteristics which are comparable to those of a State aid review procedure, which led the Court of Justice to recognise the existence of a general presumption in that regard in the Commission v Technische Glaswerke Ilmenau case. | 0 |
7,770 | 37. However, in accordance with settled case-law, the classification of a substance or object as waste is to be inferred primarily from the holder’s actions and the meaning of the term ‘discard’ (see, to that effect, Case C‑188/07 Commune de Mesquer [2008] ECR I‑4501, paragraph 53, and Case C‑263/05 Commission v Italy [2007] ECR I‑11745, paragraph 32). | 50. It is apparent from the foregoing that the appellant’s appeal must be dismissed as inadmissible.
B – The appeal of the Kingdom of the Netherlands (C‑550/10 P)
1. Arguments of the parties | 0 |
7,771 | 52 The system of common rules on conferment of jurisdiction laid down in Title II of the Brussels Convention is based on the general rule, set out in the first paragraph of Article 2, that persons domiciled in a Contracting State are to be sued in the courts of that State, irrespective of the nationality of the parties. That jurisdictional rule is a general principle, which expresses the maxim actor sequitur forum rei, because it makes it easier, in principle, for a defendant to defend himself (see, in particular, Case C-412/98 Group Josi [2000] ECR I-5925, paragraphs 34 and 35). | 35 That jurisdictional rule is a general principle, which expresses the maxim actor sequitur forum rei, because it makes it easier, in principle, for a defendant to defend himself (see, to that effect, Case C-26/91 Handte v Traitements Mécano-chimiques des Surfaces [1992] ECR I-3967, paragraph 14; see also the Jenard Report on the Brussels Convention (OJ 1979 C 59, p. 1, 18)). | 1 |
7,772 | 44. Moreover, the Court has held that Article 859 of the Implementing Regulation contains a validly constituted and exhaustive set of rules on failures, within the meaning of Article 204(1)(a) of the Customs Code, which ‘have no significant effect on the correct operation of the temporary storage or customs procedure in question’ (Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 43). In the main proceedings, the referring court formulated the question referred on the assumption that the conditions set out in Article 859 were not fulfilled. | 37 It follows, however, from the Court' s case-law that national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by imperative requirements in the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain it (see Case C-19/92 Kraus v Land Baden-Wuerttemberg [1993] ECR I-1663, paragraph 32). | 0 |
7,773 | 19. In that regard, the Court has already held that Article 7(1) of Directive 2003/88 does not preclude, as a rule, national legislation which lays down conditions for the exercise of the right to paid annual leave expressly conferred by the directive, including even the loss of that right at the end of a leave year or of a carry-over period, provided, however, that the worker who has lost his right to paid annual leave has actually had the opportunity to exercise that right. Thus, the right to paid annual leave is not extinguished at the end of the reference period laid down by national law where the worker was on sick leave for the whole or part of the leave year and has not actually had the opportunity to exercise that right (see Joined Cases C‑350/06 and C‑520/06 Schultz-Hoff and Others [2009] ECR I‑0000, paragraphs 43 and 55). | 71. Secondly, it should be noted as a preliminary remark that, according to the case-law of the Court, in setting the amount of fines, regard must be had to the duration of the infringements and to all the factors capable of affecting the assessment of the gravity of those infringements (see Musique Diffusion française and Others v Commission , paragraph 129, and Dansk Rørindustri and Others v Commission , paragraph 240). | 0 |
7,774 | 23. It must be noted, next, according to settled case‑law, the concept of ‘worker’ within the meaning of Article 45 TFEU has a specific independent meaning and must not be interpreted narrowly. Any person who pursues activities that are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case‑law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see, in particular, Case 66/85 Lawrie‑Blum [1986] ECR 2121, paragraphs 16 and 17; Case C‑138/02 Collins [2004] ECR I‑2703, paragraph 26; and Case C‑456/02 Trojani [2004] ECR I‑7573, paragraph 15). | 46AS INSTITUTIONAL ACTS ADOPTED ON THE BASIS OF THE TREATY , THE REGULATIONS APPLY IN PRINCIPLE TO THE SAME GEOGRAPHICAL AREA AS THE TREATY ITSELF .
| 0 |
7,775 | 15 It is settled case-law that the interpretation which, in the exercise of the jurisdiction conferred upon it by Article 177 of the Treaty, the Court gives to a rule of Community law clarifies and defines where necessary the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its coming into force. It follows that the rule thus interpreted may, and must, be applied by the courts even to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions enabling an action relating to the application of that rule to be brought before the courts having jurisdiction are satisfied (see, in particular, Case 61/79 Amministrazione delle Finanze dello Stato v Denkavit Italiana [1980] ECR 1205, paragraph 16, and Joined Cases C-197/94 and C-252/94 Bautiaa and Société Française Maritime [1996] ECR I-505, paragraph 47). | 29 Although criteria based on the results of the activity in question cannot in themselves make it possible to determine whether the activity is carried on for the purpose of obtaining income on a continuing basis, the actual length of the period for which the property is hired, the number of customers and the amount of earnings are also factors which, forming part of the circumstances of the case as a whole, may be taken into account with others when that question is under consideration. | 0 |
7,776 | 46. Thus, where the Commission relies on detailed complaints revealing repeated failures to comply with the provisions of the directive, it is incumbent on the Member State to contest specifically the facts alleged in those complaints (see, by analogy, Case 272/86 Commission v Greece [1988] ECR 4875, paragraph 19). | 19 Such restrictions on exports of olive oil were admitted by the Greek Government as regards the period from 10 January to 10 June 1985 . For the subsequent period, the Commission refers to complaints made by various Community traders and the Italian Government to the effect that repeated efforts to export and import olive oil in bulk have proved fruitless . At the hearing, the representatives of the Greek Government were unable specifically to refute the allegations made in those complaints . Moreover, the figures produced by the Commission indicate that, with the exception of extra and fine quality virgin olive oil in packs not exceeding five litres, olive oil has been exported only in exceptional cases . | 1 |
7,777 | 20 The Court has thus recognised that it is compatible with Community law to lay down reasonable limitation periods for bringing proceedings in the interests of legal certainty which protects both the taxpayer and the administration concerned (see Rewe, paragraph 5, Comet, paragraphs 17 and 18, and Denkavit Italiana, paragraph 23, all cited above; see also Case C-261/95 Palmisani v INPS [1997] ECR I-4025, paragraph 28, and Case C-90/94 Haahr Petroleum v benrå Havn and Others [1997] ECR I-4085, paragraph 48). The fact that the Court has given a preliminary ruling on the interpretation of the provision of Community law in question is immaterial in that respect (see, to that effect, Rewe, cited above, paragraph 7). | 36. Ainsi, pareil octroi de CCP multiples portant sur des «produits» distincts permet de rétablir une durée de protection effective suffisante du brevet, et uniforme s’agissant des deux CCP susmentionnés, en permettant à son titulaire de bénéficier d’une période d’exclusivité supplémentaire à l’expiration du brevet de base destinée à compenser, au moins partiellement, le retard pris dans l’exploitation commerciale de son ou de ses inventions en raison du laps de temps qui s’est écoulé entre la date du dépôt de la demande de brevet et celle de l’obtention de la première AMM dans l’Union européenne (voir arrêts du 11 novembre 2010, Hogan Lovells International, C‑229/09, Rec. p. I‑11335, point 50; ainsi que Actavis Group PTC et Actavis UK, précité, point 31). | 0 |
7,778 | 79. In that regard, it must be borne in mind that measures which, whatever their form, are likely directly or indirectly to favour certain undertakings or are to be regarded as an economic advantage which the recipient undertaking would not have obtained under normal market conditions are regarded as State aid (see Altmark Trans and Regierungspräsidium Magdeburg , paragraph 84; Joined Cases C-34/01 to C-38/01 Enirisorse [2003] ECR I-14243, paragraph 30; and Servizi Ausiliari Dottori Commercialisti , paragraph 59). | 50. Furthermore, the expressions ‘main subject-matter of the contract’ and ‘the adequacy of the price and remuneration on the one hand, as against the services or goods supplied, on the other’ must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose of the legislation in question ( Kásler and Káslerné Rábai , EU:C:2014:282, paragraphs 37 and 38). | 0 |
7,779 | 73. According to settled case-law, the rule of special jurisdiction laid down in Article 5(3) of that regulation is based on the existence of a particularly close connecting factor between the dispute and the courts of the place where the harmful event occurred or may occur, which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings (judgment in CDC Hydrogen Peroxide , C‑352/13, EU:C:2015:335, paragraph 39 and the case-law cited). | 16THE POSSIBILITY OF DETERMINING MORE OR LESS PRECISELY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM A MEASURE APPLIES BY NO MEANS IMPLIES THAT IT MUST BE REGARDED AS BEING OF INDIVIDUAL CONCERN TO THEM .
| 0 |
7,780 | 35. In this case, analogously with what the Court has already found in relation to a similar system ( de Lasteyrie du Saillant , paragraph 46), a taxpayer wishing to transfer his residence outside Netherlands territory, in exercise of the rights guaranteed to him by Article 43 EC, was subjected at the time of the facts to disadvantageous treatment in comparison with a person who maintained his residence in the Netherlands. That taxpayer became liable, simply by reason of such a transfer, to tax on income which had not yet been realised and which he therefore did not have, whereas, if he had remained in the Netherlands, increases in value would have become taxable only when, and to the extent that, they were actually realised. That difference in treatment was likely to discourage the person concerned from transferring his residence outside the Netherlands. | 46. A taxpayer wishing to transfer his tax residence outside French territory, in exercise of the right guaranteed to him by Article 52 of the Treaty, is subjected to disadvantageous treatment in comparison with a person who maintains his residence in France. That taxpayer becomes liable, simply by reason of such a transfer, to tax on income which has not yet been realised and which he therefore does not have, whereas, if he remained in France, increases in value would become taxable only when, and to the extent that, they were actually realised. That difference in treatment concerning the taxation of increases in value, which is capable of having considerable repercussions on the assets of a taxpayer wishing to transfer his tax residence outside France, is likely to discourage a taxpayer from carrying out such a transfer. | 1 |
7,781 | 59. In this respect, it is sufficient to recall that the primacy of international agreements concluded by the Community over provisions of secondary Community legislation means that such provisions must, so far as is possible, be interpreted in a manner that is consistent with those agreements (see Case C‑61/94 Commission v Germany [1996] ECR I‑3989, paragraph 52). | 45. Une décision de réaffectation d’un fonctionnaire en service dans un pays tiers affecte sa situation administrative, puisqu’elle en modifie le lieu et les conditions d’exercice des fonctions ainsi que leur nature. Elle peut également avoir une incidence sur la carrière de ce fonctionnaire dans la mesure où elle est susceptible d’exercer une influence sur ses perspectives d’avenir professionnel, certaines fonctions pouvant, à classement égal, conduire mieux que d’autres à une promotion, en raison de la nature des fonctions exercées (voir arrêt du 12 novembre 1996, Ojha/Commission, C-294/95 P, Rec. p. I-5863, point 58). Elle peut, par ailleurs, entraîner une diminution de sa rémunération. | 0 |
7,782 | 39
First, with regard to the objective element, such a finding requires that it must be apparent from a combination of objective circumstances that, despite formal observance of the conditions laid down by EU rules, the purpose of those rules has not been achieved (see judgments of 14 December 2000 in Emsland-Stärke, C‑110/99, EU:C:2000:695, paragraph 52, and of 13 March 2014 in SICES and Others, C‑155/13, EU:C:2014:145, paragraph 32). | 58. Investments in property such as those made within Netherlands territory by Mr Barbier, acting from Belgium, clearly constitute "movements of capital" within the meaning of Article 1(1) of Directive 88/361, as does the transfer of immovable property by its sole owner to a private company in which he holds all the shares, as well as the inheritance of that property. | 0 |
7,783 | 16 Moreover, when the Commission criticises a Member State for not having established an effective monitoring and checking system, the discovery of individual cases in which it finds that the applicable agricultural legislation has been disregarded is only one element among others to justify its criticism in relation to the efficacy of the monitoring and checking system established by the Member State (Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 42, and Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 32). | 27
The Court’s case-law has also established that, in order to determine whether an agreement between undertakings reveals a sufficient degree of harm that it may be considered a ‘restriction of competition by object’ within the meaning of Article 101(1) TFEU, regard must be had to the content of its provisions, its objectives and the economic and legal context of which it forms part (judgment in ING Pensii, C‑172/14, EU:C:2015:484, paragraph 33). | 0 |
7,784 | 28. According to the well-established case-law of the Court, the transmission of television signals, including the transmission of such signals by cable television, constitutes, as such, a supply of services for the purposes of Article 49 EC (see, to that effect, Case 155/73 Sacchi [1974] ECR 409, paragraph 6; Case 52/79 Debauve and Others [1980] ECR 833, paragraph 8; Case C-23/93 TV10 [1994] ECR I‑4795, paragraph 13; and Case C-17/00 De Coster [2001] ECR I-9445, paragraph 28). | 36. The scheme of Regulation No 1408/71 shows that the concept of ‘social security benefit’ within the meaning of Article 4(1) and the concept of ‘special non-contributory benefit’ within the meaning of Article 4(2a) and (2b) of the regulation are mutually exclusive. A benefit which satisfies the conditions of a ‘social security benefit’ within the meaning of Article 4(1) of Regulation No 1408/71 therefore cannot be analysed as a ‘special non-contributory benefit’. | 0 |
7,785 | 31. Nor is it for the Court to examine whether the matter was brought before the national court in compliance with the rules on jurisdiction laid down by the Brussels Convention, unless the conditions for applying those rules are the actual subject of the reference for a preliminary ruling (see, to that effect, Case C-105/94 Celestini [1997] ECR I-2971, paragraph 20). | 68. With regard to the purpose of Directive 2001/44, it follows from the first three recitals in its preamble that it seeks to safeguard the ‘fiscal neutrality of the internal market’ and to protect the financial interests of both the Community and the Member States. | 0 |
7,786 | 40. In that regard, it is also appropriate to point out that, according to the Court’s settled case-law, the absence of a common organisation of the market in a particular agricultural sector is irrelevant to the application of Articles 28 EC and 29 EC to trade in that sector’s goods; the Court has held that such was particularly the case as regards the Member States which adhered to the Community by virtue of the 1972 Act of Accession (see, precisely in relation to the potato sector, Case 68/76 Commission v France [1977] ECR 515, paragraphs 17 to 21; Case 231/78 Commission v United Kingdom [1979] ECR 1447, paragraphs 12 to 18; and Case 288/83 Commission v Ireland [1985] ECR 1761, paragraph 23). | 59. Il convient de rappeler que la Cour a déjà jugé qu’il serait incompatible avec la directive 91/676 de restreindre la définition des «eaux atteintes par la pollution», au sens de l’article 3, paragraphe 1, de celle-ci, et la désignation des zones vulnérables, en application de l’article 3, paragraphe 2, de cette directive, aux cas dans lesquels les sources agricoles contribuent de manière exclusive à la pollution (voir arrêt Commission/Espagne, C‑416/02, EU:C:2005:511, point 69). | 0 |
7,787 | 22. En deuxième lieu, la Cour a jugé que les notes explicatives de la NC contribuent de façon importante à l’interprétation de la portée des différentes positions tarifaires, sans toutefois avoir force obligatoire de droit (arrêt Digitalnet e.a., C‑320/11, C‑330/11, C‑382/11 et C‑383/11, EU:C:2012:745, point 33 et jurisprudence citée). Dans la mesure où ces notes ont pour objet de faciliter l’interprétation de la NC aux fins du classement tarifaire, il convient de les interpréter de manière à assurer l’effet utile des sous-positions de la NC (voir arrêt Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, point 63). La teneur desdites notes doit dès lors être conforme aux dispositions de la NC et ne saurait en modifier la portée. S’il apparaît qu’elles sont contraires au libellé des positions de la NC et des notes de section ou de chapitre, les notes explicatives de la NC doivent être écartées (voir arrêt JVC France, EU:C:2008:324, point 34 et jurisprudence citée). | 59
Thus, in such circumstances, the concept of ‘place where the employee habitually carries out his work’ enshrined in Article 19(2)(a) of the Brussels I Regulation must be interpreted as referring to the place where, or from which, the employee in fact performs the essential part of his duties vis-à-vis his employer. | 0 |
7,788 | 35. In particular, the Court has found that fundamental European-Union rights could not be applied in relation to national legislation because the provisions of EU law in the area concerned did not impose any specific obligation on Member States with regard to the situation at issue in the main proceedings (see Case C‑144/95 Maurin EU:C:1996:235, paragraphs 11 and 12, and Siragusa EU:C:2014:126, paragraphs 26 and 27). | 18. Pursuant to that provision, eutrophication is characterised by the confluence of four criteria:
– the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus;
– the accelerated growth of algae and higher forms of plant life;
– an undesirable disturbance of the balance of organisms present in the water;
– deterioration of the quality of the water concerned. | 0 |
7,789 | 129. Furthermore, in order to take the view that the contested measures fell within the prohibition provided for in Article 4(c) CS, the Commission was not obliged to show that they had an effect on trade between Member States on or competition, as would be required, by contrast, under the EC Treaty (Joined Cases C-280/99 P to C-282/99 P Moccia Irme and Others v Commission [2001] ECR I-4717, paragraphs 32 and 33; Joined Cases C-74/00 P and C-75/00 P Falck and Acciaierie di Bolzano v Commission [2002] ECR I-7869, paragraph 102; and Case C‑5/01 Belgium v Commission , paragraph 75). | 88 In view of all the foregoing considerations, it must be held that the effect of the two tariff changes at issue is to favour Austrian hauliers by comparison with hauliers who are nationals of other Member States in so far as those tariff changes affect vehicles with more than three axles which follow the full itinerary of the Brenner motorway and which, for the most part, are not registered in Austria, in contrast to vehicles with more than three axles carrying out similar transport operations on certain partial itineraries, the great majority of which are registered in Austria. | 0 |
7,790 | 31. Moreover, it should be recalled that Articles 81 EC and 82 EC are a matter of public policy which must be automatically applied by national courts (see, to that effect, Case C-126/97 Eco Swiss [1999] ECR I-3055, paragraphs 39 and 40). | 60. The preceding arguments cannot be accepted. | 0 |
7,791 | 36
The General Court recalled, secondly, in paragraph 28 of the judgment under appeal, that the Court of Justice has held that failure by the Commission to comply with those time limits constituted an infringement of essential procedural requirements which was to be found by the European Union Court of its own motion (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 103 and the case-law cited, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 103 and the case-law cited). | 21 However, the situation from which the main proceedings have arisen concerns a national of a Member State who resides in that Member State and who holds all the shares in a company established in another Member State. A 100% holding in the capital of a company having its seat in another Member State undoubtedly brings such a taxpayer within the scope of application of the Treaty provisions on the right of establishment. | 0 |
7,792 | 32. First, before the initial period of three years expires, that provision seeks to enable family members to be with a migrant worker, with a view to thus furthering, by means of family reunification, the employment and residence of the Turkish worker who is already legally integrated in the host Member State (see, inter alia, Case C‑65/98 Eyüp [2000] ECR I‑4747, paragraph 26; Case C-467/02 Cetinkaya [2004] ECR I‑10895, paragraph 25; and Bozkurt , paragraph 33). | 39. The remuneration model applied by STIM takes account of the number of musical works protected by copyright actually broadcast, because, as is apparent from the order for reference, the amount of those royalties varies in accordance not only with the revenue of the television broadcasting companies but also with the amount of music broadcast. | 0 |
7,793 | 35 The Court considers that it is to be observed first of all that, according to its settled case-law, in order to establish, in particular in the sector of the common organisation of the agricultural markets, whether a provision of Community law complies with the principle of proportionality, it is necessary to ascertain whether the penalty exceeds what is appropriate and necessary to attain the objective pursued by the rules which have been breached (see Case C-118/89 Lingenfelser [1990] ECR I-2637, paragraph 12; Case C-319/90 Pressler [1992] ECR I-203, paragraph 12; and Case C-354/95 National Farmers' Union and Others [1997] ECR I-4559, paragraph 49). | 27
It should be noted in that regard that the mechanism at issue in the main proceedings required electricity suppliers to sell a quota of the electricity produced by cogeneration accounting for at least 15% of their annual electricity sales to end users. | 0 |
7,794 | 42. In addition, it must be noted that, in accordance with the rules of the EU and FEU Treaties, relating to the division of powers between the Commission and the Courts of the European Union, it is for the Commission, subject to review by the General Court and the Court of Justice, to ensure application of the principles laid down in Articles 81 EC and 82 EC (see, to that effect, in particular, judgment in Masterfoods and HB , C‑344/98, EU:C:2000:689, paragraph 46). | 33. Regulation No 1139/98 is thus intended to add further information to that which must already be mentioned on the labelling of certain foodstuffs under Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1979 L 33, p. 1), which was not designed as a measure for protection of the environment. | 0 |
7,795 | 59 However, as the United Kingdom Government and the Commission have correctly pointed out, under the Court's case-law a national authority's use of a public-policy derogation presupposes that there is a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see Joined Cases 115/81 and 116/81 Adoui and Cornuaille [1982] ECR 1665, paragraph 8, Case C-348/96 Calfa [1999] ECR I-11, paragraph 21, and, on the interpretation of the provisions adopted within the context of the association arrangements between the European Economic Community and Turkey, Case C-340/97 Nazli [2000] ECR I-957, paragraphs 56 to 61). | 403. The fact that an undertaking is not rewarded for cooperation which did not allow the Commission to establish an infringement with less difficulty and, where appropriate, to put an end to it cannot be classified as a sanction additional to the punishment consisting in recognition of an aggravating circumstance. | 0 |
7,796 | S’agissant de la forme juridique de l’acte à adopter, il y a lieu de relever qu’elle n’est pas nécessairement requise lors
de l’indication de la base juridique de cet acte. Ainsi que l’a fait valoir à juste titre le Conseil, de nombreuses dispositions
des traités, qui sont constitutives de bases juridiques, ne mentionnent pas la forme des actes juridiques qui peuvent être
adoptés. Par ailleurs, l’article 296 TFUE, selon lequel, « [l]orsque les traités ne prévoient pas le type d’acte à adopter,
les institutions le choisissent au cas par cas, dans le respect des procédures applicables et du principe de proportionnalité »,
prévoit expressément l’hypothèse dans laquelle les dispositions du traité FUE ne précisent pas la forme des actes susceptibles
d’être adoptés (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 18). | 68. However, it is clear from the documents in the file that the appellant received the documents concerned sufficiently in advance of the hearing, that is in October 2008 at the latest, to allow him to examine them and adopt a position on their content (see, to that effect judgment in Corus UK v Commission , C‑199/99 P, EU:C:2003:531, paragraph 21). | 0 |
7,797 | 22. On this point it ought to be recalled that the justification for the prohibition of customs duties and charges having equivalent effect is that any pecuniary charges imposed on goods by reason of the fact that they cross a frontier constitutes an obstacle to the movement of such goods (see, in particular, Joined Cases 2/69 and 3/69 Brachfeld and Chougol [1969] ECR 211, point 14, and Joined Cases C-363/93, C-407/93 to C-411/93 Lancry and Others [1994] ECR I-3957, paragraph 25). The very principle of a customs union, as provided for by Article 23 EC, requires the free movement of goods to be ensured within the union generally, not in trade between Member States alone, but more broadly throughout the territory of the customs union. If Articles 23 EC and 25 EC make express reference only to trade between Member States, that is because the framers of the Treaty took it for granted that there were no charges exhibiting the features of a customs duty in existence within the Member States. | 50. It follows that the illegality which vitiates paragraphs 17 and 18 of the contested decision in regard to the second sentence of Article 73 of Regulation No 40/94 cannot result in the annulment of that decision. | 0 |
7,798 | 30 As far as Directive 64/223 is concerned, the aim of that directive is the attainment, in the field of wholesale trade activities, of freedom of establishment, as guaranteed, with direct effect after the expiry of the transition period, by Article 52 of the Treaty (see the judgment in Case 198/86 Conradi and Others [1987] ECR 4469, paragraph 8). | 20 It follows that Regulation No 123/85 cannot be interpreted as prohibiting a trader who is outside the official distribution network for a given make of motor vehicle and is not an authorized intermediary within the meaning of that regulation from independently carrying on the business of marketing new vehicles of that make. | 0 |
7,799 | 21
Secondly, with regard to the similar handling of the actions, it must be borne in mind that every case in which the question arises as to whether a procedural rule of national law based on EU law is less favourable than those governing similar domestic actions, the national court must take into account the role played by that provision in the procedure as a whole, as well as the operation and any special features of that procedure before the different national courts (judgment of 1 December 1998, Levez, C‑326/96, EU:C:1998:577, paragraph 44 and the case-law cited). | 43. Indeed, the objective of sustaining and developing viable agriculture on the basis of social and land planning considerations entails keeping land intended for agriculture in such use and continuing to make use of it under appropriate conditions. In that context, prior supervision by the competent authorities does not merely reflect a need for information but is intended to ensure that the transfer of agricultural land will not lead to their ceasing to be used as intended or to a use which might be incompatible with their long-term agricultural use. | 0 |
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