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8,000 | 76. However, the exercise of that discretion is not excluded from review by the Court. The Court has consistently held that in the context of such a review the Community judicature must verify whether the relevant procedural rules have been complied with, whether the facts admitted by the Commission have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers (Case 98/78 Racke [1979] ECR 69, paragraph 5, and Case C‑16/90 Nölle [1991] ECR I‑5163, paragraph 12). | 31
That interpretation is, moreover, consistent with the objective, referred to in recital 5 of the Dublin III Regulation, of rapid processing of applications for international protection, in so far as the interpretation ensures, in the event of a delay in the take charge or take back procedure, that the examination of the application for international protection is carried out in the Member State where the applicant is, so as not to delay that examination further (see, by analogy, judgment of 26 July 2017, Mengesteab, C‑670/16, EU:C:2017:587, paragraph 54). | 0 |
8,001 | 39 The Court pointed out in Emerald Meats that the Community institutions had established a decentralized system of management based on a division of tasks and responsibilities as between the Member States and the Commission (see paragraphs 36 and 39). | 61. Il est de principe que les lois modificatives d’une disposition législative, telles que les règlements de modification du statut, s’appliquent, sauf dérogation, aux effets futurs des situations nées sous l’empire de la loi ancienne (voir, en ce sens, arrêt du 29 juin 1999, Butterfly Music, C‑60/98, Rec. p. I‑3939, point 24). | 0 |
8,002 | 56. It must be observed at the outset that the factors relevant to the determination of whether there is a risk to public policy within the meaning of Article 7(4) of Directive 2008/115 are not materially the same as those which are relevant to the assessment of whether there is a risk of absconding within the meaning of that provision, the concept of ‘risk of absconding’ being distinct from that of ‘risk to public policy’ (as regards the concept of ‘risk of absconding’ within the meaning of that provision, see, in particular, judgment in Mahdi , C‑146/14 PPU, EU:C:2014:1320, paragraphs 65 to 74). | 55 In Genius Holding the deductions which had been made initially by the plaintiff had therefore to be adjusted in accordance with Article 20(1)(a) of the Sixth Directive. | 0 |
8,003 | 95
As regards the persons liable, it should be noted to begin with that the EU legislature intended, since the entry into force of the Customs Code, to lay down exhaustively the conditions for determining who are the debtors responsible for a customs debt (judgment of 17 November 2011, Jestel, C‑454/10, EU:C:2011:752, paragraph 12 and the case-law cited). | 56 It is for the Member State concerned, unless it can show that action on its part would have consequences for public order with which it could not cope by using the means at its disposal, to adopt all appropriate measures to guarantee the full scope and effect of Community law so as to ensure its proper implementation in the interests of all economic operators. | 0 |
8,004 | 41 With regard to the complaint as thus clarified, it should be pointed out that in its judgment in Case 76/81 Transporoute v Minister of Public Works ([1982] ECR 417, paragraph 9) the Court has already stated that Directive 71/305 does not authorize the Member States to seek references other than those expressly mentioned in the directive except for the purpose of assessing the financial and economic standing of the contractors as provided for in Article 25 thereof. That finding applies by analogy to Directive 77/62, the relevant rules of which correspond in substance to those of Directive 71/305. | 9 THUS ARTICLE 27 STATES THAT THE AUTHORITY AWARDING CONTRACTS MAY INVITE THE CONTRACTOR TO SUPPLEMENT THE CERTIFICATES AND DOCUMENTS SUBMITTED ONLY WITHIN THE LIMITS OF ARTICLES 23 TO 26 OF THE DIRECTIVE , ACCORDING TO WHICH MEMBER STATES MAY REQUEST REFERENCES OTHER THAN THOSE EXPRESSLY MENTIONED IN THE DIRECTIVE ONLY FOR THE PURPOSE OF ASSESSING THE FINANCIAL AND ECONOMIC STANDING OF THE CONTRACTORS AS PROVIDED FOR IN ARTICLE 25 OF THE DIRECTIVE .
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8,005 | 20. Thus, according to the Court’s settled case-law, Member States may not, within the framework of the authorisation directive, levy any charges or fees in relation to the provision of networks and electronic communication services other than those provided for by that directive (judgment in Base Company , C‑346/13, EU:C:2015:649, paragraph 16; see also, to that effect, judgments in Vodafone España and France Telecom España , C‑55/11, C‑57/11 and C‑58/11, EU:C:2012:446, paragraphs 28 and 29, and Belgacom and Mobistar , C‑256/13 and C‑264/13, EU:C:2014:2149, paragraph 30). | 56. In this respect, it is clear that the wrongful removal of a child, following a decision taken unilaterally by one of the parents, more often than not deprives the child of the possibility of maintaining on a regular basis a personal relationship and direct contact with the other parent. | 0 |
8,006 | 46. En l’occurrence, il ressort du dossier soumis à la Cour que tous les éléments du litige au principal sont cantonnés à l’intérieur d’un seul État membre, à savoir la République italienne. Dès lors, il y a lieu de vérifier à titre liminaire si la Cour est compétente dans la présente affaire pour se prononcer sur la disposition du traité relative à la liberté d’établissement, à savoir l’article 49 TFUE (arrêt du 11 mars 2010, Attanasio Group, C‑384/08, Rec. p. I‑2055, point 22). | 41 The analysis, regarding full-time training, contained in the judgment in Carbonari and reviewed in paragraphs 33 to 39 of this judgment is entirely applicable to part-time training in specialised medicine. | 0 |
8,007 | 40
Second, such a finding requires a subjective element, namely that it must be apparent from a number of objective factors that the essential aim of the transactions concerned is to obtain an undue advantage. The prohibition of abuse is not relevant where the economic activity carried out may have some explanation other than the mere attainment of an advantage (see judgments of 21 February 2006 in Halifax and Others, C‑255/02, EU:C:2006:121, paragraph 75; of 22 December 2010 in Weald Leasing, C‑103/09, EU:C:2010:804, paragraph 30; and of 13 March 2014 in SICES and Others, C‑155/13, EU:C:2014:145, paragraph 33). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,008 | 60
As the Court has held on several occasions, it is compatible with EU law to lay down reasonable time limits for bringing proceedings in the interests of legal certainty, which protects both the individual and the administrative authority concerned (judgment of 17 November 2016, Stadt Wiener Neustad, C‑348/15, EU:C:2016:882, paragraph 41 and the case-law cited). | 23. À cet égard, il convient de rappeler qu’il ressort de l’article 3 de la directive 1999/74 que le législateur de l’Union a imposé aux États membres l’obligation de veiller à ce que les propriétaires ou les détenteurs de poules pondeuses appliquent les exigences spécifiques à chacun des systèmes d’élevage visés par cette directive. Les dispositions applicables aux cages non aménagées sont énoncées à l’article 5 de ladite directive, au rang desquelles figure l’obligation pour les États membres, prévue au paragraphe 2 de cet article, de veiller à ce que l’élevage dans les cages non aménagées soit interdit à compter du 1 er janvier 2012. | 0 |
8,009 | 19. Regarding the plea of inadmissibility based on the purported existence, in the national legal system, of effective remedies which, in any event, would permit Mr Târşia to seek redress, it is sufficient to note that it is solely for the national court, which, in the dispute in the main proceedings, is asking whether it is possible for it to revise a final judicial decision made in the course of civil proceedings, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to deliver its judgment and the relevance of the questions which it submits to the Court. Where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (see, to that effect, judgments in Transportes Urbanos y Servicios Generales , C‑118/08, EU:C:2010:39, paragraph 25, and Nicula , C‑331/13, EU:C:2014:2285, paragraph 21). | 60. Il en résulte que la succession ou la donation impliquant un ayant droit ou un donataire ou un de cujus qui ne réside pas sur le territoire espagnol, ou encore une donation ou une succession portant sur un bien immeuble situé en dehors du territoire espagnol ne pourra pas bénéficier de ces abattements fiscaux, si bien que la valeur de cette succession ou de cette donation sera diminuée. | 0 |
8,010 | 91. Third, the compensation paid cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit for discharging those obligations ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 92). | 47 First of all, it submits that the energy taxes at issue, which are of general application, are levied on the basis of objective criteria. The rebate rules form an integral part of the overall energy taxation system. Lastly, since the conditions to which the energy tax rebate is subject are directly determined by the legislature, the competent authorities may not exercise any discretion with regard to the choice of undertakings eligible for the rebate or alter its scope. | 0 |
8,011 | 22. To answer that question, it is necessary to take account of the wording of the provision on which a ruling on interpretation is sought, as well as the objectives and the scheme of the directive (see, to that effect, Joined Cases C‑283/94, C‑291/94 and C‑292/94 Denkavit and Others [1996] ECR I‑5063, paragraphs 24 and 26, and Case C‑375/98 Epson Europe [2000] ECR I‑4243, paragraphs 22 and 24). | 61. Thus, the plea in law raised by the FEG in support of its action before the Court of First Instance, and alleging a breach of the ‘reasonable time’ principle, is unfounded and must, accordingly, be rejected. | 0 |
8,012 | 54. It is from that point of view that the Court, for the purposes of settling the question whether various private law entities could be classified as bodies governed by public law, has proceeded in accordance with settled case-law and merely ascertained whether those entities fulfilled the three cumulative conditions set out in the second subparagraph of Article 1(b) of Directives 92/50, 93/36 and 93/37, considering that the method in which the entity concerned has been set up was irrelevant in that regard (see to this effect, in particular, Mannesmann Anglagenbau Austria and Others , cited above, paragraphs 6 and 29; Case C-360/96 BFI Holding [1998] ECR I-6821, paragraphs 61 and 62; and Commission v France , cited above, paragraphs 50 and 60). | 35. First, the existence of the link between the expenses borne by the non-resident taxpayer and his taxable income in the Member State concerned cannot be dependent on the nature of the income generated by the assets thus transferred. Although the income in the case that led to the judgment in Schröder (EU:C:2011:198) came from letting immovable property transferred by way of anticipated succession, while the income concerned in the present case comes from shares in a fruit and vegetable business, and although, as a consequence, that income comes under different categories of taxation, the end result is not that the link between the expenditure and the income at issue in the main proceedings has to be characterised differently, since the nature of that income is of no relevance in that respect. | 0 |
8,013 | 40. Since a tax such as the HIPA is therefore calculated on the basis of periodic turnover, it is not possible to determine the precise amount of that charge which may be being passed on to the client when each sale is effected or each service supplied, such that the condition that this amount should be proportional to the price charged by the taxable person is not satisfied (see, to that effect, Pelzl and Others , paragraph 25). | 38. The criterion of insurance chosen by the Netherlands legislation favours, in the majority of cases, persons resident in that Member State. Taxpayers who are not insured under that system are more often than not non-residents. | 0 |
8,014 | 15. Under Article 267 TFEU the Court has jurisdiction to give preliminary rulings concerning the interpretation of the Treaties and acts of the institutions of the Union. In the context of the cooperation between the Court and the national courts established by Article 267 TFEU, it is for the national courts alone to assess, in view of the special features of each case, both the necessity of a preliminary ruling in order to enable them to give their judgment and the relevance of the questions they put to the Court (see, to that effect, Case C‑310/10 Agafiţei and Others [2011] ECR I‑5989, paragraphs 24 and 25 and the case-law cited). | 62. S’agissant de l’argumentation développée à titre subsidiaire par la République fédérale d’Allemagne selon laquelle les mesures nationales faisant l’objet du recours sont compatibles avec les articles du traité relatifs à la libre circulation des marchandises, il suffit de rappeler que, lorsqu’un domaine a fait l’objet d’une harmonisation exhaustive au niveau de l’Union, comme cela est le cas s’agissant des produits en cause, toute mesure nationale y relative doit être appréciée au regard des dispositions de cette mesure d’harmonisation et non pas de celles du droit primaire (arrêt Commission/France, C‑216/11, EU:C:2013:162, point 27 et jurisprudence citée). | 0 |
8,015 | 21. It should also be noted that this principle does not require the transactions to be identical. According to settled case-law the principle also precludes treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (see, inter alia, Case C-109/02 Commission v Germany [2003] ECR I-12691, paragraph 20; Joined Cases C-453/02 and C‑462/02 Linneweber and Akritidis [2005] ECR I-1131, paragraph 24; Case C‑498/03 Kingscrest, Associates and Montecello [2005] ECR I-4427, paragraph 54; Case C-106/05 L.u.p. [2006] ECR I-5123, paragraph 32; Case C-246/04 Turn- und Sportunion Waldburg [2006] ECR I-589, paragraph 33; Joined Cases C‑443/04 and C-444/04 Solleveld and van den Hout-van Eijnsbergen [2006] ECR I‑3617, paragraph 39; and Claverhouse , paragraph 46). | 11 IN THIS REGARD , IT SHOULD BE STATED FIRST THAT THE REGULATION IN QUESTION IS INTENDED TO PROVIDE A BODY OF RULES COVERING THE POST-CLEARANCE RECOVERY OF IMPORT AND EXPORT DUTIES , RESULTING FROM THE APPLICATION OF THE COMMON AGRICULTURAL POLICY OR FROM THE PROVISIONS OF THE TREATY ON THE CUSTOMS UNION . REPLACING THE RELEVANT NATIONAL PROVISIONS WITH COMMUNITY PROVISIONS , THAT REGULATION CONTAINS BOTH PROCEDURAL AND SUBSTANTIVE RULES WHICH FORM AN INDIVISIBLE WHOLE AND THE INDIVIDUAL PROVISIONS OF WHICH MAY NOT BE CONSIDERED IN ISOLATION , WITH REGARD TO THE TIME AT WHICH THEY TAKE EFFECT .
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8,016 | 100
Moreover, the Court has consistently held that national legislation which constitutes a measure having equivalent effect to quantitative restrictions may nonetheless be justified on one of the public interest grounds listed in Article 30 EC or by overriding requirements. In either case, the national provision must, in accordance with the principle of proportionality, be appropriate for ensuring attainment of the objective pursued and must not go beyond what is necessary in order to attain that objective (see, in particular, judgment of 1 July 2014, Ålands Vindkraft, C‑573/12, EU:C:2014:2037, paragraph 76 and the case-law cited). | 42 The absence of any direct link between the contributions paid and the benefits granted thus entails solidarity between better paid workers and those who, given their low earnings, would be deprived of proper social cover if such a link existed. | 0 |
8,017 | 26. It follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts or tribunals referred to in the third paragraph have the same discretion as any other national court or tribunal to ascertain whether a decision on a question of European Union law is necessary to enable them to give judgment. Accordingly, those courts or tribunals are not obliged to refer to the Court of justice a question concerning the interpretation of European Union law raised before them if that question is not relevant, that is to say, if the answer to that question, regardless of what it may be, can in no way affect the outcome of the case (Case 283/81 Cilfit and Others [1982] ECR 3415, paragraph 10). | 26 The purpose of that directive is to lay down various rules for the carrying out of physical inspections of goods and the completion of the required administrative formalities upon crossing a frontier with a view, according to its preamble, to reducing the waiting time at frontiers and ensuring a smoother flow of goods traffic between Member States . | 0 |
8,018 | 52. According to settled case-law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C-108/09 Ker-Optika [2010] ECR I-0000, paragraph 47). | 47. According to settled case-law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions and are, on that basis, prohibited by Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C‑110/05 Commission v Italy [2009] ECR I‑519, paragraph 33). | 1 |
8,019 | 56. Furthermore, the calculation of the limitation period cannot, in accordance with the case‑law cited in paragraph 36 of the present judgment, be based on criteria which are anything other than strictly objective nor, as the General Court has rightly pointed out, can that calculation differ according to whether the interruption of that period is caused by the bringing of an action or the making of a prior application. Application of the extension on account of distance to the limitation period would have the consequence that limitation would occur at the end of a different period depending on whether the aggrieved party has chosen to bring the matter directly before the General Court or to make a prior application to the competent European Union institution, something which would be at variance with the requirement of legal certainty necessary for the application of limitation periods ( Commission v Cantina sociale di Dolianova and Others , paragraph 60). | 20. Inasmuch as a citizen of the Union must be granted in all Member States the same treatment in law as that accorded to nationals of those Member States who find themselves in the same situation, it would be incompatible with the right to freedom of movement were a citizen to receive in the Member State of which he is a national treatment less favourable than he would enjoy if he had not availed himself of the opportunities offered by the Treaty in relation to freedom of movement (see Case C-224/98 D’Hoop [2002] ECR I-6191, paragraph 30, and Pusa , paragraph 18). | 0 |
8,020 | 45. In the present case, since the tax regime arising under the Franco‑Netherlands Convention forms part of the legal framework applying to the main proceedings and has been presented as such by the national court, the Court of Justice must take it into account in order to provide an interpretation of Community law that is relevant to the national court (see, to that effect, Case C-319/02 Manninen [2004] ECR I‑7477, paragraph 21; Bouanich , paragraph 51; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 71). | 129. It is settled case-law that, in the context of proceedings under Article 226 EC, the existence of a failure to fulfil obligations must be assessed in the light of the European Union legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see, inter alia, Case C‑365/97 Commission v Italy [1999] ECR I‑7773, paragraph 32; Case C‑275/04 Commission v Belgium [2006] ECR I‑9883, paragraph 34; and Case C‑270/07 Commission v Germany [2009] ECR I‑1983, paragraph 49). | 0 |
8,021 | 55. In that regard, according to settled case-law, the prohibition on discrimination is not concerned with any disparities in treatment which may result, between the Member States, from divergences existing between the legislation of the various Member States so long as that legislation affects equally all persons subject to it (see, to that effect, Joined Cases 185/78 to 204/78 Van Dam and Others [1979] ECR 2345, paragraph 10; Case C-177/94 Perfilli [1996] ECR I‑161, paragraph 17; and Case C-403/03 Schempp [2005] ECR I-6421, paragraph 34). | 39. The first subparagraph of Article 8(1) of Directive 91/414 sets out the requirements which must be satisfied in order to obtain a provisional MA, to be granted for a period not exceeding, in principle, three years, for a plant protection product which contains a new active substance. | 0 |
8,022 | 24. As a preliminary point, it must be borne in mind that Regulation No 1782/2003 establishes, inter alia, pursuant to Article 1 thereof, common rules on the subject of direct payments under financial support schemes relating to the CAP, income aid to farmers (single payment scheme) and simplified and transitory income aid for farmers of the new Member States which acceded to the European Union in 2004 and 2007, listed in Article 2(g) of that regulation (‘the new Member States’), (single area payment scheme). In accordance with Articles 143a and 143b of that regulation, direct payments or, if appropriate, the single area payment scheme are to be progressively introduced in the new Member States (see, to that effect, judgment in Bábolna , C‑115/10, EU:C:2011:376, paragraphs 33 and 34, and order in Brunovskis , C‑650/11, EU:C:2013:7, paragraph 15). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,023 | 23. It is settled case-law that, where capital goods are used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating those goods wholly to the assets of his business, (ii) retaining them wholly within his private assets, thereby excluding them entirely from the system of VAT, or (iii) integrating them into his business only to the extent to which they are actually used for business purposes (see, to that effect, in particular, Armbrecht , paragraph 20; Bakcsi , paragraphs 25 and 26; Seeling , paragraph 40; and Case C-25/03 HE [2005] ECR I-0000, paragraph 46). | 50
Moreover, in order for EU competition rules to apply to the legislation at issue in the main proceedings, it is necessary for that legislation to be capable of restricting competition within the internal market (see, by analogy, judgment of 4 September 2014, API and Others, C‑184/13 to C‑187/13, C‑194/13, C‑195/13 and C‑208/13, EU:C:2014:2147, paragraph 42). | 0 |
8,024 | 51 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). | 80. Le fait que le Tribunal est, sur le fond, parvenu à une autre conclusion que le requérant ne saurait en soi entacher l’arrêt attaqué d’un défaut de motivation. | 0 |
8,025 | 33
Consequently, just as such a declaratory character means that a citizen’s residence may not be regarded as illegal, within the meaning of European Union law, solely on the ground that he does not hold a residence permit, it precludes a Union citizen’s residence from being regarded as legal, within the meaning of European Union law, solely on the ground that such a permit was validly issued to him (judgment of 21 July 2011, Dias, C‑325/09, EU:C:2011:498, paragraph 54). | 54. However, as has been pointed out in paragraphs 48 to 52 of the present judgment, the declaratory character of residence permits means that those permits merely certify that a right already exists. Consequently, just as such a declaratory character means that a citizen’s residence may not be regarded as illegal, within the meaning of European Union law, solely on the ground that he does not hold a residence permit, it precludes a Union citizen’s residence from being regarded as legal, within the meaning of European Union law, solely on the ground that such a permit was validly issued to him. | 1 |
8,026 | 117
According to settled case-law, an infringement of Article 101(1) TFEU can result not only from an isolated act, but also from a series of acts or from continuous conduct, even if one or more aspects of that series of acts or continuous conduct could also, in themselves and taken in isolation, constitute an infringement of that provision. Accordingly, if the different actions form part of an ‘overall plan’ because their identical object distorts competition within the internal market, the Commission is entitled to impute responsibility for those actions on the basis of participation in the infringement considered as a whole (see, to that effect, judgment of 24 June 2015, Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce , C‑293/13 P and C‑294/13 P, EU:C:2015:416, paragraph 156 and the case-law cited). | 29. In order to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State, Directive 90/435 aims to avoid, in economic terms, double taxation of profits, in other words, to avoid taxation of distributed profits, first, in the hands of the subsidiary and, then, in the hands of the parent company (see, to that effect, Banque Fédérative du Crédit Mutuel , paragraphs 24 and 27). | 0 |
8,027 | 16. Moreover, neither the sui generis nature of the employment relationship under national law, nor the level of productivity of the person concerned, the origin of the funds from which the remuneration is paid or the limited amount of the remuneration can have any consequence in regard to whether or not the person is a worker for the purposes of Community law (see Case 53/81 Levin [1982] ECR 1035, paragraph 16; Case 344/87 Bettray [1989] ECR 1621, paragraphs 15 and 16; and Case C-188/00 Kurz [2002] ECR I-10691, paragraph 32). | 79. Toutefois, dès lors qu’un requérant conteste l’interprétation ou l’application du droit de l’Union faite par le Tribunal, les points de droit examinés en première instance peuvent à nouveau être discutés au cours d’un pourvoi. En effet, si un requérant ne pouvait fonder de la sorte son pourvoi sur des moyens et arguments déjà utilisés devant le Tribunal, la procédure de pourvoi serait privée d’une partie de son sens (voir ordonnance du 11 novembre 2003, Martinez/Parlement européen, C‑488/01 P, Rec. p. I‑13355, point 39, et arrêt du 23 avril 2009, AEPI/Commission, C‑425/07 P, Rec. p. I‑3205, point 24). | 0 |
8,028 | 25
In the second place, it should be pointed out that a possible error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,029 | 23. Such an intention will normally be gathered from an express statement of that consent (see, to that effect, Zino Davidoff and Levi Strauss , paragraph 46, and Copad , paragraph 42). However, the requirements deriving from the protection of the free movement of goods, enshrined, inter alia, in Articles 28 EC and 30 EC, have led the Court to hold that such a rule can be qualified. | 44. It is also the Court’s case-law that Member States may, under certain conditions, apply the private copying levy indiscriminately with regard to recording media suitable for reproduction, including where the final use of such media does not meet the criteria set out in Article 5(2)(b) of Regulation No 2001/29 (see, to that effect, judgment in Amazon.com International Sales and Others , EU:C:2013:515, paragraph 31). | 0 |
8,030 | 39. On the other hand, the purpose of Article 22(1)(c)(i) of Regulation No 1408/71 is to confer a right to the benefits in kind provided, on behalf of the competent institution, by the institution of the place where the insured person is staying, in accordance with the provisions of the legislation of the Member State in which the benefits are provided as if the person concerned were registered with that institution (see, to that effect, Case C‑120/95 Decker [1998] ECR I‑1831, paragraphs 28 and 29; Case C‑158/96 Kohll [1998] ECR I‑1931, paragraphs 26 and 27; Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraphs 32 and 36; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraphs 19 and 20; and Watts , paragraph 48). The sole purpose of the second subparagraph of Article 22(2) of Regulation No 1408/71 is to identify the circumstances in which the competent national institution is precluded from refusing authorisation sought on the basis of Article 22(1)(c) (see, to that effect, Vanbraekel and Others , paragraph 31). | 79. With regard to the possibility of extrapolation to other regions of Portugal, the Court has already held that extrapolation of data is not prohibited in principle (see Case C-344/01 Germany v Commission [2004] ECR I-0000, paragraph 61). Such extrapolation must, however, always be justified by the evidence. In the present case, the fact that Alentejo constitutes the main cattle breeding region justifies that extrapolation. | 0 |
8,031 | 43. As well as other amendments, the Treaty of Lisbon, under the fourth paragraph of Article 263 TFEU, relaxed the conditions of admissibility of actions for annulment brought by natural and legal persons against acts of the European Union by adding a third limb to that provision. Since the effect of that limb is that the admissibility of actions for annulment brought by natural and legal persons is not subject to the condition of individual concern, it also makes possible legal actions against regulatory acts which do not entail implementing measures and are of direct concern to the applicant (see, to that effect, Case C‑583/11 P Inuit Tapiriit Kanatami and Others v Parliament and Council [2013] ECR, paragraph 57). | 24. Finally, the purchasers entered into two ‘real estate savings’ agreements with the Bank, each covering half of the amount borrowed. It was agreed that the loan would be redeemed only with the maturity of the first real estate savings agreement. The loan agreement contained no information regarding the right of cancellation within the meaning of the HWiG. | 0 |
8,032 | 23. In Commission v Italy , the Court held that the principle of freedom to set premiums was infringed by rate-freezing rules affecting both the fixing and the altering of the rates for insurance policies covering third-party liability arising from the use of motor vehicles in relation to risks situated within Italy ( Commission v Italy , paragraphs 32 and 48). | 41. Par conséquent, ce contrôle ne saurait être validé sur le fondement de la directive 96/96, puisque, contrairement à ce qui est énoncé à l’article 3, paragraphe 2, de celle-ci, il n’intègre pas le principe de reconnaissance des documents émis par les autres États membres attestant qu’un contrôle technique a été passé avec succès (voir, par analogie, arrêt Commission/Pays-Bas, précité, point 70). | 0 |
8,033 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 188. In those circumstances, and given the requirements of unity of the European Union legal order and its coherence, the concepts used by that body of directives must have the same meaning, unless the European Union legislature has, in a specific legislative context, expressed a different intention. | 0 |
8,034 | 33. Unlike Article 5(1) of the directive, Article 5(2) does not require Member States to provide in their national law for the protection to which it refers, but merely permits them to provide such protection (Case C‑292/00 Davidoff [2003] ECR I‑389, paragraph 18). However, subject to verification by the referring court, the questions submitted by the Bundesgerichtshof (Germany) and examined by the Court in Davidoff seem to imply that the German legislature has implemented the provisions of Article 5(2) of the directive. | 37. En effet, dans une situation où l’État membre n’a pas communiqué les intérêts protégés par les mesures nationales qu’il a prises, il est inévitable que la Commission examine si lesdites mesures sont justifiées par l’un des intérêts prévus à l’article 21, paragraphe 4, deuxième alinéa, du règlement sur les concentrations (arrêt du 22 juin 2004, Portugal/Commission, C-42/01, Rec. p. I-6079, point 59). | 0 |
8,035 | 17 That argument based on discrimination between producers in the Community cannot be accepted any more than it was accepted in the judgments in Erpelding, Leukhardt and Kuehn (at paragraphs 30, 19 and 18, respectively). | 32. Any diverging decisions could not, therefore, be treated as contradictory. | 0 |
8,036 | 74. However, a belated accounting for of VAT cannot, per se, be equated with evasion, which presupposes, first, that the transaction concerned, notwithstanding compliance with the conditions laid down by the relevant provisions of the VAT Directive and the national legislation transposing it, results in the accrual of a tax advantage the grant of which would be contrary to the purpose of those provisions and, secondly, that it is apparent from a number of objective factors that the essential aim of the transaction concerned is to obtain a tax advantage (see, to that effect, Case C-255/02 Halifax and Others [2006] ECR I-609, paragraphs 74 and 75, and Klub , paragraph 49). | 120
In that regard, the Court has held that the activity of authentication entrusted to notaries does not, of itself, involve a direct and specific connection with the exercise of official authority within the meaning of the first paragraph of Article 51 TFEU (see, by analogy, inter alia, judgment of 24 May 2011, Commission v Belgium, C‑47/08, EU:C:2011:334, paragraph 92). | 0 |
8,037 | 57 The reasoning which led the Court to hold that, as Community law stands, Articles 12 and 13 of Decision No 3/80 do not have direct effect, must apply by analogy to all the other provisions of that decision which require additional measures for their application in practice. That reasoning cannot, however, be transposed to the principle of equal treatment in the field of social security, embodied in Article 3(1) of that decision. | 27. In addition, under the seventh recital in the preamble to the Directive, the protection of the exclusive rental rights of the producers of phonograms and films is justified on the grounds of the necessity to safeguard the recoupment of extremely high and risky investments which are required for their production and which are essential if authors are to go on creating new works (see, in particular, as regards specifically the producers of phonograms, Metronome Musik , paragraph 24). | 0 |
8,038 | 14 It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the customs classification of goods must generally be their objective characteristics and properties, as defined by the wording of the headings of the Combined Nomenclature and the notes to the sections or chapters (Case C-164/95 Fábrica de Queijo Eru Portuguesa v Alfândega de Lisboa [1997] ECR I-3441, paragraph 13). There are also explanatory notes drawn up, so far as the Combined Nomenclature is concerned, by the European Commission, which may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (Joined Cases C-106/94 and C-139/94 Colin and Dupré [1995] ECR I-4759, paragraph 21, and Case C-201/96 LTM [1997] ECR I-0000, paragraph 17). | 17 It is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN (see, with regard to the CCT, Case C-459/93 Hauptzollamt Hamburg-St Annen v Thyssen Haniel Logistic [1995] ECR I-1381, paragraph 8, and Joined Cases C-106/94 and C-139/94 Colin and Dupré [1995] ECR I-4759, paragraph 22). There are also explanatory notes drawn up, as regards the CN, by the European Commission and, as regards the Harmonized Commodity Description and Coding System, by the Customs Cooperation Council, which may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (Case C-35/93 Develop Dr Eisbein v Hauptzollamt Stuttgart-West [1994] ECR I-2655, paragraph 21, and Colin and Dupré, cited above, paragraph 21). | 1 |
8,039 | 48. However, where national legislation falling within an area which has not been harmonised at European Union level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets an overriding requirement in the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which it is established, and in so far as it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see judgments in Commission v Luxembourg , EU:C:2004:655, paragraph 21; Commission v Germany, EU:C:2006:49, paragraph 31; and Commission v Austria , EU:C:2006:595, paragraph 37). | 57. First, it must be borne in mind that the Commission’s impact assessment was not binding on either the Parliament or the Council. | 0 |
8,040 | 67 The Court has thus held that a Member State may, without infringing Article 86 of the Treaty, grant exclusive rights to certain undertakings provided they do not abuse their dominant position or are not led necessarily to commit an abuse (see Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 41). | 26. Il y a lieu, à titre liminaire, de rappeler que la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité et cette conséquence ne saurait dépendre de la forme dans laquelle l’aide a été octroyée (arrêt du 14 avril 2011, Commission/Pologne, C‑331/09, non encore publié au Recueil, point 54 et jurisprudence citée). | 0 |
8,041 | 37
Although the principle of equal treatment and the obligation of transparency must be guaranteed even in regard to specific public contracts, this does not mean that the particular aspects of those contracts cannot be taken into account. That legal imperative and that practical necessity are reconciled, first, through strict compliance with the conditions of a contract as they were laid down in the contract documents up to the end of the implementation phase of that contract, but also, second, through the possibility of making express provision, in those documents, for the option for the contracting authority to adjust certain conditions, even material ones, of that contract after it has been awarded. By expressly providing for that option and setting the rules for the application thereof in those documents, the contracting authority ensures that all economic operators interested in participating in the procurement procedure are aware of that possibility from the outset and are therefore on an equal footing when formulating their respective tenders (see, by analogy, judgment of 29 April 2004, Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraphs 112, 115, 117 and 118). | 28. It is clear from the order for reference that Catherine has both sickness insurance and sufficient resources, provided by her mother, for her not to become a burden on the social assistance system of the host Member State. | 0 |
8,042 | 27. Since Ireland and the United Kingdom do not take part in all the provisions of the Schengen acquis , they are in a special situation, which the Schengen Protocol took into account in two respects (see, to that effect, judgment in United Kingdom v Council , C‑77/05, EU:C:2007:803, paragraph 57). | 26. Directive 96/71 seeks to coordinate the substantive national rules on the terms and conditions of employment of posted workers, independently of the ancillary administrative rules designed to enable compliance with those terms and conditions to be monitored. | 0 |
8,043 | 41
Thus, in a context such as that in the case in the main proceedings, Article 49 TFEU, read in conjunction with Article 54 TFEU, cannot have the effect of requiring the Member State of residence of a parent company which has granted a loan to a subsidiary resident in another Member State, to go beyond according a tax exemption to that parent company for the amount of interest expenditure which could not be deducted by the subsidiary if the thin capitalisation rules of the first Member State were to be applied. Accordingly, those articles cannot have the effect of requiring the Member State of residence of that parent company to grant that company a tax exemption for a higher amount originating from the tax system of another Member State, if the first Member State is not to see its fiscal autonomy limited by the exercise of fiscal power of the other Member State (see, by analogy, judgment of 30 June 2011, Meilicke and Others, C‑262/09, EU:C:2011:438, paragraph 33 and the case-law cited). | 13 It was in order to comply with the Barber judgment that the occupational scheme concerned in the main proceedings adopted the measure now in dispute. In order to do so, it opted for one of the two possible ways of achieving equal treatment: instead of granting men the same advantage as that enjoyed by women and thus lowering their retirement age to that for women, the scheme raised the retirement age for women to that for men, even for the past, including the period prior to the Barber judgment, and as a result the position of women was made less favourable. | 0 |
8,044 | 21. As regards the scope of the general reference made by Article 1 of Regulation No 615/98 to Directive 91/628, the Court has held that the purpose of that article is to ensure, for the application of Article 13(9) of Regulation No 805/68, compliance with the relevant provisions of that directive on the welfare of live animals and, in particular, the protection of animals during transport (see, to that effect, Viamex Agrar Handel and ZVK , paragraph 19). | 49. À cet égard, la Cour a notamment jugé que, s’agissant du montant des droits en matière de donation ou de succession dus au titre d’un bien immeuble situé en Allemagne, il n’existe aucune différence objective justifiant une inégalité de traitement fiscal entre, respectivement, la situation de personnes dont aucune ne réside dans cet État membre et celle dans laquelle l’une au moins de ces dernières réside dans ledit État. En effet, le montant de tels droits afférents à un immeuble situé en Allemagne est calculé, en application de l’ErbStG, en fonction à la fois de la valeur de ce bien immeuble et du lien personnel existant entre le donateur ou le défunt et le bénéficiaire. Or, ni l’un ni l’autre de ces deux critères ne dépend du lieu de résidence de ceux-ci (voir, par analogie, arrêt Welte, EU:C:2013:662, point 49 et jurisprudence citée). | 0 |
8,045 | 28. Thus it is apparent from the case-law of the Court that the objective of reducing the cost of medical care and making that care more accessible to individuals is common to both the exemption provided for in Article 13A(1)(b) of the Sixth Directive and that in letter (c) of the same provision (see Case C‑76/99 Commission v France [2001] ECR I‑249, paragraph 23; Kügler , paragraph 29; and Dornier , paragraph 43). It must also be borne in mind that the principle of fiscal neutrality precludes, inter alia, economic operators carrying on the same activities from being treated differently as far as the levying of VAT is concerned (see Kügler , paragraph 30, and Dornier , paragraph 44). | 77 Since VAT was not levied on the tolls collected as consideration for the use of certain roads in the United Kingdom, the corresponding amounts were not taken into account in determining the VAT own resources base, with the result that the United Kingdom has thereby also breached the rules relating to the system of the Community's own resources. | 0 |
8,046 | 32
Finally, even though the provisions of Regulation No 1215/2012 must be interpreted in the light of the objectives of that regulation and the system which it establishes (see, to that effect, judgment of 16 January 2014, Kainz, C‑45/13, EU:C:2014:7, paragraph 19), it is necessary to take into account the objective of consistency in application, particularly in regard to Regulation No 1215/2012 and the Rome I Regulation (see, to that effect, judgment of 21 January 2016, ERGO Insurance and Gjensidige Baltic, C‑359/14 and C‑475/14, EU:C:2016:40, paragraph 43). An interpretation to the effect that a recourse action, such as that at issue in the main proceedings, must be regarded as being covered by the concept of ‘matters relating to a contract’, within the meaning of Regulation No 1215/2012, is also consistent with that objective of consistency. Indeed, Article 16 of the Rome I Regulation expressly links the relationship between a number of debtors to that between the debtor and the creditor. | 15. According to settled case-law, questions on the interpretation of Community 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 by a national court only where it is quite obvious that the interpretation of Community 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 (Joined Cases C-222/05 to C-225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 22 and case-law cited). | 0 |
8,047 | 58. It follows that only those acts of the European Union with a specific link to international trade are capable of falling within the field of the common commercial policy (see, to that effect, Daiichi Sankyo and Sanofi-Aventis Deutschland , paragraph 52). | 45. First of all, it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion (see, inter alia, Case C-168/03 Commission v Spain [2004] ECR I-8227, paragraph 24, and Case C-23/05 Commission v Luxembourg [2005] ECR I-9535, paragraph 9). Thus, the national legislative process after that period has ended cannot be included in the Court’s examination. | 0 |
8,048 | 27. Secondly, the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, Case 358/97 Commission v Ireland [2000] ECR I‑6301, paragraph 52; Case C‑150/99 Stockholm Lindöpark [2001] ECR I‑493, paragraph 25; and Sinclair Collis , paragraph 23). | 46. Moreover, the Romanian Government was entitled to take the view that the depreciation criteria relating to the condition of the vehicle and its equipment can be correctly applied only by having recourse to an individual inspection of the vehicle by an expert, and that, to prevent inspections from taking place too often and thereby imposing an administrative and financial burden on the system, the taxpayer should be required to bear the cost of the inspection. | 0 |
8,049 | 32. However, the special rule on jurisdiction provided for in Article 6(1) of Regulation No 44/2001 cannot be interpreted in such a way as to allow a plaintiff to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (see, in relation to the Brussels Convention, Case 189/87 Kalfelis [1988] ECR 5565, paragraphs 8 and 9, and Réunion européenne and Others , paragraph 47). However, this does not seem to be the case in the main proceedings. | 76. As regards the purported justification for the legislation at issue relating to the public interest in preserving the balanced allocation between the Member States of powers of taxation, it should be recalled that this is a legitimate objective recognised by the Court (see, to that effect, Marks & Spencer , paragraph 45; N , paragraph 42; Case C-231/05 Oy AA [2007] ECR I-6373, paragraph 51; Case C-414/06 Lidl Belgium [2008] ECR I-3601, paragraph 31; and National Grid Indus , paragraph 45). | 0 |
8,050 | 65. Il y a lieu de rappeler que la Cour a déjà admis que la nécessité de préserver la cohérence d’un régime fiscal peut justifier une restriction à l’exercice des libertés de circulation garanties par le traité (arrêts du 28 janvier 1992, Bachmann, C‑204/90, Rec. p. I‑249, point 21; du 7 septembre 2004, Manninen, C‑319/02, Rec. p. I‑7477, point 42; Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 43; du 1 er décembre 2011, Commission/Belgique, C‑250/08, Rec; p. I‑12341, point 70; du 1 er décembre 2011, Commission/Hongrie, C‑253/09, Rec. p. I‑12391, point 71, ainsi que du 13 novembre 2012, Test Claimants in the FII Group Litigation, C‑35/11, point 57). | 70 MOREOVER THE ONLY EFFECTIVE COMPETITION, WHICH THESE REGULATIONS, AT LEAST OSTENSIBLY, ALLOWED TO REMAIN, NAMELY COMPETITION RELATING TO THE AMOUNTS OF THE 'SOVRAPREZZO' TO BE TENDERED FOR THE PURPOSES OF THE ADJUDICATIONS TO TENDER, WAS LIKELY TO INCREASE A NOT INCONSIDERABLE ITEM OF THE COST PRICE OF ANY PURCHASER AND, CONSEQUENTLY, THE PRICES APPLIED WHEN THE SUGAR AWARDED IS RESOLD, WHEREAS THE PROVISIONS OF THE TREATY RELATING TO COMPETITION ARE ON THE CONTRARY DESIGNED, INTER ALIA, TO PREVENT CARTELS ALLOWING ITS MEMBERS TO APPLY UNJUSTIFIED PRICES . | 0 |
8,051 | 18. The first part of the second plea and the fourth plea put forward in the present case are identical to the first part of the second plea and the fourth plea in Case C-293/00 Netherlands v Commission [2003] ECR I-12775, in which judgment has been given today. As those pleas were rejected in that case (see paragraphs 20 to 30), and in the absence of any new arguments on the part of the Netherlands Government as regards the present case, those pleas must be rejected on the same grounds.
First plea and second part of the second plea
Arguments of the parties | 39 Provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned (Case C-10/90 Masgio v Bundesknappschaft [1991] ECR I-1119, paragraphs 18 and 19, and Bosman, cited above, paragraph 96). | 0 |
8,052 | 59
However, in accordance with the settled case-law of the Court, the rules of secondary EU law, including the provisions of the Dublin III Regulation, must be interpreted and applied in a manner consistent with the fundamental rights guaranteed by the Charter (see, by analogy, as regards the Dublin II Regulation, judgment of 21 December 2011, N. S. and Others, C‑411/10 and C‑493/10, EU:C:2011:865, paragraphs 77 and 99). The prohibition of inhuman or degrading treatment or punishment, laid down in Article 4 of the Charter, is, in that regard, of fundamental importance, to the extent that it is absolute in that it is closely linked to respect for human dignity, which is the subject of Article 1 of the Charter (see, to that effect, judgment of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraphs 85 and 86). | 41. Nevertheless, the purpose of Directive 89/104 is generally to strike a balance between the interest which the proprietor of a trade mark has in safeguarding its essential function, on the one hand, and the interests of other economic operators in having signs capable of denoting their products and services, on the other (Case C‑145/05 Levi Strauss [2006] ECR I‑3703, paragraph 29). | 0 |
8,053 | 25 However, the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (see, in particular, Case C-283/90 P Vidrányi v Commission [1991] ECR I-4339, paragraph 29; Case C-188/96 P Commission v V [1997] ECR I-6561, paragraph 24, and Case C-401/96 P Somaco v Commission [1998] ECR I-2587, paragraph 53).
The pleas alleging procedural irregularities
Breach of the principle that proceedings must be disposed of within a reasonable time | 44. Dès lors, le Tribunal n’a pas commis d’erreur de droit en jugeant, au point 132 de l’arrêt attaqué, s’agissant de l’argument tiré de ce que Bolloré n’aurait pas eu à répondre, dans la première procédure administrative, des agissements de Copigraph, que, en raison de l’unité économique formée par ces sociétés, ces agissements étaient tout autant ceux de Bolloré, cette dernière étant mise en cause pour une infraction qu’elle était censée avoir commise elle-même. En effet, par cette constatation, le Tribunal confirmait l’imputabilité de l’infraction à Bolloré en raison de sa responsabilité, en tant que société détentrice de 100 % du capital de Copigraph, pour la participation de cette dernière à l’entente. | 0 |
8,054 | 58
In that regard, it should be borne in mind that the framework agreement does not specify the conditions under which employment contracts of indefinite duration may be used and is not intended to harmonise all national rules relating to fixed-term employment contracts. That framework agreement simply aims, by determining general principles and minimum requirements, to establish a general framework for ensuring equal treatment for fixed-term workers by protecting them against discrimination and to prevent abuse arising from the use of successive fixed-term work agreements or contracts (judgment of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 63 and the case-law cited, and order of 7 March 2013, Bertazzi and Others, C‑393/11, not published, EU:C:2013:143, paragraph 48). | 125 It follows that, since the entry into force of Regulation No 2409/92, the Federal Republic of Germany has no longer been entitled to enter on its own into international commitments concerning the fares and rates to be charged by carriers of non-member countries on intra-Community routes. | 0 |
8,055 | 73. If examination of a measure reveals that it pursues a twofold aim or that it has a twofold component and if one of those is identifiable as the main one, whereas the other is merely incidental, the measure must be based on a single legal basis, namely that required by the main aim or component (see, to that effect, Case C-211/01 Commission v Council [2003] ECR I-8913, paragraph 39; Case C‑338/01 Commission v Council [2004] ECR I-4829, paragraph 55, and Case C‑94/03 Commission v Council [2006] ECR I‑1, paragraph 35; and see, with regard to the application of Article 47 EU, Case C-176/03 Commission v Council , paragraphs 51 to 53, and Case C-440/05 Commission v Council , paragraphs 71 to 73). | 31. The concept of the centre of main interests is peculiar to the Regulation. Therefore, it has an autonomous meaning and must therefore be interpreted in a uniform way, independently of national legislation. | 0 |
8,056 | 58. Consequently, when temporarily staying in a Member State, the application, possibly under the provisions of Regulation No 1408/71, of the national legislation of that State which may be less favourable as regards social security benefits than that of the competent State, within the meaning of Article 1(q) of that regulation, may, in principle, be compatible with the requirements of primary EU law on the freedom of movement for persons (see, inter alia, by analogy, von Chamier-Glisczinski , paragraphs 85 and 87, and da Silva Martins , paragraph 72). | 42. Finally, the Court observed in paragraph 48 of its judgment in Philips that the criteria for assessing the distinctiveness of three-dimensional shape of product marks are no different from those to be applied to other categories of trade mark. Article 3(1)(b) of the Directive makes no distinction between different categories of trade mark for the purposes of assessing their distinctiveness. | 0 |
8,057 | 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 | 93
In the alternative, the Parliament submits that the reasonable time principle was not disregarded by the General Court. | 0 |
8,058 | 4 In those judgments, the Court held that a producer who had voluntarily ceased production for a certain period could not legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12). The Court added, however, that where such a producer had been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he might legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affected him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
8,059 | 23 However, maintaining industrial peace as a means of bringing a collective labour dispute to an end and thereby preventing any adverse effects on an economic sector, and consequently on the economy of the State, must be regarded as an economic aim which cannot constitute a reason relating to the general interest that justifies a restriction of a fundamental freedom guaranteed by the Treaty (see Gouda and Others, cited above, paragraph 11). | 42. Il convient d’ajouter que la Cour a également jugé qu’un État membre qui, lors de l’exécution d’une décision de la Commission en matière d’aides d’État, rencontre des difficultés imprévues et imprévisibles ou prend conscience de conséquences non envisagées par la Commission doit soumettre ces problèmes à l’appréciation de cette dernière en proposant des modifications appropriées de la décision en cause. Dans un tel cas, l’État membre et la Commission doivent, en vertu de la règle imposant aux États membres et aux institutions de l’Union des devoirs réciproques de coopération loyale, qui inspire, notamment, l’article 4, paragraphe 3, TUE, collaborer de bonne foi en vue de surmonter les difficultés dans le plein respect des dispositions du traité et, notamment, de celles relatives aux aides (arrêt du 22 décembre 2010, Commission/Italie, précité, point 37 et jurisprudence citée). | 0 |
8,060 | 39. With regard to Article 5(1) of the Brussels Convention, a provision which was used as the basis for adopting Articles 18 to 21 of Regulation No 44/2001, the Court has already held that contracts of employment have certain particularities: they create a lasting bond which brings the worker to some extent within the organisational framework of the business of the undertaking or employer, and they are linked to the place where the activities are pursued, which determines the application of mandatory rules and collective agreements (judgment in Shenavai , 266/85, EU:C:1987:11, paragraph 16). | 50. The 18th, 19th and 22nd recitals of the SME Recommendation, as well as point 3.2 of the SME Guidelines, make it clear that the purpose of the independence criterion is to ensure that the measures intended for SMEs genuinely benefit the enterprises for which size represents a handicap and not enterprises belonging to a large group which have access to funds and assistance not available to competitors of equal size. It also follows that, in order to ensure that only genuinely independent SMEs are included, there has to be a way of eliminating legal arrangements in which SMEs form an economic group much stronger than such an SME. It must also be ensured that the definition is not circumvented on formal grounds. | 0 |
8,061 | 84. Conformément à une jurisprudence constante de la Cour, la motivation d’un arrêt doit faire apparaître de façon claire et non équivoque le raisonnement du Tribunal, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (voir, notamment, arrêts France Télécom/Commission, C‑202/07 P, EU:C:2009:214, point 29 et jurisprudence citée, ainsi que Commission/Portugal, C‑292/11 P, EU:C:2014:3, point 72). | 18 The answer to the first question must therefore be that the right to join an occupational pension scheme falls within the scope of Article 119 of the Treaty and is therefore covered by the prohibition of discrimination laid down by that article.
The second and third questions | 0 |
8,062 | 11 In its judgment of 18 June 1991 in Case C-369/89 Piageme and Others [1991] ECR I-2971, the Court ruled that Articles 30 of the EEC Treaty and 14 of Directive 79/112 precluded a national law from requiring the exclusive use of a specific language for the labelling of foodstuffs, without allowing for the possibility of using another language easily understood by purchasers or of ensuring that the purchaser was informed by other measures. | 46. Thus, according to settled case-law, derogation under those articles must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority (Case 2/74 Reyners [1974] ECR 631, paragraph 45; Case C-42/92 Thijssen [1993] ECR I-4047, paragraph 8; Commission v Spain , paragraph 35; and Case C-283/99 Commission v Italy [2001] ECR I-4363, paragraph 20). | 0 |
8,063 | 37. In accordance with the Court’s settled case-law, in order to determine whether a national measure involves the implementation of EU law for the purposes of Article 51(1) of the Charter, it is necessary to determine, inter alia, whether that national legislation is intended to implement a provision of EU law; the nature of the legislation at issue and whether it pursues objectives other than those covered by EU law, even if it is capable of indirectly affecting EU law; and also whether there are specific rules of EU law on the matter or rules which are capable of affecting it (see Annibaldi EU:C:1997:631, paragraphs 21 to 23; Case C‑40/11 Iida EU:C:2012:691, paragraph 79; Case C‑87/12 Ymeraga and Others EU:C:2013:291, paragraph 41; and Siragusa EU:C:2014:126, paragraph 25). | 9 The reason for this mitigation of the burden of proof on the Commission is that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts and, consequently, it is for that State to adduce the most detailed and comprehensive evidence that its inspections or figures are accurate and, if appropriate, that the Commission's statements are incorrect (Case
C-54/95 Germany v Commission, paragraph 35; Case C-28/94 Netherlands v Commission, paragraph 41).
The expenses by way of compensatory aid in the arable crops sector and by way of premiums for beef and veal | 0 |
8,064 | 63. As regards the statistical function of a register such as the AZR, it must be recalled that, by creating the principle of freedom of movement for persons and by conferring on any person falling within its ambit the right of access to the territory of the Member States for the purposes intended by the Treaty, Community law has not excluded the power of Member States to adopt measures enabling the national authorities to have an exact knowledge of population movements affecting their territory (see Case 118/75 Watson and Belmann [1976] ECR 1185, paragraph 17). | 95 Finally, the United Kingdom could have avoided the consequences of the delays attributable to the Commission by calculating and making available to the Commission the amounts claimed (see inter alia, to that effect, Case C-96/89 Commission v Netherlands, cited above, paragraph 39). | 0 |
8,065 | 19. It should, however, be recalled that, according to settled case-law, it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court. Consequently, where the questions referred involve the interpretation of Community law, the Court is, in principle, obliged to give a ruling (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 18; Case C-373/00 Adolf Truley [2003] ECR I-1931, paragraph 21; Case C-18/01 Korhonen and Others [2003] ECR I-5321, paragraph 19; Case C-476/01 Kapper [2004] ECR I-0000, paragraph 24). | 24. En effet, selon une jurisprudence constante, 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 les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, en ce sens, arrêts du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 36, et du 10 avril 2008, Commission/Italie, C‑442/06, non encore publié au Recueil, point 42). | 0 |
8,066 | 29. As to whether Article 13 of the Authorisation Directive precludes the undertakings concerned being subject to a tax such as that at issue in the main proceedings, it should be noted that the Court has already held that the Authorisation Directive lays down not only rules governing the procedures for granting general authorisations or rights to use radio frequencies or numbers and the content of those authorisations but also rules setting out the nature and scope of the financial payments related to those procedures which Member States may impose on undertakings in the electronic communications services sector (judgment in Vodafone Malta and Mobisle Communications , C‑71/12, EU:C:2013:431, paragraph 20 and the case-law cited). | 66. Furthermore, the effect of authorising or accepting such types of evidence would be to incite other applicants to offer the same and would lead, de facto, to requiring applicants to provide such evidence. | 0 |
8,067 | 66. According to settled case-law, it follows from Article 225 EC, the first paragraph of Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see, in particular, Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraph 34; Case C‑248/99 P France v Monsanto and Commission [2002] ECR I‑1, paragraph 68; and Case C‑67/09 P Nuova Agricast and Cofra v Commission [2010] ECR I‑0000, paragraph 48). | 28. It is clear that, by preventing criminal activity and distortions of competition in the public contracts sector, a measure such as the obligation to declare acceptance of that type of legality protocol appears to be such as to strengthen equal treatment and transparency in procurement procedures. In addition, inasmuch as that obligation is incumbent upon every candidate or tenderer without distinction, it does not conflict with the principle of non-discrimination. | 0 |
8,068 | 42
It should be noted that it follows from well-established case-law that the application, for the purpose of calculating fines imposed for competition infringements, of new guidelines, such as the 2006 Guidelines, and in particular of a new method of calculating the amount of a fine contained therein, even to infringements committed before the adoption or the amendment of those guidelines, does not breach the principle of non-retroactivity in so far as those new guidelines and that new method were reasonably foreseeable at the time when the infringements in question were committed (see, to that effect, in particular, judgments of 28 June 2005, Dansk Rørindustri and Others v Commission (C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217, 218, and 227 to 232; of 18 May 2006, Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission, C‑397/03 P, EU:C:2006:328, paragraph 25; of 18 July 2013, Schindler Holding and Others v Commission, C‑501/11 P, EU:C:2013:522, paragraph 75; and of 14 September 2016, Ori Martin and SLM v Commission, C‑490/15 P and C‑505/15 P, not published, EU:C:2016:678, paragraphs 82 to 94). | 78. In that connection, it must be borne in mind that the deduction system under the Sixth Directive is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see, in particular, Case C-408/98 Abbey National [2001] ECR I-1361, paragraph 24, and Zita Modes , paragraph 38). | 0 |
8,069 | 34
The procedural conditions are laid down in Article 54(1) of Regulation No 178/2002, which requires Member States, first, to ‘officially’ inform the Commission of the need to take emergency measures and, second, if the Commission has not adopted any measures pursuant to Article 53 of that regulation, ‘immediately’ to inform the Commission and the other Member States of the national interim protective measures which have been adopted. Accordingly, in the light of the urgent nature of the intervention of the Member State concerned and the objective of public health protection pursued by Regulation No 1829/2003, Article 54(1) of Regulation No 178/2002 must be interpreted as requiring that, in the event of an emergency, the Commission be informed no later than the time at which the emergency measures are adopted by the Member State concerned (judgment of 8 September 2011, Monsanto and Others, C‑58/10 to C‑68/10, EU:C:2011:553, paragraph 73). | 73. Accordingly, in the light of the urgent nature of the intervention of the Member State concerned and the objective of public-health protection pursued by Regulation No 1829/2003, Article 54(1) of Regulation No 178/2002 must be interpreted as requiring, in the same way as, moreover, under Article 23 of Directive 2001/18, that, in the event of an emergency, the Commission be informed no later than the time at which the emergency measures are adopted by the Member State concerned. | 1 |
8,070 | 31 However, the Court has consistently held that where, in application of Article 100 of the EEC Treaty, Community directives provide for the harmonization of the measures necessary to ensure inter alia the protection of animal and human health and establish Community procedures to check that they are observed, invoking Article 36 is no longer justified and the appropriate checks must be carried out and protective measures adopted within the framework outlined by the harmonizing directive (see the judgments in Case 5/77 Tedeschi v Denkavit [1977] ECR 1555, paragraph 15, Case 148/78 Ratti [1979] ECR 1629, paragraph 36, Case 251/78 Denkavit [1979] ECR 3369, paragraph 14, and Case 190/87 Moormann [1988] ECR 4689, paragraph 10). | 57
That said, it is settled case-law of the Court of Justice that, if the grounds of a decision of the General Court contain an infringement of EU law but its operative part is shown to be well founded on other legal grounds, such an infringement is not one that should cause that decision to be set aside, and a substitution of grounds must be made (judgment of 26 January 2017, Mamoli Robinetteria v Commission, C‑619/13 P, EU:C:2017:50, paragraph 107 and the case-law cited). | 0 |
8,071 | 27. It follows that, as regards dividends originating in a third country, where it is apparent from the purpose of such national legislation that it is intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities, neither Article 49 TFEU nor Article 63 TFEU may be relied upon (see Test Claimants in the FII Group Litigation , paragraph 98). | 56. Each Member State is best placed to identify, in the light of historical, legal, economic or social considerations specific to it (see, to that effect, La Cascina and Others , paragraph 23), situations propitious to conduct liable to bring about breaches of those principles. | 0 |
8,072 | 34. Such a finding also necessarily follows from the purpose of that provision, which is intended to prevent, following the accession to the European Union of new Member States, disturbances on the labour market of the existing Member States due to the immediate arrival of a large number of workers who are nationals of those new States (see, to that effect, Case 9/88 Lopes da Veiga [1989] ECR 2989, paragraph 10, and Rush Portuguesa , paragraph 13). That purpose is apparent from, inter alia, Chapter 2, paragraph 5, of Annex XII to the 2003 Act of Accession in so far as that paragraph provides the possibility for a Member State, in case of serious disturbances of its labour market or threat thereof, to continue to apply the measures referred to in Chapter 2, paragraph 2, until the end of the seven-year period following the date of accession of the Republic of Poland. | 37. Par conséquent, la situation de M. Imfeld relève non pas de la libre circulation des travailleurs, mais de la liberté d’établissement, qui comporte, pour les ressortissants de l’Union, l’accès aux activités non salariées et leur exercice (voir, notamment, arrêt du 11 mars 2004, de Lasteyrie du Saillant, C‑9/02, Rec. p. I‑2409, point 40). | 0 |
8,073 | 52
Member States must, in that case, by a simplified procedure, determine whether the import of a veterinary medicinal product which has an MA in another Member State is a parallel import by reference to a veterinary medicinal product which already has an MA in the Member State of import, since they are obliged to ensure compliance with the obligations and prohibitions laid down in Directive 2001/82 (see, by analogy with plant protection products, judgment of 8 November 2007, Escalier and Bonnarel, C‑260/06 and C‑261/06, EU:C:2007:659, paragraphs 29 and 32). | Par ailleurs, la Cour a déjà confirmé la possibilité de prendre en considération l’interprétation de dispositions imposant
des mesures restrictives en tenant compte de la rédaction divergente de ces dispositions dans les différentes versions linguistiques,
de leur contexte et de leur finalité (voir, en ce sens, arrêt du 5 mars 2015, Ezz e.a./Conseil, C‑220/14 P, EU:C:2015:147,
points 69 à 72). | 0 |
8,074 | 35 Finally, as regards the argument that the supplementary retirement pension scheme at issue in the main proceedings meets considerations of social policy and not those of a particular occupation, it should be noted that, according to settled case-law, considerations of social policy, of State organisation, of ethics, or even budgetary concerns which influenced, or may have influenced, the establishment by the national legislature of a particular scheme cannot prevail if the pension concerns only a particular category of workers, if it is directly related to length of service and if its amount is calculated by reference to the last salary (Beune, paragraph 45; and Evrenopoulos, paragraph 21). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,075 | 173. The Court has consistently held that, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law ( Impact , paragraph 44 and case-law cited, and order in Vassilakis and Others , paragraph 141). | 40. The application of a penalty of invalidity of an unfair term with regard to all consumers who have concluded a consumer contract to which the same GBC apply ensures that those consumers will not be bound by that term, but does not exclude the application of other types of adequate and effective penalties provided for by national legislation. | 0 |
8,076 | 14 In that regard, it need merely be borne in mind that purpose of the powers conferred on the Commission by Article 90(3) is different from and more specific than that of the powers attributed to the Council by Article 100, on the one hand, and by Article 87, on the other, and that the possibility of rules being issued by the Council by virtue of the general power vested in it by other articles of the Treaty, involving provisions which touch upon the matters specific to Article 90, does not impede the exercise of the powers which the latter article confers on the Commission (France v Commission, cited above, paragraphs 25 and 26). | 86. Il est de jurisprudence constante que cette obligation de motivation répond au double objectif de permettre, d’une part, aux intéressés de connaître les justifications de la mesure prise afin de défendre leurs droits et, d’autre part, au juge de l’Union d’exercer son contrôle sur la légalité de la décision (voir arrêt du 10 mai 2012, Helena Rubinstein et L’Oréal/OHMI, C-100/11 P, non encore publié au Recueil, point 111). | 0 |
8,077 | 65. In that regard, according to settled case-law, fundamental rights form an integral part of the general principles of law, whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or to which they are signatories (see, to that effect, Case 44/79 Hauer [1979] ECR 3727, paragraph 15). The ECHR has special significance in that respect (see, among others, Case C-274/99 P Connolly v Commission [2001] ECR I-1611, paragraph 37, and Case C-94/00 Roquette Frères [2002] ECR I-9011, paragraph 25). | 35. It follows that the terms referred to in Article 4(2) do indeed come within the area covered by the Directive and that, consequently, Article 8 of the Directive applies equally to Article 4(2). | 0 |
8,078 | 22 It follows that, where the principal aim of the measure in question is the protection of the health and safety of workers, Article 118a must be used, albeit such a measure may have ancillary effects on the establishment and functioning of the internal market (see, in particular, Parliament v Council, cited above, paragraph 32). | 50. In the light of the foregoing, it must be found that point 3 of Annex III to Directive 2006/112 permits a reduced rate of VAT to be applied to medicinal substances only if they are likely to be used directly by final consumers for health care, prevention of illnesses and as treatment for medical and veterinary purposes. | 0 |
8,079 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 67. According to settled case-law, in interpreting a provision of Community law it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50, and Case C-306/05 SGAE [2006] ECR I-11519, paragraph 34). | 0 |
8,080 | 67 However, for the latter category of persons, Article 119 cannot be invoked in relation to rights in respect of periods of service before 8 April 1976, because it was only on the date of the judgment in Defrenne II that the Court recognized that Article 119 could be relied upon directly, but only in relation to future periods of pay. | 32. However, as the Advocate General points out in point 31 of his Opinion, it cannot be inferred from that case-law that the existence of a power to render the insurer liable is the determining criterion for recognition of an insurance agent within the meaning of Article 13B(a) of the Sixth Directive. Recognition of a person as an insurance agent presupposes an examination of what the activities in question comprise. | 0 |
8,081 | 40. The Court has already had to examine the competition law question raised by legislation providing for the allocation free of charge to a public undertaking in a dominant position of certain operating facilities, in that case additional frequencies in the digital mobile telecommunications sector, whereas a new operator had had to pay a fee to obtain a licence for the same sector. In that respect, the Court held that such legislation is likely to infringe Article 82 EC by extending or strengthening the dominant position of that undertaking. It stated, however, that the competition rules do not preclude such legislation if the fee paid previously by the public undertaking in a dominant position to obtain a licence in the field of mobile telecommunications and the allocation free of charge of additional frequencies appear to be equivalent in economic terms to the fee imposed on the competitor (see Connect Austria , cited above, paragraphs 85 to 90). | 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 |
8,082 | 28. It should be noted that it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16, and Joined Cases C‑362/07 and C‑363/07 Kip Europe and Others [2008] ECR I‑9489, paragraph 26). | 46. It is clear that the original scheme, in so far as it remains applicable, could, on account of the obligation to register in Denmark a company car made available to the employee by an employer established in another Member State, deter such an employer from taking on an employee resident in Denmark for work which is not the employee’s principal employment and, consequently, impede access to such employment by residents in Denmark. | 0 |
8,083 | 33
This is also the case with the compensation that the employer must pay to an employee on account of the unlawful insertion of a fixed-term clause into his employment contract (see, to that effect, judgment of 12 December 2013, Carratù, C‑361/12, EU:C:2013:830, paragraph 37) or following termination of fixed-term employment contracts (see, to that effect, judgment of 14 September 2016, de Diego Porras, C‑596/14, EU:C:2016:683, paragraph 31). | 92. It must be held that the arguments put forward by the Swedish Government, as described in paragraphs 57 to 65 of the present judgment, to demonstrate that the inadequacy of the fiscal monitoring system prevents the effective application of the Swedish legislation implementing the relevant Community provisions, are intended to contribute to the success of the Commission ' s application by shedding further light on the dispute. Those arguments specifically concern the deficiencies in fiscal control alleged by the Commission to be the source of the failure to fulfil obligations alleged against the Republic of Finland. | 0 |
8,084 | 66. Thus, given the power afforded to the Member States to determine the level of protection that they wish to give to public health, it must be accepted that Member States may require that biomedical analyses be carried out by biologists enjoying genuine professional independence. They may also take measures for eliminating or reducing a risk that that independence might be compromised, because that in turn would be liable to have an adverse effect on public health and the quality of medical services (see, to that effect, Case C-531/06 Commission v Italy paragraph 59 and Apothekerkammer des Saarlandes and Others , paragraph 35). | 35. The Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties reopen the oral procedure, in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see the order in Case C-17/98 Emesa Sugar [2000] ECR I-665, paragraph 18, the judgment in Case C‑309/99 Wouters and Others [2002] ECR I-1577, paragraph 42, and the judgment of 13 November 2003 in Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-0000, paragraph 19). | 0 |
8,085 | 64. As to the argument put forward by the Danish and Belgian Governments that, in the procedure provided for in Articles 871 and 873 of Regulation No 2454/93, the Commission consented to the application of Article 220(2)(b) of the Customs Code, the Court notes that that procedure does not pertain to the Member States’ obligation to establish the Communities’ entitlement to own resources. The purpose of Articles 871 and 873 of Regulation No 2454/93 is to ensure the uniform application of Community law (see, to that effect, Mecanarte , cited above, paragraph 33) and, together with Article 220(2)(b) of the Customs Code, to safeguard debtors’ legitimate expectations (see paragraph 62 of this judgment). | 32. Il convient de rappeler, en premier lieu, que la Commission peut solliciter de la Cour le constat de manquements à des dispositions du droit communautaire en raison du fait qu’une pratique générale contraire à celles-ci aurait été adoptée par les autorités d’un État membre, en illustrant cette pratique par des situations spécifiques (voir, en ce sens, arrêts du 26 avril 2005, Commission/Irlande, C‑494/01, Rec. p. I‑3331, point 27, et du 25 octobre 2007, Commission/Irlande, C‑248/05, Rec. p. I‑9261, point 64). | 0 |
8,086 | 10. As a preliminary point, it should be pointed out that, according to settled case-law, although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, and Case C-319/02 Manninen [2004] ECR I-7477, paragraph 19). In particular, the national provision must not obstruct the functioning of the mechanism established by Regulation No 4253/88 (see, to that effect, Joined Cases C-36/80 and 71/80 Irish Creamery Milk Suppliers Association & Others [1981] ECR 735, paragraph 15). | 31 Moreover, any technical difficulties which exist in determining the amount of consideration cannot by themselves justify the conclusion that no consideration exists. | 0 |
8,087 | 90
The Commission adds that DEI’s argument that it is for the national court, in the context of interlocutory proceedings, to notify the Commission and to subject to its preventive review any new measure granting new aid or altering existing aid is borne out by the judgment of 18 July 2007, Lucchini (C‑119/05, EU:C:2007:434, paragraphs 59 to 63), from which it is apparent that exclusive competence of the Commission and the primacy of EU law preclude the national court from applying a national measure where its application would be an obstacle to the recovery of the State aid. | 32. To that end, the REACH Regulation introduces an integrated system for monitoring chemical substances, including registration, evaluation and authorisation, together with possible restrictions on their use. The cardinal principles governing those aspects were presented by the Commission in the introduction to its regulation proposal in COM(2003) 644 final of 29 October 2003, which describes ‘the REACH system’ as comprising, first of all, registration, which requires ‘industry to obtain relevant information on their substances and to use that data to manage them safely’, next, ‘[e]valuation[, which] provides confidence that industry is meeting its obligations’ and authorisation for substances of very high concern whose ‘[r]isks associated with uses … are adequately controlled, … if the socio-economic benefits outweigh the risks and there are no suitable alternative substitute substances or technologies …’. Lastly, ‘[t]he restrictions procedure provides a safety net to manage risks that have not been adequately addressed by another part of the REACH system’. | 0 |
8,088 | 34. However, in paragraphs 30 and 31 of Medion , the Court held that, beyond the usual case where the average consumer perceives a mark as a whole, it is quite possible that in a particular case an earlier mark used by a third party in a composite sign including the name of the company of the third party still has an independent distinctive role in the composite sign, without necessarily constituting the dominant element. In such a case, the overall impression produced by the composite sign may lead the public to believe that the goods or services at issue come, at the very least, from companies which are linked economically, in which case the likelihood of confusion must be held to be established. | 51. It should be made clear from the outset that the fact that that number of licences for each of those two categories was, according to the documents before the Court, considered on the basis of a specific assessment to be ‘sufficient’ for the whole of the national territory could not of itself justify the obstacles to the freedom of establishment and the freedom to provide services brought about by that limitation. | 0 |
8,089 | 36. As regards whether the characteristics of the product imported by the applicant in the main proceedings, as described in the order for reference, correspond to all the characteristics of that tariff heading, it is necessary to point out that when the Court is requested to give a preliminary ruling on a matter of tariff classification, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, in particular since the Court does not necessarily have available to it all the information which is essential in that regard. In any event, the national court is in a better position to do so (see, to that effect, Case C‑500/04 Proxxon EU:C:2006:111, paragraph 23, and Joined Cases C‑320/11, C‑330/11, C‑382/11 and C‑383/11 Digitalnet and Others EU:C:2012:745, paragraph 61). | 92. It must be held that the arguments put forward by the Swedish Government, as described in paragraphs 57 to 65 of the present judgment, to demonstrate that the inadequacy of the fiscal monitoring system prevents the effective application of the Swedish legislation implementing the relevant Community provisions, are intended to contribute to the success of the Commission ' s application by shedding further light on the dispute. Those arguments specifically concern the deficiencies in fiscal control alleged by the Commission to be the source of the failure to fulfil obligations alleged against the Republic of Finland. | 0 |
8,090 | 23. In that regard, in accordance with the general principles on which the European Union is based and which govern relations between it and the Member States, it is for the latter, under Article 5 of the EU Treaty, to ensure that EU rules are implemented within their territories. In so far as EU law, including its general principles, does not include common rules to that effect, the national authorities when implementing such regulations act in accordance with the procedural and substantive rules of their own national law (see, inter alia, judgments in Dominikanerinnen-Kloster Altenhohenau , C‑285/93, EU:C:1995:398, paragraph 26; Karlsson and Others , C‑292/97, EU:C:2000:202, paragraph 27, and Azienda Agricola Giorgio, Giovanni and Luciano Visentin and Others , C‑495/00, EU:C:2004:180, paragraph 39). | 11 THE PARTIES ARE AGREED THAT THE PURPOSE OF THE RIGHT OF SUBROGATION ENJOYED BY THE COMMUNITIES IS TO PREVENT AN OFFICIAL FROM BEING COMPENSATED TWICE IN RESPECT OF THE SAME DAMAGE .
| 0 |
8,091 | 69. As regards, secondly, the seriousness of the infringement, the vital nature of the rules of the EC Treaty on State aid must be borne in mind ( Commission v Greece EU:C:2009:428, paragraph 118, and Commission v Spain EU:C:2012:781, paragraph 125). | 50. Cette obligation de formulation est d’autant plus importante qu’une juridiction nationale est tenue d’apprécier le caractère abusif d’une clause rédigée en violation de celle-ci, quand bien même cette clause pourrait être analysée comme relevant de l’exclusion prévue à l’article 4, paragraphe 2, de la directive 93/13. En effet, il convient de rappeler que les clauses visées par cette disposition, tout en relevant du domaine régi par cette directive, n’échappent à l’appréciation de leur caractère abusif que dans la mesure où la juridiction nationale compétente estime, à la suite d’un examen au cas par cas, qu’elles ont été rédigées par le professionnel de façon claire et compréhensible (arrêt Caja de Ahorros y Monte de Piedad de Madrid, C‑484/08, EU:C:2010:309, point 32, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 72). | 0 |
8,092 | 147. In that vein, the statement of reasons required under Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted that measure in such a way as to enable the persons concerned to ascertain the reasons for it and to enable the competent Court of the European Union to exercise its jurisdiction to review legality (see France v Commission , paragraph 35, and Deutsche Telekom v Commission , paragraph 130). | 15 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT NEITHER THE COPYRIGHT OWNER OR HIS LICENSEE , NOR A COPYRIGHT MANAGEMENT SOCIETY ACTING IN THE OWNER ' S OR LICENSEE ' S NAME , MAY RELY ON THE EXCLUSIVE EXPLOITATION RIGHT CONFERRED BY COPYRIGHT TO PREVENT OR RESTRICT THE IMPORTATION OF SOUND RECORDINGS WHICH HAVE BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE BY THE OWNER HIMSELF OR WITH HIS CONSENT .
| 0 |
8,093 | Selon une jurisprudence bien établie, cette obligation de motivation n’impose pas, cependant, au Tribunal de fournir un exposé qui suivrait, de manière exhaustive et un par un, tous les raisonnements articulés par les parties au litige. La motivation peut donc être implicite, à condition qu’elle permette aux intéressés de connaître les raisons pour lesquelles le Tribunal n’a pas fait droit à leurs arguments et à la Cour de disposer des éléments suffisants pour exercer son contrôle (voir en ce sens, notamment, arrêts du 2 avril 2009, Bouygues et Bouygues Télécom/Commission, C‑431/07 P, EU:C:2009:223, point 42 ; du 22 mai 2014, Armando Álvarez/Commission, C‑36/12 P, EU:C:2014:349, point 31, ainsi que du 26 janvier 2017, Aloys F. Dornbracht/Commission, C‑604/13 P, EU:C:2017:45, point 86). | 86
According to well established case-law, that obligation to state reasons does not, however, require the General Court to provide an account that follows exhaustively and one by one all the arguments articulated by the parties to the case. The reasoning may therefore be implicit, on condition that it enables the persons concerned to know why the General Court has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its power of review (see, to that effect, in particular, judgments of 2 April 2009, Bouygues and Bouygues Télécom v Commission, C‑431/07 P, EU:C:2009:223, paragraph 42, and of 22 May 2014, Armando Álvarez v Commission, C‑36/12 P, EU:C:2014:349, paragraph 31). | 1 |
8,094 | 10 In that regard the Court has consistently held that it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they refer to the Court. A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or the subject-matter of the main action (see, among others, the judgments in Case C-67/91 Asociación Española de Banca Privada and Others [1992] ECR I-4785, paragraphs 25 and 26, and Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others [1994] ECR I-1711, paragraph 17). However, that is not the position in this case. | 26 A request for a preliminary ruling from a national court may be rejected only if it is quite obvious that the interpretation of Community law or the examination of the validity of a rule of Community law sought by that court bears no relation to the actual nature of the case or to the subject-matter of the main action (see, among others, the judgment in Case C-186/90 Durighello [1991] ECR I-5773, paragraph 9). However, that is not the position in this case.
The use by the authorities of the Member States of information contained in the answers to the requests for information sent to undertakings under Article 11 of Regulation No 17 | 1 |
8,095 | 41 Second, it must be pointed out that, according to the Court's case-law, the first sentence of Article 4(4) of the Birds Directive requires Member States to take appropriate steps to avoid, inter alia, deterioration of habitats in the areas which are most suitable for the conservation of wild birds, even where the areas in question have not been classified as SPAs, provided that they should have been so classified (see, to this effect, Case C-355/90 Commission v Spain, cited above, paragraph 22, and Case C-166/97 Commission v France, cited above, paragraph 38). | Or, les première, deuxième, quatrième et septième branches du deuxième moyen visent à contester les différentes appréciations opérées par le Tribunal, tant en ce qui concerne les éléments dominant l’impression d’ensemble produite par la marque contestée que le degré de similitude des marques en conflit, le degré de similitude des produits et services concernés, ou l’absence de risque global de confusion, ces appréciations relevant toutes de considérations d’ordre factuel (voir, par analogie, ordonnance du 16 mai 2013, Arav/H.Eich et OHMI, C‑379/12 P, non publiée, EU:C:2013:317, points 42, 81 et 82 ; arrêt du 19 mars 2015, MEGA Brands International/OHMI, C‑182/14 P, EU:C:2015:187, points 48 à 51, ainsi que ordonnance du 7 avril 2016, Harper Hygienics/EUIPO, C‑475/15 P, non publiée, EU:C:2016:264, points 35 et 36). | 0 |
8,096 | 38
Accordingly, that complaint must be rejected as ineffective (see, by analogy, judgment of 2 October 2003, Thyssen Stahl v Commission, C‑194/99 P, EU:C:2003:527, paragraphs 46 and 47). | 30. It follows from the foregoing that the application is admissible.
Substance | 0 |
8,097 | 10. A preliminary point to note is that Article 24 can be relied on to bring within the scope of the Convention only those provisional, including protective, measures in areas which fall within its scope as defined in Article 1 thereof (see Case 143/78 De Cavel [1979] ECR 1055, paragraph 9; Case 25/81 C.H.W. [1982] ECR 1189, paragraph 12; and Case C-391/95 Van Uden [1998] ECR I-7091, paragraph 30). It is therefore for the national judge to verify whether that is the case in the main proceedings. | 19 FURTHER THE HIRING UNDERTAKING IS INDEBTED NOT TO THE WORKER BUT ONLY TO HIS EMPLOYER . | 0 |
8,098 | 28. It should be noted at the outset that, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; Case C-264/96 ICI [1998] ECR I-4695, paragraph 19; Case C‑311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19; Case C‑35/98 Verkooijen [2000] ECR I-4071, paragraph 32, and Lindman , paragraph 18). | 69. Since the monitors at issue in the main proceedings are neither identical nor sufficiently analogous to the goods classified under Regulation No 754/2004, it follows that that regulation does not apply to those monitors. Consequently, it is not necessary to assess its validity. | 0 |
8,099 | 46
Moreover, since the competent national authorities have a wide discretion in assessing the facts, judicial review is limited, as far as that assessment is concerned, to the absence of manifest error. Judicial review must also relate to compliance with procedural guarantees, which is of fundamental importance. Those guarantees include the obligation for those authorities to examine carefully and impartially all the relevant elements of the situation in question (see, to that effect, judgments of 9 March 2010, ERG and Others, C‑379/08 and C‑380/08, EU:C:2010:127, paragraphs 60 and 61, and of 16 June 2015, Gauweiler and Others, C‑62/14, EU:C:2015:400, paragraph 69), and also the obligation to give a statement of the reasons for their decision that is sufficient to enable the national court to ascertain, in connection with the right of challenge provided for in Article 18(4) of Directive 2004/114, whether the factual and legal elements on which the exercise of the power of assessment depends were present (see, by analogy, judgments of 21 November 1991, Technische Universität München, C‑269/90, EU:C:1991:438, paragraph 14, and of 10 July 2008, Bertelsmann and Sony Corporation of America v Impala, C‑413/06 P, EU:C:2008:392, paragraph 69). On the latter point, it must be noted that, according to recital 14 of Directive 2004/114, a refusal of admission of a third country national for study purposes must be based on ‘duly justified grounds’. | 64. It follows from the foregoing that Article 49 TFEU does not preclude legislation of a Member State under which the amount of tax on unrealised capital gains relating to a company’s assets is fixed definitively, without taking account of decreases or increases in value which may occur subsequently, at the time when the company, because of the transfer of its place of effective management to another Member State, ceases to obtain profits taxable in the former Member State. It makes no difference that the unrealised capital gains that are taxed relate to exchange rate gains which cannot be reflected in the host Member State under the tax system in force there.
– Immediate recovery of the tax at the time when the company transfers its place of effective management to another Member State | 0 |
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