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8,100 | 13 Contrary to the contention of the plaintiff in the main proceedings, the legislation in question does not infringe the principle of the protection of legitimate expectations. The Court has consistently held that in the sphere of the common organization of the markets whose purpose involves constant adjustments to meet changes in the economic situation, economic operators cannot legitimately expect that they will not be subject to restrictions arising out of future rules of market or structural policy (see, to this effect, the judgments in Joined Cases 424/85 and 425/85 Frico v Voedesel Voor Zienings In-En Verkoopbureau [1987] ECR 2755, paragraph 33; Case 120/86 Mulder v Minister van Landbouw En Visserij [1988] ECR 2321, paragraph 23, and Case 170/86 Von Deetzen v Hauptzollamt Hamburg-Jonas [1988] ECR 2355, paragraph 12). | 37. Conversely, the condition that it be necessary is not fulfilled if repackaging of the product is explicable solely by the parallel importer’s attempt to secure a commercial advantage (see Upjohn , paragraph 44). | 0 |
8,101 | 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. | 102. The elements mentioned in paragraphs 97 to 101 of the present judgment appear to be capable of demonstrating the existence of a genuine and sufficient connection between the appellant and the competent Member State. | 0 |
8,102 | 82. As regards, firstly, the relevance of the effects of the infringement in question, it must be borne in mind that, in accordance with settled case-law, the gravity of infringements of European Union competition law is determined by reference to numerous factors, and that no binding or exhaustive list of criteria to be taken into account has been drawn up (see, inter alia, judgment of 19 December 2012 in Case C‑445/11 P Bavaria v Commission , paragraph 59 and the case-law cited). With regard, more specifically, to the actual impact of an infringement on the market, that is not a decisive factor for determining the level of fines (see KME Germany and Others v Commission , paragraph 34 and Case C‑389/10 P KME Germany and Others v Commission [2011] ECR I‑0000, paragraph 44). | 10 As the Court has held on several occasions (in Mines de Potasse d' Alsace, cited above, paragraph 11, Dumez France and Tracoba, cited above, paragraph 17, and Case C-68/93 Shevill and Others v Presse Alliance [1995] ECR I-415, paragraph 19), that rule of special jurisdiction, the choice of which is a matter for the plaintiff, is based on the existence of a particularly close connecting factor between the dispute and courts other than those of the State of the defendant' s domicile which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings. | 0 |
8,103 | 33 First of all, and without there being any need to ascertain whether the change made by the contested regulation is one of substance, it must be recalled that the Community institutions enjoy a margin of discretion in their choice of the means needed to achieve the common commercial policy (see, to this effect, Case 245/81 Edeka Zentrale v Germany [1982] ECR 2745, paragraph 27; Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 27; Case 256/84 Koyo Seiko v Council [1987] ECR 1899, paragraph 20; Case 258/84 Nippon Seiko v Council [1987] ECR 1923, paragraph 34, and Case 260/84 Minebea v Council [1987] ECR 1975, paragraph 28). | 21. Article 96 of the VAT Directive provides that the same rate of VAT, the standard rate, is applicable to supplies of goods and supplies of services. | 0 |
8,104 | 20 According to settled case-law, the procedure provided for in Article 177 of the Treaty is a means of cooperation between the Court of Justice and national courts. It follows that it is for the national courts alone which are seised of the case and are responsible for the judgment to be delivered to determine, in view of the special features of each case, both the need for a preliminary ruling in order to enable them to give their judgment and the relevance of the questions which they put to the Court (see, in particular, the judgments in Dzodzi, cited above, paragraphs 33 and 34, and in Case C-231/89 Gmurzynska-Bscher [1990] ECR I-4003, paragraphs 18 and 19). | 13 ONCE THE COMMUNITY HAS , PURSUANT TO ARTICLE 40 OF THE TREATY , LEGISLATED FOR THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET IN A GIVEN SECTOR , MEMBER STATES ARE UNDER AN OBLIGATION TO REFRAIN FROM TAKING ANY MEASURE WHICH MIGHT UNDERMINE OR CREATE EXCEPTIONS TO IT .
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8,105 | 35. At the outset it must be recalled that the Council has conferred upon the Commission, acting in cooperation with the customs experts of the Member States, a broad discretion to define the subject-matter of tariff headings falling to be considered for the classification of particular goods. However, the Commission’s power to adopt the measures mentioned in Article 9(1)(a), (b), (d) and (e) of Regulation No 2658/87 does not authorise it to alter the subject-matter of the tariff headings which have been defined on the basis of the HS established by the Convention whose scope the Community has undertaken, under Article 3 thereof, not to modify (see Case C-267/94 France v Commission [1995] ECR I‑4845, paragraphs 19 and 20; Case C-309/98 Holz Geenen [2000] ECR I-1975, paragraph 13; and Joined Cases C-304/04 and C‑305/04 Jacob Meijer and Eagle International Freight [2005] ECR I-6251, paragraph 22). | 93. That obligation corresponds to the objective set out in the seventh recital in the preamble to the directive, according to which each special area of conservation must form part of a coherent European ecological network. | 0 |
8,106 | 26 As the Court has held in De Weerd, née Roks, and Others at paragraph 28, Directive 79/7 leaves intact the powers reserved by Articles 117 and 118 of the EC Treaty to the Member States to define their social policy within the framework of close cooperation organized by the Commission, and consequently the nature and extent of measures of social protection, including those relating to social security, and the way in which they are implemented. In exercising that competence, the Member States have a broad margin of discretion (Nolte, paragraph 33, and Megner and Scheffel, paragraph 29). | 24 The answer to the first question must therefore be that Article 2 of the First Directive and Article 17(2), (3) and (5) of the Sixth Council Directive must be interpreted as meaning that, in principle, the existence of a direct and immediate link between a particular input transaction and a particular output transaction or transactions giving rise to entitlement to deduct is necessary before the taxable person is entitled to deduct input VAT and in order to determine the extent of such entitlement.
The second question | 0 |
8,107 | 46. If that court reaches the conclusion that Directive 2004/35 is not applicable in the cases pending before it, such a situation will be governed by national law, with due observance of the rules of the Treaty and without prejudice to other secondary legislation (see judgments in ERG and Others , EU:C:2010:126, paragraph 44; ERG and Others , EU:C:2010:127, paragraph 37; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 34). | 37. If that court reaches the conclusion that Directive 2004/35 is not applicable in the cases pending before it, such a situation will therefore be governed by national law, in compliance with the rules of the Treaty and without prejudice to other secondary legislation. | 1 |
8,108 | 30. As a preliminary point, it must be observed that it is for each Member State to organise, in compliance with Community law, its system for taxing distributed profits and to define, in that context, the tax base and the tax rate which apply to the shareholder receiving them (see, to that effect, Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraph 50, and Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraph 47). | 30. In that regard, it should be recalled, first, that a ‘flight’ within the meaning of Regulation No 261/2004 consists in an air transport operation, performed by an air carrier which fixes its itinerary (Case C‑173/07 Emirates Airlines [2008] ECR I‑5237, paragraph 40). Thus, the itinerary is an essential element of the flight, as the flight is operated in accordance with the carrier’s pre-arranged planning. | 0 |
8,109 | 32. It should be recalled that, under settled case-law of the Court, the identification as provided for under Article 214 of Directive 2006/112 and the obligations stipulated under Article 213 are only formal requirements for the purposes of control, and they cannot undermine, inter alia, the right of deduction or the right of exemption from VAT for an intra-Community supply, where the substantive conditions which give rise to these rights are satisfied (see, to that effect, Nidera Handelscompagnie , paragraph 50; Case C-263/11 Rēdlihs [2012] ECR I-0000, paragraph 48; and Mecsek-Gabona , paragraph 60). | 24 THESE ARGUMENTS PUT FORWARD BY THE APPLICANT CANNOT BE UPHELD . IT SHOULD BE BORNE IN MIND THAT THE COMMISSION HAS A DISCRETION THE EXERCISE OF WHICH INVOLVES ECONOMIC AND SOCIAL ASSESSMENTS WHICH MUST BE MADE IN A COMMUNITY CONTEXT .
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8,110 | 32 In that respect, it is settled case-law that the concept of worker has a specific Community meaning and must not be interpreted narrowly. It must be defined in accordance with objective criteria which distinguish an employment relationship by reference to the rights and duties of the persons concerned. In order to be treated as a worker, a person must pursue an activity which is genuine and effective, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The essential feature of an employment relationship is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. By contrast, 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, as regards Article 48 of the Treaty, in particular Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17; Case 197/86 Brown [1988] ECR 3205, paragraph 21; Case 344/87 Bettray [1989] ECR 1621, paragraphs 15 and 16; Case C-357/89 Raulin [1992] ECR I-1027, paragraph 10; and Case C-3/90 Bernini [1992] ECR I-1071, paragraphs 14 to 17; and, as regards Article 6(1) of Decision No 1/80, Case C-36/96 Günaydin [1997] ECR I-5143, paragraph 31, Case C-98/96 Ertanir [1997] ECR I-5179, paragraph 43, and Birden, paragraphs 25 and 28). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,111 | 28
Accordingly, clause 5(1) of the framework agreement requires, with a view to preventing abuse of successive fixed-term employment contracts or relationships, the effective and binding adoption by Member States of at least one of the measures listed in that provision, where their domestic law does not already include equivalent legal measures. The measures listed in clause 5(1)(a) to (c), of which there are three, relate, respectively, to objective reasons justifying the renewal of such contracts or relationships, the maximum total duration of successive fixed-term employment contracts or relationships, and the number of renewals of such contracts or relationships (see, inter alia, judgments of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 74; 26 January 2012, Kücük, C‑586/10, EU:C:2012:39, paragraph 26; of 13 March 2014, Márquez Samohano, C‑190/13, EU:C:2014:146, paragraph 42, of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 56, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 74). | 12 It must therefore be held that action in Case 51/86, which was brought subsequently, is between the same parties and seeks the annulment of the same resolution on the basis of the same submissions as the action in Case 358/85 . The application in Case 51/86 must therefore be dismissed as inadmissible .
( b ) The question whether the resolution is an act open to challenge | 0 |
8,112 | 36. A second preliminary point is that, in so far as Regulation No 44/2001 replaces the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36), as amended by the successive conventions relating to the accession of new Member States to that convention (‘the Brussels Convention’), interpretation provided by the Court in respect of the provisions of the Brussels Convention is also valid for those of Regulation No 44/2001 whenever the provisions of those instruments may be regarded as equivalent (Case C-180/06 Ilsinger [2009] ECR I-0000, paragraph 41, and Case C-189/08 Zuid-Chemie [2009] ECR I-0000, paragraph 18). | 2. The request has been made in proceedings between the Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH (Staff Committee of the company administering the clinics and hospitals of the Province of Salzburg) and Land Salzburg (the Province of Salzburg) concerning the fact that, for the purposes of calculating their remuneration, Land Salzburg took into account only a proportion of the periods of service completed by its employees with another employer.
Legal context
European Union (‘EU’) law | 0 |
8,113 | 101. Under Article 3(5) TEU, the European Union is to contribute to the strict observance and the development of international law. Consequently, when it adopts an act, it is bound to observe international law in its entirety, including customary international law, which is binding upon the institutions of the European Union (see, to this effect, Case C‑286/90 Poulsen and Diva Navigation [1992] ECR I‑6019, paragraphs 9 and 10, and Case C‑162/96 Racke [1998] ECR I‑3655, paragraphs 45 and 46). | 51. There is no provision in the basic regulation as regards the measures to be taken by the Commission, during the course of the investigation, if the support of the producers for the complaint or request for a review falls. | 0 |
8,114 | 31. In that regard, it must be recalled, first of all, that in paragraphs 59 to 68 of the judgment in Käserei Champignon Hofmeister , cited above, the Court has already accepted that the sanction is proportionate. In paragraph 68, the Court held that the sanction prescribed in point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 does not breach the principle of proportionality, since it cannot be considered either to be inappropriate for attaining the objective pursued by Community law, namely to combat irregularities and fraud, or to go beyond what is necessary to achieve that objective. | 108. It should also be noted that such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence ( General Motors v Commission , paragraph 54). | 0 |
8,115 | 35. In order to determine whether the principle of equivalence has been complied with in the case in the main proceedings, it is therefore necessary to examine whether, in the light of their purpose and their essential characteristics, the action for damages brought by Transportes Urbanos, alleging breach of European Union law, and the action which that company could have brought on the basis of a possible breach of the Constitution may be regarded as similar (see, to that effect, Preston and Others , paragraph 49). | 40. En effet, c’est la question de savoir si l’opérateur a acquitté la taxe en son nom et pour son propre compte qui constitue l’aspect déterminant pour l’inclusion d’une taxe dans la valeur du bien livré. Si tel est le cas, la contrepartie qui est prise en compte pour le calcul de la base imposable inclut le montant de la taxe en question. Or, dès lors que, en cas de livraison, les redevables de la taxe litigieuse sont les distributeurs de voitures en Pologne, cette taxe doit, en principe, être incluse dans la base d’imposition de la TVA, conformément à l’article 78, premier alinéa, sous a), de la directive 2006/112. | 0 |
8,116 | 100. The factors capable of affecting the assessment of the gravity of the infringements include the conduct of each of the undertakings, the role played by each of them in the establishment of the cartel, the profit which they were able to derive from it, their size, the value of the goods concerned and the threat that infringements of that type pose to the objectives of the EU (see, to that effect, Musique Diffusion française and Others v Commission , paragraph 129, and Dansk Rørindustri and Others v Commission , paragraph 242). | 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 |
8,117 | 27. Nevertheless, while it is for the Court of Justice, in the system laid down by Article 234 EC providing for cooperation, to provide the referring court with an answer which will be of use to it and enable it to determine the case before it, the Court may have to reformulate the questions referred (see, inter alia, Case C‑88/99 Roquettes Frères [2000] ECR I‑10465, paragraph 18; Case C‑469/00 Ravil [2003] ECR I‑5053, paragraph 27; and Case C‑286/05 Haug [2006] ECR I‑4121, paragraph 17). | 69. En effet, le Tribunal a tout d’abord rappelé, au point 83 de l’arrêt attaqué, qu’il incombe à l’opérateur, dès lors que celui-ci a des doutes quant à l’application exacte des dispositions dont l’inexécution peut faire naître une dette douanière, de s’informer et de rechercher tous les éclaircissements possibles pour ne pas contrevenir aux dispositions visées (arrêts Söhl & Söhlke, EU:C:1999:548, point 58, et Common Market Fertilizers/Commission, C‑443/05 P, EU:C:2007:511, point 191). | 0 |
8,118 | 38
The Commission argues that the judgment of 22 January 2013, Commission v Tomkins (C‑286/11 P, EU:C:2013:29) was correctly interpreted by the General Court. In this regard, it submits that, in accordance with the case-law of the Court of Justice (judgment of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 159 and the case-law cited), in order to impute, to an entity forming part of an undertaking, liability for an infringement committed by that undertaking, the Commission is not obliged either to hold liable the other entities of that same undertaking or to contact those other entities. | 159. It thus follows both from Article 23(2)(a) of Regulation No 1/2003 2004 and from the case-law referred to in the preceding paragraphs that, while the Commission may impose fines on undertakings which infringe Article 81 EC and may, where the necessary conditions are satisfied, impute responsibility for the offending conduct of a subsidiary to its parent, these are mere options (see also, to that effect, Joined Cases C‑125/07 P, C‑133/07 P, C‑135/07 P and C‑137/07 P Erste Group Bank and Others v Commission [2009] ECR I‑8681, paragraph 82). Neither that provision nor the case-law, in so far as they employ the verb ‘may’ and refer to the concept of an undertaking, lay down which legal or natural person the Commission is obliged to hold responsible for the infringement or to sanction by the imposition of a fine. | 1 |
8,119 | 102
As regards the conditions relating to the effect of the scheme to guarantee the shares of recognised cooperatives operating in the financial sector at issue in the main proceedings on trade between Member States and the distortion of competition capable of being caused by that scheme, it should be noted that, for the purpose of categorising a national measure as State aid, it is not necessary to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, it being necessary only to examine whether that aid is liable to affect such trade and distort competition (judgments of 29 April 2004, Italy v Commission, C‑372/97, EU:C:2004:234, paragraph 44; of 15 December 2005, Unicredito Italiano, C‑148/04, EU:C:2005:774, paragraph 54; and of 19 March 2015, OTP Bank, C‑672/13, EU:C:2015:185, paragraph 54). | 54. In its assessment of those two conditions, the Commission is required, not to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (Case C-372/97 Italy v Commission [2004] ECR I-3679, paragraph 44). | 1 |
8,120 | 52. It is important to bear in mind that the system set up by Regulation No 1408/71 is based on mere coordination of national laws in the field of social security and is not intended to harmonise them (see, to that effect, Case 313/86 Lenoir [1988] ECR 5391, paragraph 13). | 46. Next, it should be noted that the arrangements for the taxation of the profit margin made by the taxable dealer on the supply of second-hand goods, works of art, collectors’ items and antiques constitute a special arrangement for VAT – derogating from the general scheme of Directive 2006/112 – which, like the other special arrangements provided for in that directive, must be applied only to the extent necessary to achieve their objective (see Jyske Finans , paragraph 35). | 0 |
8,121 | 114
In that context, it should be noted that it is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 296 TFEU must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, to that effect, judgments of 24 November 2005, Italy v Commission, C‑138/03, C‑324/03 and C‑431/03, EU:C:2005:714, paragraph 55, and of 19 March 2015, Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 94). | 11 ATTENDU , PAR AILLEURS , QUE LES RETARDS EVENTUELS PRIS PAR D ' AUTRES ETATS MEMBRES DANS L ' EXECUTION DES OBLIGATIONS IMPOSEES PAR UNE DIRECTIVE NE SAURAIENT ETRE INVOQUES PAR UN ETAT MEMBRE POUR JUSTIFIER L ' INEXECUTION , MEME TEMPORAIRE , DES OBLIGATIONS QUI LUI INCOMBENT ; QU ' EN EFFET , LE TRAITE NE S ' EST PAS BORNE A CREER DES OBLIGATIONS RECIPROQUES ENTRE LES DIFFERENTS SUJETS AUXQUELS IL S ' APPLIQUE , MAIS A ETABLI UN ORDRE JURIDIQUE NOUVEAU QUI REGLE LES POUVOIRS , DROITS ET OBLIGATIONS DESDITS SUJETS , AINSI QUE LES PROCEDURES NECESSAIRES POUR FAIRE CONSTATER ET SANCTIONNER TOUTE VIOLATION ; | 0 |
8,122 | 38
Secondly, as regards the desire to prevent double deduction of business expenses, which may be linked to the fight against tax evasion, suffice it to state that, by merely relying on, without further clarification, the potential risk that the expenses in question may be deducted a second time in the State of residence of the service provider, without establishing how that risk was not prevented by the implementation of Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (OJ 1977 L 336, p. 15), as amended by Council Directive 2004/106/EC of 16 November 2004 (OJ 2004 L 359, p. 30), in force at the time of the facts at issue in the main proceedings, the Portuguese Republic does not make it possible for the Court to assess the scope of that argument (see, to that effect, judgment of 24 February 2015 in Grünewald, C‑559/13, EU:C:2015:109, paragraph 52). | 52. Lastly, in relying without further explanation on the risk of the payments being deducted a second time in the recipient’s State of residence, the German Government does not enable the Court to assess the implications of that argument when it has not been claimed that that risk could not have been avoided through the application of Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (OJ 1977 L 336, p. 15), in force at the time. | 1 |
8,123 | 21
Thus, and read in the light of Article 16(a) of Directive 2000/78, pursuant to which Member States must take the measures necessary to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished, Article 3(1)(b) of that directive must be taken to mean that it also covers a tax provision such as that at issue in the main proceedings, adopted with the aim of promoting access to training for young people and, consequently, improving their position on the labour market (see, by analogy, judgment of 21 July 2005, Vergani, C‑207/04, EU:C:2005:495, paragraph 26). | 39. In that context it is incumbent upon the national authorities and courts to refuse the right of deduction where it is established, on the basis of objective evidence, that that right is being relied on for fraudulent or abusive ends (see, to that effect, Joined Cases C‑439/04 and C‑440/04 Kittel and Recolta Recycling [2006] ECR I‑6161, paragraph 55; Joined Cases C‑80/11 and C‑142/11 Mahagében and Dávid [2012] ECR I‑0000, paragraph 42; Bonik , paragraph 37; and LVK – 56 , paragraph 59). | 0 |
8,124 | 54. The depth of the Court’s review must be limited in particular where, as in the present case, the Community institutions have to reconcile divergent interests and thus select options within the context of the policy choices which are their own responsibility (see, to that effect, Case C-17/98 Emesa Sugar [2000] ECR I-675, paragraph 53). | 53 It should be borne in mind that in a sphere such as this, in which the Community institutions have a broad discretion, the lawfulness of a measure can be affected only if the measure is manifestly inappropriate having regard to the objective pursued. The Court's review must be limited in particular if the Council has to reconcile divergent interests and thus select options within the context of the policy choices which are its own responsibility (see Case C-280/93 Germany v Council [1994] ECR I-4973, paragraphs 90 and 91; Case C-44/94 Fishermen's Organisations and Others [1995] ECR I-3115, paragraph 37; and Case C-150/94 United Kingdom v Council [1998] ECR I-7235, paragraph 87). | 1 |
8,125 | 56. According to the Court’s settled case-law, the principle that projects likely to have significant effects on the environment must be subjected to an environmental assessment does not apply where the application for authorisation for a project was formally lodged before the expiry of the time-limit for transposition of a directive (see, with respect to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), Case C‑431/92 Commission v Germany [1995] ECR I‑2189, paragraphs 29 and 32, and Case C‑81/96 Gedeputeerde Staten van Noord-Holland [1998] ECR I‑3923, paragraph 23). | 38. Accordingly, Member States have a significant discretion to determine what constitutes ‘sufficient interest’ or ‘impairment of a right’ (see, to that effect, judgments in Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-Westfalen , C‑115/09, EU:C:2011:289, paragraph 55, and Gemeinde Altrip and Others , C‑72/12, EU:C:2013:712, paragraph 50). | 0 |
8,126 | 57
It follows that the present complaint is well founded only if the Commission demonstrates to a sufficient legal standard that the Republic of Bulgaria has not taken the appropriate protective measures, consisting in ensuring that the activities associated with the operation of the installations resulting from those projects, in so far as they took place after the classification of the Kaliakra and Belite Skali sites as SPAs, would not lead to deteriorations of the habitats of a number of species or cause disturbances, to the detriment of those species, likely to have significant effects having regard to the objective of the Habitats Directive of ensuring the conservation of those species (see, by analogy, judgment in Commission v Spain, C‑404/09, EU:C:2011:768, paragraph 128). | 35 That will be the position where such forms of discrimination are objectively necessary in order to avoid disturbing the financial equilibrium of the social-security system or to ensure coherence between the retirement-pension scheme and other benefit schemes (Thomas and Others, cited above, paragraph 12, and Graham and Others, cited above, paragraph 12). | 0 |
8,127 | 59. In that regard, it must be recalled that the Court has already held that the Member States are subject to special duties of action and abstention in a situation in which the Commission has submitted to the Council proposals which, although they have not been adopted by the Council, represent the point of departure for concerted Community action (see Case 804/79 Commission v United Kingdom [1981] ECR I-1045, paragraph 28). | 55. The Court has already stated that heading 1209, entitled ‘Seeds, fruits and spores, of a kind used for sowing’, relates only to plant matter having the ability to germinate and create a new plant. By contrast, heading 1212 is a residual category covering plant seeds which are intended, not to be sown, but for human consumption (judgment in Sunshine Deutschland Handelsgesellschaft , C‑229/06, EU:C:2007:239, paragraph 30). | 0 |
8,128 | 83. As to the provisions of Law No 40/2004, it is common ground that this Law was adopted after the time-limit set in the reasoned opinion. It is settled case-law that in the context of proceedings under Article 226 EC the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see, inter alia, Case C-378/98 Commission v Belgium [2001] ECR I‑5107, paragraph 25, and Case C-352/02 Commission v Greece [2003] ECR I‑5651, paragraph 8). | 32. Il convient de souligner que ces règles devant servir à déterminer ce qui est protégé par le brevet de base au sens de l’article 3, sous a), du règlement nº 469/2009 sont celles relatives à l’étendue de l’invention faisant l’objet d’un tel brevet, à l’instar de ce que prévoit, dans l’affaire au principal, la section 125 de la loi du Royaume-Uni sur les brevets de 1977. Ces règles sont également, lorsqu’il s’agit d’un brevet délivré par l’OEB, celles tirées de la CBE ainsi que du protocole interprétatif de l’article 69 de cette convention. | 0 |
8,129 | 18. In addition, contrary to what the applicant in the main proceedings claims, Article 45 TFEU may be relied on not only by workers themselves, but also by their employers. In order to be truly effective, the right of workers to be engaged and employed without discrimination necessarily entails as a corollary the employer’s entitlement to engage them in accordance with the rules governing freedom of movement for workers (see, to that effect, Case C‑208/05 ITC [2007] ECR I‑181, paragraph 23, and Case C‑379/11 Caves Krier Frères [2012] ECR I‑0000, paragraph 28). | 78. S’agissant de l’allégation selon laquelle le Tribunal aurait manifestement dénaturé le contenu du tableau 3, il y a lieu de constater, ainsi que l’indique à juste titre la Commission dans son mémoire en réponse, que la République fédérale d’Allemagne a recours, au soutien de cette allégation, à de nouveaux éléments de preuve, tels que les annexes 3 et 4 au pourvoi, qui ne sauraient être pris en compte aux fins d’une dénaturation (voir, en ce sens, arrêt PKK et KNK/Conseil, C‑229/05 P, EU:C:2007:32, point 37). | 0 |
8,130 | 30. The tax measure at issue in the main proceedings makes it less attractive for companies established in other Member States to exercise freedom of establishment and they may, in consequence, refrain from acquiring, creating or maintaining a subsidiary in the State which adopts that measure (see, to that effect, Case C-324/00 Lankhorst-Hohorst [2002] ECR I‑11779, paragraph 32, and Keller Holding , paragraph 35). | 31AS HAS BEEN STATED ABOVE , AT THE PERIOD UNDER CONSIDERATION COMMUNITY LAW CONTAINED ONLY THE PROVISIONS IN THE NATURE OF A PROGRAMME LAID DOWN BY ARTICLES 117 AND 118 OF THE TREATY , WHICH RELATE TO THE GENERAL DEVELOPMENT OF SOCIAL WELFARE , IN PARTICULAR AS REGARDS CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS .
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8,131 | 37 Furthermore, the Court has held that, although, as the law stands at present, Decision No 1/80 does not encroach upon the competence of the Member States to refuse Turkish nationals the right of entry into their territories and to take up first employment there and does not preclude those Member States, in principle, from regulating the conditions under which Turkish nationals work for up to one year as provided for in the first indent of Article 6(1) of that decision, none the less that provision cannot be construed as permitting a Member State to modify unilaterally the scope of the system of gradual integration of Turkish workers in the host State's labour force, by denying a worker who has been permitted to enter its territory and who has lawfully pursued a genuine and effective economic activity for a continuous period of more than one year with the same employer the rights which the three indents of that provision confer on him progressively according to the duration of his employment. The effect of such an interpretation would be to render Decision No 1/80 meaningless and deprive it of any practical effect (see, to that effect, the judgment in Günaydin, paragraphs 36 to 38). | 55. In the case of a measure intended to have general application, as here, the preamble may be limited to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to achieve, on the other ( Spain v Council , paragraph 28, and Netherlands v Council , paragraph 189). | 0 |
8,132 | 4 The Court held in this regard in Case C-345/89 Stoeckel [1991] ECR I-4047 that Article 5 of the directive is sufficiently precise to impose on Member States the obligation not to lay down by legislation the principle that nightwork by women is prohibited, even if that is subject to exceptions, where nightwork by men is not prohibited. Furthermore, it has repeatedly held that Article 5 is sufficiently precise and unconditional to be capable of being relied upon by an individual before a national court in order to avoid the application of any national provision not conforming to Article 5(1), which lays down the principle of equal treatment with regard to working conditions (Stoeckel, paragraph 12; Case 152/84 Marshall v Southampton and South-West Hampshire Health Authority [1986] ECR 723, paragraph 55). | 31. S’agissant de la règle de compétence spéciale prévue à l’article 5, point 1, du règlement en matière contractuelle, qui complète la règle de compétence de principe du for du domicile du défendeur, la Cour a jugé qu’elle répond à un objectif de proximité et est motivée par le lien de rattachement étroit entre le contrat et le tribunal appelé à en connaître (arrêt du 11 mars 2010, Wood Floor Solutions Andreas Domberger, C‑19/09, Rec. p. I‑2121, point 22 et jurisprudence citée). | 0 |
8,133 | 47. It must be pointed out that, with regard to the determination of a ‘significant effect on the position’ of the appellant on the market in question, the Court has had occasion to clarify that the mere fact that a measure may exercise an influence on the competitive relationships existing on the relevant market and that the undertaking concerned was in a competitive relationship with the addressee of that measure cannot in any event suffice for that undertaking to be regarded as being individually concerned by that measure (see, inter alia, Case C‑525/04 P Spain v Lenzing [2007] ECR I‑9947, paragraph 32). | 17 It should be pointed out in that regard that Article 14a of the Regulation, which lays down special rules applicable to persons, other than mariners, who are self-employed, provides, by way of exception to Article 13(2) of the Regulation, that "a person normally self-employed in the territory of two or more Member States shall be subject to the legislation of the Member State in whose territory he resides if he pursues any part of his activity in the territory of that Member State". | 0 |
8,134 | 96. Ainsi que la Cour l’a jugé à maintes reprises, un acte n’est entaché de détournement de pouvoir que s’il apparaît, sur la base d’indices objectifs, pertinents et concordants, avoir été pris exclusivement, ou à tout le moins de manière déterminante, à des fins autres que celles dont il est excipé ou dans le but d’éluder une procédure spécialement prévue par le traité pour parer aux circonstances de l’espèce (voir en ce sens, notamment, arrêts du 14 mai 1998, Windpark Groothusen/Commission, C‑48/96 P, Rec. p. I‑2873, point 52, et du 7 septembre 2006, Espagne/Conseil, C‑310/04, Rec. p. I‑7285, point 69). | 29. The expression ‘use of the mark as a trade mark’ must therefore be understood as referring solely to use of the mark for the purposes of the identification, by the relevant class of persons, of the product or service as originating from a given undertaking. | 0 |
8,135 | 38. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by-products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances –, provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 74. It follows from the very wording of Article 10(1) and from the large measure of discretion which the Framework Decision leaves to national authorities with regard to the specific means by which they implement its objectives that, in deciding to exclude the application of the mediation procedure for a particular type of offence, a choice to be made on criminal justice policy grounds, the national legislature has not exceeded its discretion (see, by analogy, Eredics and Sápi , paragraph 38). | 0 |
8,136 | 19. Concerning this form of investment, the Court has stated that national measures must be regarded as ‘restrictions’ within the meaning of Article 56(1) EC if they are liable to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see Commission v Portugal , paragraph 45; Commission v France , paragraph 41; Commission v Spain , paragraph 61; Commission v United Kingdom , paragraph 47; Commission v Italy , paragraphs 30 and 31; and Commission v Netherlands , paragraph 20). | 36. Par ailleurs, les notes explicatives du SH relatives à la position 7318 relèvent que les boulons et les vis à métaux de tout genre sont compris dans cette position «quels que soient leur forme et leur usage». L’argument selon lequel le classement de l’article en cause dans la position 7318 de la NC serait exclu au motif qu’il n’est pas conçu pour tourner sur son propre axe ne saurait, par conséquent, être retenu. | 0 |
8,137 | 82
Thus, according to the case-law of the Court, a tax cannot be hypothecated to an exemption from payment of that same tax for a category of undertakings, and thus even where those undertakings operate in competition with undertakings liable to pay the tax in question. The application of a tax exemption and its extent do not depend on the tax revenue. Thus, those liable to pay a charge cannot rely on the argument that the exemption enjoyed by other undertakings constitutes State aid in order to avoid payment of that charge or to obtain reimbursement thereof (see, to that effect, inter alia, judgment of 27 October 2005, Distribution Casino France and Others, C‑266/04 to C‑270/04, C‑276/04 and C‑321/04 to C‑325/04, EU:C:2005:657, paragraphs 41 and 42). | 67 Finally, it should be observed that, in a situation such as that at issue in the main proceedings, first, the periods during which the Turkish worker did not hold in the host Member State a valid residence or work permit were of no more than a few days and, second, he received a new permit each time, the validity of which was moreover extended on two occasions with retroactive effect to the expiry date of the (previous) permit, without the competent authorities challenging on that ground the legality of the residence of the worker in the country. | 0 |
8,138 | 31. With regard more particularly to the field of State aid, persons other than those to whom a decision is addressed who call in question the merits of a decision appraising the aid are regarded as being individually concerned by that decision where their position on the market is substantially affected by the aid which is the subject of the decision in question (see, to that effect, Cofaz and Others v Commission , paragraphs 22 to 25, and Commission v Aktionsgemeinschaft Recht und Eigentum , paragraphs 37 and 70). | 70. In this case, ARE, which is an association set up to promote the collective interests of a category of persons, can only be regarded as being individually concerned within the meaning of the Plaumann v Commission case‑law to the extent to which the position of its members in the market is substantially affected by the aid scheme covered by the contested decision (see, to that effect, Cofaz and Others v Commission [1986] ECR 391, paragraphs 22 to 25, and the order in Sveriges Betodlares Centralförening and Henrikson v Commission , paragraph 45). | 1 |
8,139 | 21
In the present case, it need merely be recalled that, even when there is case-law of the Court resolving the point of law at issue, national courts remain entirely at liberty to bring a matter before the Court if they consider it appropriate to do so, and the fact that the provisions whose interpretation is sought have already been interpreted by the Court does not deprive the Court of jurisdiction to give a further ruling (judgment of 17 July 2014, Torresi, C‑58/13 and C‑59/13, EU:C:2014:2088, paragraph 32 and the case-law cited). | 55. Article 65 EC and Regulation No 1348/2000 thus intend to establish a system for intra-Community service the purpose of which is the proper functioning of the internal market. | 0 |
8,140 | 27. However, Member States are obliged to ensure that the civil liability arising under their domestic law is covered by insurance compatible with the provisions of the three abovementioned directives ( Mendes Ferreira and Delgado Correia Ferreira , paragraph 29; Case C-356/05 Farrell [2007] ECR I-3067, paragraph 33; and Carvalho Ferreira Santos , paragraph 34). | 33. In that regard, the Court has already held that the First, Second and Third Directives do not seek to harmonise the rules of the Member States governing civil liability and that, as Community law stands at present, the Member States are free to determine the rules of civil liability applicable to road traffic accidents. However, the Member States must ensure that the civil liability arising under their domestic law is covered by insurance which complies with the provisions of the three directives in question (Case C-348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I-6711, paragraphs 23 and 29, and Case C-537/03 Candolin and Others [2005] ECR I-5745, paragraph 24). | 1 |
8,141 | 48. Accordingly, it is not contrary to European Union law to require an operator to act in good faith and to take every step which could reasonably be asked of it to satisfy itself that the transaction which it is carrying out does not result in its participation in tax fraud ( Teleos and Others , paragraph 65, and Mahagében and Dávid , paragraph 54). | 72. It must however be noted that the Regulation constitutes a measure of secondary legislation adopted for the purposes of the application of Article 87 EC and Article 88 EC, which cannot restrict the scope of those articles, particularly as the Commission derives its powers directly from them. | 0 |
8,142 | 37. Without it being necessary to determine whether that objective can fall within the definition of public policy, it need merely be pointed out in this respect that the categorical exclusion of operators whose seat is in another Member State appears disproportionate, as it goes beyond what is necessary to combat crime. There are indeed various measures available to monitor the activities and accounts of such operators (see, to that effect, Case C‑243/01 Gambelli and Others [2003] ECR I‑13031, paragraph 74; Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑1891, paragraph 62; and Commission v Spain , paragraph 39). | 74. As to the proportionality of the Italian legislation in regard to the freedom of establishment, even if the objective of the authorities of a Member State is to avoid the risk of gaming licensees being involved in criminal or fraudulent activities, to prevent capital companies quoted on regulated markets of other Member States from obtaining licences to organise sporting bets, especially where there are other means of checking the accounts and activities of such companies, may be considered to be a measure which goes beyond what is necessary to check fraud. | 1 |
8,143 | 53. However, Article 1(3) of the Framework Decision expressly states that the decision is not to have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 EU and reflected in the Charter of Fundamental Rights of the European Union (‘the Charter’), an obligation which moreover concerns all the Member States, in particular both the issuing and the executing Member States (see, to that effect, judgment in F. , C‑168/13 PPU, EU:C:2013:358, paragraphs 40 and 41). | 61
Thus, the determination of a child’s habitual residence in a given Member State requires at least that the child has been physically present in that Member State. | 0 |
8,144 | 58. The objective of undistorted competition on those markets is also pursued by the FEU Treaty, the preamble to which underlines the need for concerted action in order to guarantee, inter alia, fair competition, the ultimate aim of that action being to protect consumers. According to the Court’s settled case‑law, consumer protection constitutes an overriding reason in the public interest (Case C‑260/04 Commission v Italy [2007] ECR I‑7083, paragraph 27; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 52; and Case C‑458/08 Commission v Portugal [2010] ECR I‑11599, paragraph 89). | 36 It follows that the worker cannot claim more favourable treatment, particularly in financial terms, than he would have had if he had been duly accepted as a member. | 0 |
8,145 | 30. The Court has interpreted this passage as intended by the legislature, namely as meaning that the exercise by a person having the care of children, and, in particular, by the spouse of the person entitled in pursuance of Article 73 of Regulation No 1408/71, of a professional or trade activity in the Member State of residence of the children suspends, under Article 10 of Regulation No 574/72, the right to allowances in pursuance of Article 73 of Regulation No 1408/71 up to the amount of the allowances of the same kind actually paid by the Member State of residence, irrespective of who is designated as directly entitled to the family allowances by the legislation of the Member State of residence ( McMenamin , paragraphs 20 to 27). | 21. Il importe de rappeler, à titre liminaire, que l’exactitude de la transposition revêt une importance particulière s’agissant de la directive «oiseaux», dans la mesure où la gestion du patrimoine commun est confiée, pour leur territoire, aux États membres respectifs (voir, notamment, arrêt du 12 juillet 2007, Commission/Autriche, C‑507/04, Rec. p. I‑5939, point 92). | 0 |
8,146 | 55
Moreover, those requirements also appear in the recommendations of the Court of Justice of the European Union to national courts and tribunals in relation to the initiation of preliminary ruling proceedings (OJ 2016 C 439, p. 1) (judgment of 27 September 2017, Puškár, C‑73/16, EU:C:2017:725, point 121). | 46. It should be stressed at the outset that the fact that the Luxembourg Government has not made a declaration under Article 5 of Regulation No 1408/71 specifying the parental leave allowance provided for under Article 306 of the Code de la Sécurité Sociale as being a scheme as referred to in Article 4(1) and (2) of Regulation No 1408/71 is not proof in itself that the allowance does not fall within the scope of that regulation (see, inter alia, Case 35/77 Beerens [1977] ECR 2249, paragraph 9, and Case C‑85/99 Offermanns [1999] ECR I‑2261, paragraph 26). | 0 |
8,147 | 26. The Court has likewise held that it is essential that the national court should give at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and on the link it establishes between those provisions and the national legislation applicable to the dispute (order in Case C-116/00 Laguillaumie [2000] ECR I-4979, paragraph 16, and the judgments in Carbonati Apuani , paragraph 11, and Enirisorse , paragraph 21). | 32. Cependant, contrairement à ce que soutient la requérante, l’analyse de l’usage sérieux d’une marque antérieure ne peut pas se limiter au seul constat d’un usage de cette marque dans la vie des affaires puisqu’il doit, en outre, s’agir d’un usage sérieux conformément au libellé de l’article 43, paragraphe 2, du règlement n° 40/94. Par ailleurs, la qualification d’ «usage sérieux» d’une marque dépend des caractéristiques du produit ou du service concerné sur le marché correspondant (arrêt Ansul, EU:C:2003:145, point 39). Dès lors, toute exploitation commerciale avérée ne peut être qualifiée automatiquement d’usage sérieux de la marque en cause. | 0 |
8,148 | 47. Since the procedure laid down in Article 228(2) EC must be regarded as a special judicial procedure for the enforcement of judgments, in other words as a method of enforcement (Case C-304/02 Commission v France [2005] ECR I-6263, paragraph 92) only a failure of a Member State to fulfil its obligations under the Treaty which the Court has declared, on the basis of Article 226 EC, to be well founded may be dealt with under that procedure. | 54. However, such is not the case where, as in the case in the main proceedings, an EU measure expressly provides a case of exclusion from its scope. | 0 |
8,149 | 32. However, that fact cannot, in any event, have the effect of preventing a national court from giving full effect to the rules of European Union law which, as stated in paragraph 27 of this judgment, are applicable in the main proceedings, and more particularly to Article 27 of Directive 2004/38. Accordingly, it is the duty of the court seised to refuse, if necessary, to apply any provision of national legislation which is in conflict with European Union law, in particular by annulling an individual administrative decision adopted on the basis of such a provision (see, to that effect, inter alia, Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 31 and case-law cited). Further, the provisions of that article, which are unconditional and sufficiently precise, may be relied on by an individual vis-à-vis the Member State of which he is a national (see, by analogy, Case 41/74 van Duyn [1974] ECR 1337, paragraphs 9 to 15). | 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 |
8,150 | 51. In accordance with settled case-law of the Court, set out in paragraph 46 of this judgment, when assessing whether the principle of proportionality has been observed in the field of public health, account must be taken of the fact that a Member State has the power to determine the degree of protection which it wishes to afford to public health and the way in which that degree of protection is to be achieved. Since that degree of protection may vary from one Member State to the other, Member States must be allowed discretion (see, to that effect, Case C‑41/02 Commission v Netherlands [2004] ECR I‑11375, paragraphs 46 and 51) and, consequently, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter’s rules are disproportionate (Case C‑262/02 Commission v France , paragraph 37, and Case C‑443/02 Schreiber [2004] ECR I‑7275, paragraph 48). | 42. À cet égard, il convient de rappeler que, selon la jurisprudence de la Cour relative à l’interprétation de l’article 27 du règlement nº 44/2001, une demande qui tend à faire juger que le défendeur est responsable d’un préjudice et à le faire condamner à des dommages et intérêts, telle que l’action récursoire en cause au principal, a la même cause et le même objet qu’une action antérieure en constatation négative de ce défendeur tendant à faire juger qu’il n’est pas responsable dudit préjudice (voir, en ce sens, arrêts Tatry, précité, point 45, ainsi que du 25 octobre 2012, Folien Fischer et Fofitec, C‑133/11, point 49). | 0 |
8,151 | 82. According to settled case-law, a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations and time-limits laid down by a directive (see, in particular, Case C‑66/03 Commission v France [2003] ECR I-0000, paragraph 12). | 26 THE ADVERTISING CAMPAIGN TO ENCOURAGE THE SALE AND PURCHASE OF IRISH PRODUCTS CANNOT BE DIVORCED FROM ITS ORIGIN AS PART OF THE GOVERNMENT PROGRAMME , OR FROM ITS CONNECTION WITH THE INTRODUCTION OF THE ' ' GUARANTEED IRISH ' ' SYMBOL AND WITH THE ORGANIZATION OF A SPECIAL SYSTEM FOR INVESTIGATING COMPLAINTS ABOUT PRODUCTS BEARING THAT SYMBOL . THE ESTABLISHMENT OF THE SYSTEM FOR INVESTIGATING COMPLAINTS ABOUT IRISH PRODUCTS PROVIDES ADEQUATE CONFIRMATION OF THE DEGREE OF ORGANIZATION SURROUNDING THE ' ' BUY IRISH ' ' CAMPAIGN AND OF THE DISCRIMINATORY NATURE OF THE CAMPAIGN .
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8,152 | 71
Therefore, it is for the national court to classify the goods at issue in the main proceedings in the light of the answers given by the Court to the questions referred to it. | 16 As regards the transposition of Articles 2 and 7 of Directive 93/113, it has consistently been held that mere administrative practices, which by their nature are alterable at will by the administration and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations under the Treaty (Case C-311/95 Commission v Greece [1996] ECR I-2433, paragraph 7). | 0 |
8,153 | 84. Contrary to what to Commission contends, the second ground of the appeal is admissible. Indeed, in so far as E.ON Energie complains of an alleged contradiction between the legal rule laid down at paragraph 56 of the judgment under appeal and the implementation of that rule at paragraph 202 of that judgment, thereby casting doubt on the reasoning followed by the General Court in its application of European Union law on the burden of proof, E.ON Energie is raising a legal issue concerning the application of European Union law by the General Court (Case C‑412/05 P Alcon v OHIM [2007] ECR I‑3569, paragraph 89). | 67 Leaving aside the specific cases expressly listed in Article 13B(b) of the Sixth Directive, however, the term letting of immovable property must be construed strictly. As pointed out in paragraph 64 of this judgment, it constitutes an exception to the general VAT rules contained in that directive. | 0 |
8,154 | 64 Such conduct is incompatible with the obligation imposed upon all persons subject to Community law to acknowledge that measures adopted by the institutions are fully effective so long as they have not been declared invalid by the Court and to recognize their enforceability unless the Court has decided to suspend the operation of the said measures ( see, in particular, the judgment of 13 February 1979 in Case 101/78 Granaria v Hoofdproduktschap voor Akkerbouwprodukten (( 1979 )) ECR 623, paragraph 5 ) and cannot be justified on the basis of superior legal interests . | 35. Directive 97/13, as is clear from the first, third and fifth recitals in its preamble, is among the measures adopted for the complete liberalisation of telecommunications services and infrastructures as from 1 January 1998, which also include Directive 96/19 with regard to the implementation of full competition in telecommunications markets. To that end, Directive 97/13 establishes a common framework for general authorisations intended to make a significant contribution to the entry of new operators into the market. | 0 |
8,155 | 35. It is also apparent from the Court’s case‑law that that general objective may seek, more specifically, to ensure even distribution of healthcare providers throughout the national territory (see, to that effect, Blanco Pérez and Chao Gómez , paragraphs 64, 70 and 78). | 17 THIS COMPLEMENTARY NATURE OF ARTICLE 180 THUS CONFIRMS THE CONCLUSION THAT WHEN IN ARTICLE 179 MENTION IS MADE OF THE COMMUNITY THIS DOES NOT EXCLUDE THE BANK .
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8,156 | 43 In this connection, it should be borne in mind that the list of special situations within the meaning of Article 13(1) of Regulation No 1430/79 which Article 4 of Regulation No 3799/86 provides is, as the first subparagraph thereof expressly states, not exhaustive (see, to that effect, Covita, cited above, paragraph 31). | 16 A national rule that, where men and women who are candidates for the same promotion are equally qualified, women are automatically to be given priority in sectors where they are under-represented, involves discrimination on grounds of sex. | 0 |
8,157 | 102. It should also be noted that the Court of Justice held, at paragraph 29 of Commission v France , that no provision of European Union law requires the Commission, when ordering the recovery of aid declared incompatible with the common market, to fix the exact amount of the aid to be recovered. It is sufficient for the Commission’s decision to include information enabling the recipient to calculate the amount itself, without overmuch difficulty (see also Case C‑480/98 Spain v Commission [2000] ECR I-8717, paragraph 25, and Case C‑415/03 Commission v Greece [2005] ECR I-3875, paragraph 39). | 61 Under those circumstances, it follows clearly from the provisions of Regulation No 1612/68, in particular Articles 10 and 12 thereof, that the children of R's first husband continue to enjoy a right to reside in the host Member State as well as the right to pursue their education there under the same conditions as the nationals of that State. | 0 |
8,158 | 64
However, the Courts of the European Union must, inter alia, establish not only whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (judgments of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 76, and of 21 March 2013, Commission v Buczek Automotive, C‑405/11 P, not published, EU:C:2013:186, paragraph 50). | 47 Since, moreover, the E 101 certificate is binding on that competent institution, there can be no justification for the person who calls on that worker's services not to act upon that certificate. If he has doubts as to the validity of the certificate, that person must however inform the institution in question. | 0 |
8,159 | 17. According to settled case-law neither the origin of the funds from which the remuneration is paid nor 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, paragraph 16; and Trojani , paragraph 16). | 7. Il convient de rappeler que, 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 que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 7 juin 2007, Commission/Belgique, C‑254/05, non encore publié au Recueil, point 39). | 0 |
8,160 | 20. It is also to be noted that, according to the Court’s case-law, Article 59 of the EC Treaty requires the abolition of any restriction on the freedom to provide services imposed on the ground that the person providing a service is established in a Member State other than that in which the service is provided (see, to that effect, in particular, Case 205/84 Commission v Germany [1986] ECR 3755, paragraph 25; Case C‑180/89 Commission v Italy [1991] ECR I‑709, paragraph 15; and Case C-290/04 FKP Scorpio Konzertproduktionen [2006] ECR I-0000, paragraph 31).
The existence of a direct economic connection | 38 En effet, il résulte d'une jurisprudence constante que la notion de force majeure doit être entendue dans le sens de circonstances étrangères à celui qui l'invoque, anormales et imprévisibles, dont les conséquences n'auraient pu être évitées malgré toutes les diligences déployées (voir, notamment, arrêt du 5 février 1987, Denkavit, 145/85, Rec. p. 565, point 11). | 0 |
8,161 | 67. The fact that, as the Republic of Austria argues, there are alternative routes or other means of transport capable of allowing the goods in question to be transported does not negate the existence of an obstacle. It has been established in the case-law since the judgment of 11 July 1974 in Case 8/74 Dassonville [1974] ECR 837, paragraph 5, that Articles 28 EC and 29 EC, taken in their context, must be understood as being intended to eliminate all barriers, whether direct or indirect, actual or potential, to trade flows in intra-Community trade (see Case C‑112/00 Schmidberger [2003] ECR I-5659, paragraph 56). | 51 As the Advocate General has observed in point 11 of his Opinion, the Court of First Instance cannot, subject to its obligation to observe general principles and the Rules of Procedure relating to the burden of proof and the adducing of evidence and not to distort the true sense of the evidence, be required to give express reasons for its assessment of the value of each piece of evidence presented to it, in particular where it considers that that evidence is unimportant or irrelevant to the outcome of the dispute. | 0 |
8,162 | 74
In those circumstances, the referring courts, being bound for the purposes of the decisions to be given in the main proceedings by the interpretation of EU law given by the Court, must disapply, of their own motion, the temporal limitation which the Tribunal Supremo (Supreme Court) applied in its judgment of 9 May 2013, because that limitation does not appear to be compatible with that law (see, to that effect, judgments of 5 October 2010, Elchinov, C‑173/09, EU:C:2010:581, paragraphs 29 to 32; of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraphs 33 and 34; of 5 July 2016, Ognyanov, C‑614/14, EU:C:2016:514, paragraph 36, and of 8 November 2016, Ognyanov, C‑554/14, EU:C:2016:835, paragraphs 67 to 70). | 64. Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 90). | 0 |
8,163 | 46. It is thus clear from 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 general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 46. That presumption of relevance cannot be rebutted by the simple fact that one of the parties to the main proceedings contests certain facts, the accuracy of which is not a matter for the Court to determine and on which the delimitation of the subject-matter of those proceedings depends (see Case C‑379/05 Amurta [2007] ECR I‑9569, paragraph 65 and case-law cited). | 0 |
8,164 | 40. In that connection, it should be borne in mind that the Court has consistently held that, even if recommendations are not intended to produce binding effects and are not capable of creating rights that individuals can rely on before a national court, they are not without any legal effect. The national courts are bound to take recommendations into consideration in order to decide disputes brought before them, in particular where such recommendations cast light on the interpretation of national measures adopted in order to implement them or where they are designed to supplement binding provisions of EU law (see Case C‑322/88 Grimaldi [1989] ECR 4407, paragraphs 7, 16 and 18, and Case C‑207/01 Altair Chimica [2003] ECR I-8875, paragraph 41). | 23. However, the mere fact that one contracting party brings a civil liability claim against the other is not sufficient to consider that the claim concerns ‘matters relating to a contract’ within the meaning of Article 5(1)(a) of Regulation No 44/2001. | 0 |
8,165 | 60. Where necessary, it is for the referring court to determine whether an operator such as CopyGene is ‘of a similar nature’ to hospitals and centres for medical treatment or diagnosis. It should be noted, as the Court has already ruled, that since diagnostic medical tests, in the light of their therapeutic purpose, come within the concept of ‘medical care’ as referred to in Article 13A(1)(b) of the Sixth Directive, a laboratory governed by private law and undertaking analyses must be regarded as being an establishment ‘of a similar nature’ to ‘hospitals’ and ‘centres for medical treatment or diagnosis’ within the meaning of that provision (see L.u.P. , paragraphs 18 and 35). That being so, in the present case, CopyGene, in answer to a question at the hearing before the Court, stated in essence that, usually, it analyses cord stem cells solely in order to ascertain whether there are sufficient ‘viable’ cells to justify the preservation of the sample in question. | 36 A condition such as the employment of long-term unemployed persons is an additional specific condition and must therefore be mentioned in the notice, so that contractors may become aware of its existence . | 0 |
8,166 | Constituent des restrictions à la libre prestation des services les mesures nationales qui interdisent, gênent ou rendent
moins attrayant l’exercice de cette liberté (voir, notamment, arrêts Jobra, C‑330/07, EU:C:2008:685, point 19; Tankreederei
I, C‑287/10, EU:C:2010:827, point 15, et X, C‑498/10, EU:C:2012:635, point 22). | 41. À cet égard, si l’objectif de prévenir l’entrée et le séjour irréguliers constitue une raison impérieuse d’intérêt général, il importe également que la mesure en cause soit propre à garantir la réalisation de cet objectif et qu’elle n’aille pas au-delà de ce qui est nécessaire pour l’atteindre. | 0 |
8,167 | 78. It should be remembered at this point that while, in proceedings under Article 226 EC for failure to fulfil obligations it is for the Commission to prove the existence of the alleged infringement and to place before the Court the information necessary for it to determine whether the infringement is made out, and in so doing the Commission may not rely on any presumption (see, to this effect, inter alia Case C-494/01 Commission v Ireland [2005] ECR I-3331, paragraph 41 and the case-law cited, and Case C-441/02 Commission v Germany [2006] ECR I‑3449, paragraph 48), the Member States are required, under Article 10 EC, to facilitate the achievement of the Commission’s tasks (see, inter alia, Case C‑494/01 Commission v Ireland , paragraph 42). It follows in particular that, where the Commission has adduced sufficient evidence of certain matters in the territory of the defendant Member State, it is incumbent on the latter to challenge in substance and in detail the information produced and the consequences flowing therefrom (Case C-494/01 Commission v Ireland , paragraph 44). | 26. Although the text of the Directive does not define human embryo, nor does it contain any reference to national laws as regards the meaning to be applied to those terms. It therefore follows that it must be regarded, for the purposes of application of the Directive, as designating an autonomous concept of European Union law which must be interpreted in a uniform manner throughout the territory of the Union. | 0 |
8,168 | 53. With regard to the Italian Government’s first argument, concerning the relatively small amount of aid or the relatively small size of the undertaking which receives it, it must be pointed out that such circumstances do not as such exclude the possibility that intra-Community trade might be affected (see Case C-142/87 Belgium v Commission [1990] ECR I-959, ‘ Tubemeuse ’, paragraph 43; Joined Cases C‑278/92 to C‑280/92 Spain v Commission , cited above, paragraph 42, and Case C‑280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I‑7747, paragraph 81). | 18 The same is true of any amendment subsequent to the entry into force of the Sixth Directive which increases the extent of exclusions applicable immediately before that amendment. | 0 |
8,169 | 62. While the Court has indeed held that such an objective may be justification for the assumption by the competent institution of the costs of hospital treatment received outside the competent Member State being subject to prior authorisation by that institution (see Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 80, and Case C‑385/99 Müller-Fauré and Van Riet [2003] ECR I‑4509, paragraphs 76 to 82), considerations connected with that objective are not relevant, by contrast, where the competent institution has precisely consented, by issuing a Form E 111 or E 112, to one of its insured persons receiving hospital treatment outside the competent Member State. | 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 |
8,170 | 94. However, the General Court has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. The appraisal of the facts thus does not, save where the clear sense of the evidence before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see Joined Cases C‑280/99 P to C‑282/99 P Moccia Irme and Others v Commission [2001] ECR I‑4717, paragraph 78, and Joined Cases C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraphs 48 and 49). | 71. Furthermore, far from prohibiting the production and marketing of natural mineral waters, the legislation at issue in the main proceedings merely controls, in a very clearly defined area, the associated labelling and advertising. Thus, it does not affect in any way the actual content of the freedom to conduct a business (see, to that effect, judgment in Deutsches Weintor , C‑544/10, EU:C:2012:526, paragraphs 57 and 58). | 0 |
8,171 | 74. It should be observed, inter alia, in that regard that, given that the 1997 decision, in authorising that scheme, was derogating from the general principle, set out in Article 87(1) EC, that State aid is incompatible with the common market, such an operator could not reasonably expect that that decision would authorise the grant of aid even after the date indicated therein, contrary to the principle that such exceptions are to be strictly interpreted (see Case C-277/00 Germany v Commission [2004] ECR I‑3925, paragraph 20, and Joined Cases C‑346/03 and C‑529/03 Atzeni and Others [2006] ECR I‑1875, paragraph 79). | 31. Lastly, in order to determine the scope of the provisions at issue the aim of Regulation No 800/1999 is of the utmost importance. According to recital 63 in the preamble to that regulation, those provisions are intended to combat irregularities and notably fraud harmful to the Community budget and the penalties are designed to encourage exporters to comply with Community rules. | 0 |
8,172 | 29 Articles 55 of the EC Treaty (now Article 45 EC) and 56 of the EC Treaty (now, after amendment, Article 46 EC), which are applicable in this area by virtue of Article 66 of the EC Treaty (now Article 55 EC), allow restrictions justified by a connection, even if occasional, with the exercise of official authority or for reasons of public policy, public security or public health. Moreover, according to the case-law of the Court (see, to that effect, Case C-288/89 Collectieve Antennevoorziening Gouda and Others [1991] ECR I-4007, paragraphs 13 to 15), restrictions on the freedom to provide services deriving from national measures which apply without distinction are acceptable only if those measures are justified by overriding reasons relating to the public interest, are suitable for securing the attainment of the objective which they pursue and do not go beyond what is necessary in order to attain it. | 67 If the repackaging is carried out in conditions which cannot affect the original condition of the product inside the packaging, the essential function of the trade mark as a guarantee of origin is safeguarded. Thus, the consumer or end user is not misled as to the origin of the products, and does in fact receive products manufactured under the sole supervision of the trade mark owner. | 0 |
8,173 | 51
However, in order for the Court of Justice to be able to review the judgments of the General Court, those judgments must be sufficiently reasoned and, as regards the assessment of the damage, indicate the criteria taken into account for the purposes of determining the amount decided upon (judgments of 14 May 1998, Council v de Nil and Impens, C‑259/96 P, EU:C:1998:224, paragraphs 32 and 33, and of 9 September 1999, Lucaccioni v Commission, C‑257/98 P, EU:C:1999:402, paragraph 35; and order of 3 September 2013, Idromacchine and Others v Commission, C‑34/12 P, not published, EU:C:2013:552, paragraph 80). | 11 SUCH SPORADIC AND BRIEF ABSENCES FROM THE COUNTRY OF EMPLOYMENT , WHICH MOREOVER WERE NOT ACCOMPANIED BY ANY INTENTION ON THE PART OF THE PERSON CONCERNED TO ESTABLISH THE PERMANENT CENTRE OF HIS INTERESTS IN ANOTHER STATE , CANNOT BE CONSIDERED SUFFICIENT TO DEPRIVE THE APPLICANT ' S RESIDENCE IN THE STATE OF EMPLOYMENT OF ITS HABITUAL NATURE WITHIN THE MEANING OF THE RELEVANT PROVISION OF THE STAFF REGULATIONS .
| 0 |
8,174 | 53. As regards the freedom to provide services, it is settled case-law that, first, the activity of operating gaming machines must, irrespective of whether or not it is separable from activities relating to the manufacture, importation and distribution of such machines, be considered a service within the meaning of the Treaty provisions and, secondly, national legislation which only authorises the operation and playing of games in casinos constitutes a barrier to the freedom to provide services (see, to that effect, Case C-6/01 Anomar and Others [2003] ECR I-8621, paragraphs 56 and 75). | 24. Furthermore, notwithstanding a temporary interruption of the employment relationship a Turkish worker continues to be duly registered as belonging to the labour force in the host Member State, for the purposes of Article 6(1) of Decision No 1/80, during the period which is reasonably necessary for him to find other paid employment, regardless of the cause of the absence of the person concerned from the labour force provided that that absence is temporary (Case C-383/03 Dogan [2005] ECR I-6237, paragraphs 19 and 20). | 0 |
8,175 | 28. However, the Court has also accepted that a non-resident taxpayer, whether employed or self-employed, who receives all or almost all of his income in the State where he works is objectively in the same situation so far as concerns income tax as a resident of that State who does the same work there. Both are taxed in that State alone and their taxable income is the same (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 20). | 43. As the Court has held, the fact that a used substance is a production residue is, as a rule, evidence that it has been discarded or of an intention or requirement to discard it, within the meaning of Article 1(a) of Directive 75/442 (see ARCO Chemie Nederland , cited above, paragraph 84). The same appraisal must apply as regards consumption residues. | 0 |
8,176 | 22. Furthermore, it must be recalled that, under the first subparagraph of Article 1 of the Brussels Convention, the Convention is to apply, whatever court is seised, ‘in civil and commercial matters’ but ‘shall not extend, in particular, to revenue, customs or administrative matters’. It is clear from settled case-law that the concept of ‘civil and commercial matters’ must be regarded as an independent concept which must be interpreted by referring to the objectives and scheme of that convention and the general principles which stem from the corpus of the national legal systems. Therefore, in particular, the scope of the Convention must be essentially determined either by reason of the legal relationships between the parties to the action or of the subject-matter of the action (see, in particular, Case 814/79 Rüffer [1980] ECR 3807, paragraphs 7 and 14). | 61 Finally, it must be added that, in any event, the issue of a residence permit does not constitute the basis of the right of residence which is conferred directly by Decision No 1/80, and that is so irrespective of whether the authorities of the host Member State have issued that particular document, which is merely evidence of the existence of that right. | 0 |
8,177 | 44. However, the interpretation given to the provisions of European Union law, including Treaty provisions, concerning the internal market cannot be automatically applied by analogy to the interpretation of an agreement concluded by the European Union with a non-Member State, unless there are express provisions to that effect laid down by the agreement itself (see, to that effect, Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 16; Case C-351/08 Grimme [2009] ECR I-10777, paragraph 29; and Case C-70/09 Hengartner and Gasser [2010] ECR I-7233, paragraph 42). | 28
It follows, in accordance with Article 7(2) of Directive 2003/88, that a worker who has not been able to take all his entitlement to paid annual leave before his employment relationship has ended, is entitled to allowance in lieu of paid annual leave not taken. In that respect, the reason for which the employment relationship has ended is not relevant. | 0 |
8,178 | 17. However, the referring court, still implicitly relying on the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), adopts the analysis in paragraphs 66 to 81 of that judgment and consequently considers that neither the addendum at issue nor the order extending the agreement is unlawful from the point of view of Articles 102 TFEU and 106 TFEU. It also rejects, as unrelated to those articles, the complaint that the appointment of the insurer was not preceded by any call for tenders. | 47. The obligation on the national court to refer to the content of a framework decision when interpreting the relevant rules of its national law ceases when the latter cannot receive an application which would lead to a result compatible with that envisaged by that framework decision. In other words, the principle of conforming interpretation cannot serve as the basis for an interpretation of national law contra legem . That principle does, however, require that, where necessary, the national court consider the whole of national law in order to assess how far it can be applied in such a way as not to produce a result contrary to that envisaged by the framework decision. | 0 |
8,179 | null | 59. It is true that the right to consult the administrative file in the context of a review procedure, opened in accordance with Article 88(2) EC, and the right of access to documents, pursuant to Regulation No 1049/2001 are legally distinct, but the fact remains that they lead to a comparable situation from a practical point of view. Whatever the legal basis on which it is granted, access to the file enables the interested parties to obtain all the observations and documents submitted to the Commission, and, where appropriate, adopt a position on those matters in their own observations, which is likely to modify the nature of such a procedure. | 0 |
8,180 | 34 In the present case, even though the charge is levied in accordance with a sliding scale, the amount of tax payable increases in direct proportion to the nominal value of the capital raised. Moreover, given that in the case of values above PTE 10 000 000 the charge is levied at the not inconsiderable rate of 0.3%, and that no upper limit has been set, the amount payable could be substantial (Modelo I, paragraph 31). | 69. Article 43 EC is one of the fundamental provisions of European Union law (see, to that effect, inter alia, Reyners , paragraph 43). | 0 |
8,181 | 18 It follows that the owner of a trade mark protected by the legislation of a Member State cannot rely on that legislation in order to oppose the importation or marketing of a product which was put on the market in another Member State by him or with his consent (see, in particular, Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11; HAG II, paragraph 12; and IHT Internationale Heiztechnik, paragraphs 33 and 34). | 29. In accordance with everyday language, the words ‘extraordinary circumstances’ literally refer to circumstances which are ‘out of the ordinary’. In the context of air transport, they refer to an event which is not inherent in the normal exercise of the activity of the carrier concerned and is beyond the actual control of that carrier on account of its nature or origin ( Wallentin-Hermann , paragraph 23). In other words, as the Advocate General noted in point 34 of his Opinion, they relate to all circumstances which are beyond the control of the air carrier, whatever the nature of those circumstances or their gravity. | 0 |
8,182 | 31 It is for the national court, which alone has direct knowledge of the procedural rules governing actions in domestic law, to examine whether that is the case (see, in that regard, in particular, Levez, cited above, paragraphs 39, 50 and 53, and Case C-78/98 Preston and Others [2000] ECR I-3201, paragraphs 49 and 56). | 32. Contrairement à la situation qui était en cause dans l’affaire ayant donné lieu à l’arrêt du 26 mars 2009, SELEX Sistemi Integrati/Commission (C‑113/07 P, Rec. p. I‑2207, point 76), les SOA n’exercent pas une mission de normalisation. Ces entreprises ne disposent d’aucun pouvoir décisionnel se rattachant à l’exercice de prérogatives de puissance publique. | 0 |
8,183 | 36. Selon une jurisprudence constante, la détermination de la signification et de la portée des termes pour lesquels le droit de l’Union ne fournit aucune définition doit être établie conformément au sens habituel de ceux-ci dans le langage courant, tout en tenant compte du contexte dans lequel ils sont utilisés et des objectifs poursuivis par la réglementation dont ils font partie (voir, en ce sens, arrêts du 3 avril 2008, Endendijk, C‑187/07, Rec. p. I‑2115, point 15; du 22 janvier 2009, Association nationale pour la protection des eaux et rivières et OABA, C‑473/07, Rec. p. I‑319, points 23 et 24, ainsi que du 15 décembre 2011, Møller, C‑585/10, non encore publié au Recueil, point 25). | 22 The fact that the pursuit of an activity such as that at issue in the main proceedings involves the use of public powers, such as authorising or restricting parking on a public highway or penalising by a fine the exceeding of the authorised parking time, shows that this activity is subject to a public law regime. | 0 |
8,184 | 29. A Member State's failure to fulfil obligations may, in principle, be established under Article 226 EC whatever the agency of that State whose action or inaction is the cause of the failure to fulfil its obligations, even in the case of a constitutionally independent institution (Case 77/69 Commission v Belgium [1970] ECR 237, paragraph 15). | 62. As stated in paragraph 36 of the judgment in Zenatti , the restrictions must in any event reflect a concern to bring about a genuine diminution of gambling opportunities, and the financing of social activities through a levy on the proceeds of authorised games must constitute only an incidental beneficial consequence and not the real justification for the restrictive policy adopted. | 0 |
8,185 | 39 In the event of the employee deciding of his own accord not to continue with the contract of employment or employment relationship with the transferee, it is for the Member States to determine what the fate of the contract of employment or employment relationship should be. The Member States may provide, in particular, that in such a case the contract of employment or employment relationship must be regarded as terminated either by the employee or by the employer. They may also provide that the contract or employment relationship should be maintained with the transferor (Joined Cases C-171/94 and C-172/94 Merckx and Neuhuys [1996] ECR I-1253, paragraph 35). | 28. The Court went on to hold, in paragraph 64 of Il Ponte Finanziaria v OHIM , that no consumer can be expected, in the absence of use of a sufficient number of trade marks capable of constituting a ‘family’ or a ‘series’, to detect a common element in such a family or series and/or to associate with that family or series another trade mark containing the same common element. Accordingly, in order for there to be a likelihood that the public may be mistaken as to whether the trade mark applied for belongs to a ‘family’ or ‘series’, the earlier trade marks which are part of that ‘family’ or ‘series’ must be present on the market. | 0 |
8,186 | 57. In that regard, it should first be noted that, even where waste has undergone a complete recovery operation which has the consequence that the substance in question has acquired the same properties and characteristics as a raw material, that substance may none the less be regarded as waste if, in accordance with the definition in Article 3(1) of the directive, its holder discards it or intends or is required to discard it (see, to that effect Joined Cases C‑418/97 and C‑419/97 ARCO Chemie Nederland and Others [2000] ECR I‑4475, paragraph 94, and Case C‑9/00 Palin Granite and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, paragraph 46). It is for the referring court to carry out the assessments necessary in that regard. | 56. The Court has thus held that the fact that an undertaking was at the origin of the complaint which led to the opening of the formal examination procedure, the fact that its views were heard and the fact that the conduct of that procedure was largely determined by its observations are factors which are relevant to assessment of the locus standi of that undertaking (see Cofaz and Others v Commission , paragraphs 24 and 25). | 0 |
8,187 | 38 However, the Court has consistently held that 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. Dismissal of a request from a national court is possible where it is clear that the interpretation of Community law or the consideration of the validity of a Community rule, requested by that court, has no bearing on the real situation or on the subject-matter of the case in the main proceedings (see in particular the judgments in Case C-67/91 Asociación Española de Banca Privada and Others [1992] ECR I-4785, paragraphs 25 and 26; Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others [1994] ECR 711, paragraph 17, and Case C-62/93 BP Soupergaz [1995] ECR I-1883, paragraph 10). | 47. It is however necessary to point out that an important legislative amendment occurred in this field with the entry into force of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1). The 11th recital in the preamble to that regulation states that it is necessary to avoid duplication with Regulation No 1774/2002, which already contains provisions covering the overall consignment, channelling and movement (collection, transport, handling, processing, use, recovery or disposal, record keeping, accompanying documents and traceability) of animal by-products within, into and out of the Community. | 0 |
8,188 | 66
In that regard, it must be borne in mind that, by virtue of the Court’s case-law, the principle of fiscal neutrality inherent in the common system of VAT precludes the taxation of a taxable person’s business activities leading to double taxation (see, to that effect, judgments of 23 April 2009, Puffer, C‑460/07, EU:C:2009:254, paragraph 46, and of 22 March 2012, Klub, C‑153/11, EU:C:2012:163, paragraph 42). | 44. Or, ainsi que la Cour l’a déjà souligné, lorsqu’un État membre a singulièrement fait le choix dans le cadre du ou de ses «plans de gestion des déchets», au sens de l’article 7, paragraphe 1, de la directive 2006/12, d’organiser la couverture de son territoire sur une base régionale, il convient d’en déduire que chaque région dotée d’un plan régional devra assurer, en principe, le traitement et l’élimination de ses déchets au plus près du lieu de leur production. En effet, le principe de correction, par priorité à la source, des atteintes à l’environnement, principe établi pour l’action de l’Union en matière d’environnement à l’article 191 TFUE, implique qu’il appartient à chaque région, commune ou autre entité locale de prendre les mesures appropriées afin d’assurer la réception, le traitement et l’élimination de ses propres déchets et que ceux-ci doivent donc être éliminés aussi près que possible du lieu de leur production, en vue de limiter leur transport autant que faire se peut (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 67). | 0 |
8,189 | 21 As the Court found in that judgment, the Directive contains no express definition of that phrase (paragraph 26). | 98. Il en a déduit, au point 186 dudit arrêt, qu’«il était loisible à la Commission de fixer un taux unique pour toute la durée de l’infraction unique et continue et de ne pas prendre en compte l’évolution de cette infraction dans le temps comme circonstance atténuante». | 0 |
8,190 | 69. In that respect, it should be noted that, admittedly, the Court has previously accepted that the need to preserve the coherence of a tax system may justify legislation restricting fundamental freedoms (see Test Claimants in the FII Group Litigation , paragraph 57 and the case-law cited). However, for an argument based on such justification to succeed, a direct link has to be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see Manninen , paragraph 42, and Santander Asset Management SGIIC and Others , paragraph 51 and the case-law cited), the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question (see, to that effect, Case C‑418/07 Papillon [2008] ECR I‑8947, paragraph 44; Case C‑303/07 Aberdeen Property Fininvest Alpha [2009] ECR I‑5145, paragraph 72; and Test Claimants in the FII Group Litigation , paragraph 58). | 78. In those circumstances, since the Commission has not proved that the United King dom, other than in respect of Gibraltar, has failed to fulfil its obligations under Article 12(1)(d) of the Habitats Directive, this part of the complaint cannot be upheld. | 0 |
8,191 | 42. Thus the preservation of the allocation of the power to impose taxes between Member States might make it necessary to apply to the economic activities of companies established in one of those States only the tax rules of that State in respect of both profits and losses ( Marks & Spencer , paragraph 45). | 33. According to settled case-law, Article 43 EC precludes any national measure which, even though it is applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by Community nationals of the freedom of establishment that is guaranteed by the Treaty (see, inter alia, Case C‑299/02 Commission v Netherlands [2004] ECR I‑9761, paragraph 15, and Case C‑140/03 Commission v Greece [2005] ECR I‑3177, paragraph 27). | 0 |
8,192 | 62. Furthermore, the Court has subsequently recognised, in Asemfo (paragraphs 56 to 61), that in certain circumstances the condition relating to the control exercised by the public contracting authority could be satisfied where such an authority held only 0.25% of the capital in a public undertaking ( Coditel Brabant , paragraph 53). | 15. With regard to judicial competence, the Regulation provides, in Article 3, that two criteria correspond to two different types of proceedings. According to paragraph 1 of that article, the centre of the debtor’s main interests, presumed to be the place of the company’s registered office, gives jurisdiction to the courts of the Member State in which it is situated to initiate the ‘main’ proceedings, which produce universal effects in that the proceedings apply to the debtor’s assets situated in all the Member States in which the Regulation applies. Under Article 3(2) ‘secondary’ or ‘territorial’ proceedings may be opened by the courts of the Member State where the debtor has an establishment, the effects of which are restricted to the assets of the debtor situated in the territory of that Member State (see, to that effect, Case C‑341/04 Eurofood IFSC [2006] ECR I‑3813, paragraph 28, and Case C‑112/10 Zaza Retail [2011] ECR I-0000, paragraph 17). | 0 |
8,193 | 20. A question relating to the jurisdiction of the courts of the European Union must be raised by the Court of its own motion even if none of the parties has asked it to do so (see, to that effect, judgments in Germany v High Authority , 19/58, EU:C:1960:19, p. 488, and Ferriera Valsabbia and Others v Commission , 154/78, 205/78, 206/78, 226/78 to 228/78, 263/78, 264/78, 31/79, 39/79, 83/79 and 85/79, EU:C:1980:81, paragraph 7). In addition, the parties were invited to submit their observations on that question, which was raised by the Court of its own motion. | 40. However, the fact that the applicant knows or must know that a third party has long been using, in at least one Member State, an identical or similar sign for an identical or similar product capable of being confused with the sign for which registration is sought is not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. | 0 |
8,194 | 59. In that connection, it must be observed that, according to settled case-law, the fact that an activity referred to in a directive does not yet exist in a Member State cannot release that State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed (Case C‑339/87 Commission v Netherlands [1990] ECR I-851, paragraph 22; Case C‑214/98 Commission v Greece [2000] ECR I-9601, paragraph 22; Case C‑372/00 Commission v Ireland [2001] ECR I-10303, paragraph 11; and Case C‑441/00 Commission v United Kingdom [2002] ECR I-4699, paragraph 15). | 9 It is apparent from the reference for a preliminary ruling that under Netherlands law an oproepcontract is a means of recruiting workers in sectors, such as the hotel trade, where the volume of work is subject to seasonal variations. Under such a contract, no guarantee is given as to the hours to be worked and, often, the person involved works only a very few days per week or hours per day. The employer is liable to pay wages and grant social advantages only in so far as the worker has actually performed work. Furthermore, the Netherlands Government stated at the hearing that under such an oproepcontract the employee is not obliged to heed the employer' s call for him to work. | 0 |
8,195 | 68
Nevertheless, far from putting the proportionality of Article 6(2)(a) of Implementing Decision 2015/789 into question, the fact that the Commission limited the obligation to remove host plants at a radius of 100 metres, although the vectors are capable of spreading the bacterium beyond that distance, shows, on the contrary, that that obligation was limited to what is necessary for attaining the objective sought (see, by analogy, judgment of 12 July 2001, Jippes and Others, C‑189/01, EU:C:2001:420, paragraph 120). | 28. However, the right of free movement of Union citizens is not unconditional but may be subject to the limitations and conditions imposed by the Treaty and by the measures adopted to give it effect (see, inter alia, Jipa , paragraph 21 and case-law cited). | 0 |
8,196 | 17 In the second part of the first limb of the plea, the appellant criticises the Court of First Instance for having confused two totally independent compensation schemes subject to different criteria and governed by different systems of reparation: on the one hand, a lump-sum assessment scheme (Article 73 of the Staff Regulations) and, on the other, a scheme based on liability under ordinary law whereby compensation for damage is commensurate with the faults committed by the authority responsible. Comparison of the damage in question under those two schemes is possible only if the factors underlying it, namely permanent total invalidity in the case of Article 73 of the Staff Regulations and the examination of the faults which the Commission is accused of having committed in the case of the scheme based on liability, have been established at the outset. It is, after all, by reference to the faults committed by the Commission that the causal link and the damage suffered by the victim are measured. | 23. It must be noted, as a preliminary point, that Article 7 of Decision No 1/80 forms an integral part of European Union law (see Case C‑192/89 Sevince [1990] ECR I‑3461, paragraphs 8 and 9). The Member States are thus bound by obligations arising under that provision in precisely the same way as they are under a duty to observe rights established by European Union legislation. | 0 |
8,197 | 42
Thirdly, as regards consideration of the first question in the light of the principle of effectiveness, it should be recalled that the Court has stated that 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 taxpayer and the authorities concerned. Such periods are not by their nature liable to make it virtually impossible or excessively difficult to exercise the rights conferred by EU law, even if the expiry of those periods necessarily entails the dismissal, in whole or in part, of the action brought (see, to that effect, judgments of 17 July 1997, Haahr Petroleum, C‑90/94, EU:C:1997:368, paragraph 48, and of 8 September 2011, Q-Beef and Bosschaert, C‑89/10 and C‑96/10, EU:C:2011:555, paragraph 36). In that context, a national limitation period of three years appears to be reasonable (see, to that effect, judgments of 11 July 2002, Marks & Spencer, C‑62/00, EU:C:2002:435, paragraph 35, and of 15 April 2010, Barth, C‑542/08, EU:C:2010:193, paragraph 28.) | 21. It follows that for the right in question to be exhausted, two conditions must be fulfilled: first, the original of a work or copies thereof must have been placed on the market by the rightholder or with his consent and, second, they must have been placed on the market in the Community. | 0 |
8,198 | En l’absence de réglementation de l’Union en matière de restitution d’impôts nationaux indûment perçus, il appartient à chaque
État membre, en vertu du principe de l’autonomie procédurale, de désigner les juridictions compétentes et de régler les modalités
procédurales des recours en justice destinés à assurer la sauvegarde des droits que les contribuables tirent du droit de l’Union
(voir, notamment, arrêt du 6 octobre 2015, Târșia, C‑69/14, EU:C:2015:662, point 26 et jurisprudence citée). | 34. Furthermore, it would be contrary not only to the clear wording of that provision but also to its objective — which is to ensure, through a broad definition of the concept of ‘controller’, effective and complete protection of data subjects — to exclude the operator of a search engine from that definition on the ground that it does not exercise control over the personal data published on the web pages of third parties. | 0 |
8,199 | 16. According to both the Jenard Report on the Brussels Convention (OJ 1979 C 59, p. 1, at p. 35) and the case-law, the essential reason for conferring exclusive jurisdiction on the courts of the Contracting State in which the property is situated is that the courts of the locus rei sitae are the best placed, for reasons of proximity, to ascertain the facts satisfactorily, by carrying out checks, inquiries and expert assessments on the spot, and to apply the rules and practices which are generally those of the State in which the property is situated (see, in particular, Sanders , paragraph 13, Reichert and Kockler , paragraph 10, and Dansommer , paragraph 27). That report also states, with specific regard to the rule of exclusive jurisdiction in the matter of tenancies of immovable property in Article 16(1), that the Convention draftsmen intended it to cover, inter alia, disputes over compensation for damage caused by tenants ( Dansommer , cited above, paragraph 28). | 10 In that regard, it is necessary to take into consideration the fact that the essential reason for conferring exclusive jurisdiction on the courts of the Contracting State in which the property is situated is that the courts of the locus rei sitae are the best placed, for reasons of proximity, to ascertain the facts satisfactorily and to apply the rules and practices which are generally those of the State in which the property is situated ( judgments of 14 December 1977 in Sanders v Van der Putte, cited above, and of 15 January 1985 in Case 241/83 Roesler v Rottwinkel (( 1985 )) ECR 99 ). | 1 |
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