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8,200 | 64 Furthermore, the question whether a statement of reasons satisfies the requirements must be assessed with reference not only to the wording of the impugned measure but also to its context and to the whole body of legal rules governing the matter in question. Consequently, if the contested measure clearly discloses the essential objective pursued by the institution, it would be excessive to require a specific statement of reasons for each of the technical choices made by the institution (Case C-122/94 Commission v Council [1996] ECR I-881, paragraph 29). | 17 It follows from that provision that the directive applies only to water supplied for human consumption and to water used in foodstuffs by a food production undertaking and that water from private sources of supply is excluded from its scope . | 0 |
8,201 | 41
As regards the Parliament’s argument that the procedure set out in Article 25(2) of Decision 2008/615 could no longer be applied after the Treaty of Lisbon had entered into force, it must be recalled that the Protocol on transitional provisions includes provisions dealing specifically with the legal rules applicable, after that Treaty had entered into force, to acts adopted on the basis of the EU Treaty before that date (judgment of 10 September 2015, Parliament v Council, C‑363/14, EU:C:2015:579, paragraph 68 and the case-law cited). | 19. À titre liminaire, il convient de rappeler que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne peuvent être pris en compte par la Cour (voir, notamment, arrêts du 11 janvier 2007, Commission/Irlande, C‑183/05, Rec. p. I‑137, point 17, et du 14 octobre 2010, Commission/Autriche, C‑535/07, non encore publié au Recueil, point 22). | 0 |
8,202 | 31. Therefore, it is solely for the national authorities, under the supervision of the courts, to determine the criteria for the distinction between economic and non-economic activities reflecting the part of the input expenditure actually to be attributed, respectively, to those two types of activity, having regard to the aims and broad logic of the Sixth Directive (judgment in Securenta , C‑437/06, EU:C:2008:166, paragraph 39). | 21. Therefore, Community law does not require a national court to disapply domestic rules of procedure conferring finality on a decision, even if to do so would enable it to remedy an infringement of Community law by the decision at issue (see, to that effect, Case C-126/97 Eco Swiss [1999] ECR I-3055, paragraphs 46 and 47). | 0 |
8,203 | 80. The fact that the reseller, through its advertising based on a sign identical with, or similar to, the trade mark, gives the impression that there is a commercial connection between the reseller and the trade mark proprietor, and in particular that the reseller’s business is affiliated to the proprietor’s distribution network or that there is a special relationship between the two undertakings, also constitutes a legitimate reason within the meaning of Article 7(2) of Directive 89/104. Advertising which is liable to give such an impression is not essential to the further commercialisation of goods placed on the market under the trade mark by its proprietor or with his consent or, therefore, to the purpose of the exhaustion rule laid down in Article 7 of Directive 89/104 (see, to that effect, BMW , paragraphs 51 and 52, and Case C‑348/04 Boehringer Ingelheim and Others [2007] ECR I‑3391, paragraph 46). | 22. En deuxième lieu, il convient d’examiner si la modification considérée relève de l’une des hypothèses mentionnées à l’article 30, paragraphe 4, premier alinéa, sous a), dudit règlement, à savoir affecter la nature ou les conditions de mise en œuvre de l’opération concernée ou procurer un avantage indu à une entreprise ou à une collectivité publique, ces hypothèses portant sur les effets de la modification en question. | 0 |
8,204 | 67. Where, however, a Member State has chosen not to tax recipient companies established in its territory in respect of this kind of income, it cannot rely on the argument that there is a need to safeguard the balanced apportionment of the power to tax between the Member States in order to justify the taxation of recipient companies established in another Member State ( Amurta , paragraph 59). | 74
It must therefore be held that the concept of ‘trial resulting in the decision’, within the meaning of Article 4a(1) of Framework Decision 2002/584, must be understood as referring to the proceeding that led to the judicial decision which finally sentenced the person whose surrender is sought in connection with the execution of a European Arrest Warrant. | 0 |
8,205 | 55. The Court has already held that the acts referred to in Article 12(1)(d) of the Directive include non-deliberate acts (see Commission v United Kingdom , paragraphs 73 to 79). By not limiting the prohibition laid down in Article 12(1)(d) of the Directive to deliberate acts, which it has done in respect of acts referred to in Article 12(1)(a) to (c), the Community legislature has demonstrated its intention to give breeding grounds or resting places increased protection against acts causing their deterioration or destruction. Given the importance of the objectives of protecting biodiversity which the Directive aims to achieve, it is by no means disproportionate that the prohibition laid down in Article 12(1)(d) is not limited to deliberate acts. | 79. As regards Gibraltar, suffice it to state that the United Kingdom acknowledges that, by prohibiting only the deliberate damaging or destruction of breeding sites or resting places of the species concerned, the legislation applicable in Gibraltar does not satisfy the requirements of Article 12(1)(d). Accordingly this part of the complaint must be held to be well founded. | 1 |
8,206 | 48. In respect of shareholdings not covered by Directive 90/435, it is for the Member States to determine whether, and to what extent, economic double taxation or a series of charges to tax on distributed profits is to be avoided and, for that purpose, to establish, either unilaterally or by conventions concluded with other Member States, procedures intended to prevent or mitigate such economic double taxation or series of charges to tax. However, this does not of itself mean that the Member States are entitled to impose measures that contravene the freedoms of movement guaranteed by the EC Treaty (see Test Claimants in Class IV of the ACT Group Litigation , paragraph 54; Amurta , paragraph 24; Commission v Italy , paragraph 31; and Commission v Spain , paragraph 40). | 62. In those circumstances, it should be remembered that, in proceedings under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court (see, in particular, Case C‑326/00 IKA [2003] ECR I‑1703, paragraph 27 and case-law cited). | 0 |
8,207 | 30 In that respect, the case-law has consistently held that all the provisions of Regulation No 1408/71 are to be interpreted in the light of the objective of Article 51 of the Treaty, which is to contribute, by means, inter alia, of the aggregation of insurance, residence or employment periods, to establishment of freedom of movement for workers (to that effect, see Case C-406/93 Reichling v INAMI [1994] ECR I-4061, paragraph 21; Case C-481/93 Moscato v Bestuur van de Nieuwe Algemene Bedrijfsvereniging [1995] ECR I-3525, paragraph 27; Case C-482/93 Klaus v Bestuur van de Nieuwe Algemene Bedrijfsvereniging [1995] ECR I-3551, paragraph 21). | 47 It is sufficient to note in that regard that an infringement of national legislation on secondary residences such as that at issue in the main proceedings may be penalised by a fine, by a decision requiring the acquirer to terminate the unlawful use of the land forthwith under penalty of its compulsory sale, or by a declaration that the sale is void resulting in the reinstatement in the land register of the entries prior to the acquisition of the property. Moreover, it is clear from the Austrian Government's replies to the questions from the Court that Austrian law provides for mechanisms of that kind. | 0 |
8,208 | 25. As the Court has already held in paragraph 25 of Gravier , cited above, the conditions of access to vocational training fall within the scope of the Treaty (see also Case 24/86 Blaizot [1988] ECR 379, paragraph 11; Case 42/87 Commission v Belgium [1988] ECR 5445, paragraph 7; and Case C-295/90 Parliament v Council [1992] ECR I-4193, paragraph 15). Article 149(2) EC, second indent, expressly provides that Community action is to be aimed at encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study. Further, Article 150(2) EC, third indent, provides that Community action is to aim to facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people. | 22. Quant à l’existence de restrictions aux mouvements de capitaux au sens de l’article 63, paragraphe 1, TFUE, il convient de rappeler que les mesures interdites par cette disposition comprennent celles qui sont de nature à dissuader les non-résidents de faire des investissements dans un État membre ou à dissuader les résidents dudit État membre d’en faire dans d’autres États (voir arrêts du 25 janvier 2007, Festersen, C‑370/05, Rec. p. I‑1129, point 24; du 18 décembre 2007, A, C‑101/05, Rec. p. I‑11531, point 40; du 22 janvier 2009, STEKO Industriemontage, C‑377/07, Rec. p. I‑299, point 23, ainsi que Busley et Cibrian Fernandez, précité, point 20). | 0 |
8,209 | 28 To answer those questions, it must be borne in mind at the outset that association of the OCTs with the Community is to be achieved by a dynamic and progressive process which may necessitate the adoption of a number of measures in order to attain all the objectives mentioned in Article 132 of the Treaty, having regard to the experience acquired through the Council's previous decisions (see Case C-310/95 Road Air v Inspecteur der Invoerrechten en Accijnzen [1997] ECR I-2229, paragraph 40, and Case C-390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 36). | 32. Second, as the Advocate General noted at points 52 and 54 of her Opinion, the terms ‘facilities’ and ‘install’ refer to the physical infrastructure enabling provision of electronic communications networks and services and to their physical installation on the public or private property concerned. | 0 |
8,210 | 45. Since the contested legislation runs counter to the provisions of the Treaty and the EEA Agreement on freedom of movement for persons, there is no need for a separate examination of that legislation in the light of Article 56(1) EC and Article 41 of the EEA Agreement (see, by analogy, Case C-483/99 Commission v France [2002] ECR I-4781, paragraph 56).
Costs | 42. Accordingly, Directive 1999/70 and the framework agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer ( Del Cerro Alonso , paragraph 28). | 0 |
8,211 | 37. As regards whether the circumstances that a marketing authorisation issued following a simplified procedure is personal and that an importer is obliged to name with his own brand name the product which is a parallel import and to pay a charge of EUR 800 under such a procedure are in compliance with Community law, it must be stated that it is for the competent national authorities to ensure that the primary objective of the Community legislation, namely the safeguarding of human and animal health and of the environment, is fully complied with. Nevertheless, the principle of proportionality requires that, in order to protect the free movement of goods, the legislation in question be applied within the limit of what is necessary in order to achieve the aim of protection of the environment and of human and animal health that is legitimately being pursued (Case C‑172/00 Ferring [2002] ECR I‑6891 paragraph 34, and Case C‑112/02 Kohlpharma [2004] ECR I‑3369, paragraph 14).
– The fact that a marketing authorisation is personal | 77 The argument based on infringement of the right to pursue an economic activity cannot therefore be accepted. | 0 |
8,212 | 19 The first point to be noted is that since the judgment in Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, paragraph 26, the Court has consistently held that Article 6(1) of Decision No 1/80 has direct effect in the Member States and that Turkish nationals who satisfy its conditions may therefore rely directly on the rights which the three indents of that provision confer on them progressively, according to the duration of their employment in the host Member State (see, most recently, Case C-36/96 Günaydin v Freistaat Bayern [1997] ECR I-5143, paragraph 24, and Case C-98/96 Ertanir v Land Hessen [1997] ECR I-5179, paragraph 24). | 53 Furthermore, the 33rd recital in the preamble shows that the Directive aims to ensure a minimum level of transparency in the award of the contracts to which it applies. | 0 |
8,213 | 24. Those conditions are guided by the fact that, in determining the scope of any derogation from an individual right such as the equal treatment of men and women laid down by the Directive, due regard must be had to the principle of proportionality, which requires that derogations must remain within the limits of what is appropriate and necessary in order to achieve the aim in view and that the principle of equal treatment be reconciled as far as possible with the requirements of the aim thus pursued ( Lommers , cited above, paragraph 39). | 22 The result of such election is that the subsidiary does not pay ACT on the dividends which it pays to its parent company, unless it gives notice that it does not wish the election to apply to a particular distribution of dividends. | 0 |
8,214 | 131
The Court has already had occasion to point out that an EU measure adopted on the basis of Article 114 TFEU may incorporate provisions whose purpose is to ensure that requirements aimed at improving the conditions for the functioning of the internal market are not circumvented (see, to that effect, judgments in Germany v Parliament and Council, C‑376/98, EU:C:2000:544, paragraph 100, and British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 82). | 97. Such elements must be sought, in the first place, in the relationship between the claimant and the social security system of the competent Member State. In that regard, the decision making the reference states that the appellant is already entitled, under United Kingdom legislation, to disability living allowance. | 0 |
8,215 | 20. It should be borne in mind that Article 9 of the Sixth Directive contains rules for determining the place where services are deemed to be supplied for VAT purposes. Whereas Article 9(1) lays down a general rule in that regard, Article 9(2) sets out a number of specific instances of places where certain services are deemed to be supplied. The object of those provisions is to avoid, first, conflicts of jurisdiction which may result in double taxation, and, secondly, non-taxation (Case 168/84 Berkholz [1985] ECR 2251, paragraph 14; Case C‑327/94 Dudda [1996] ECR I‑4595, paragraph 20; and Case C‑291/07 Kollektivavtalsstiftelsen TRR Trygghetsrådet [2008] ECR I‑0000, paragraph 24). | 30 At paragraph 49, the Court stressed that Decision 89/688 authorises only exemptions which are necessary, proportionate and precisely determined. | 0 |
8,216 | 30
Since that period is intended in particular to give the Member States the time necessary to adopt the transposing measures, those States cannot be reproached for not having yet adopted measures implementing it in national law (see judgments of 18 December 1998, Inter-Environnement Wallonie, C‑129/96, EU:C:1997:628, paragraph 43, and of 15 October 2009, Hochtief and Linde-Kca-Dresden, C‑138/08, EU:C:2009:627, paragraph 25). | 22 It follows that, since Regulation No 2641/84 entitles the economic agents concerned to rely on the GATT provisions in the complaint which they lodge with the Commission in order to establish the illicit nature of the commercial practices which they consider to have harmed them, those same economic agents are entitled to request the Court to exercise its powers of review over the legality of the Commission' s decision applying those provisions . | 0 |
8,217 | 81. Although it is for the Commission, under Article 258 TFEU, to establish the existence of a failure to fulfil obligations, the Member States are none the less required, under Article 4(3) TEU, to facilitate the achievement of the Commission’s task of ensuring that the treaties and secondary legislation are applied. It follows that where the Commission has adduced sufficient evidence of certain matters in the territory of the defendant Member State, it is for that State to challenge in substance and in detail the information thus produced (see, to that effect, Case C‑365/97 Commission v Italy (‘San Rocco’) [1999] ECR I‑7773, paragraphs 84 to 86). | 86. Lesdites règles ne sauraient être remises en cause par la jurisprudence citée par l’EFIM et mentionnée au point 79 du présent arrêt, qui doit être interprétée eu égard au contexte particulier dans lequel elle est énoncée. | 0 |
8,218 | 19
It should be noted at the outset that, when interpreting a provision of EU law, it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it is part. The background to a provision of EU law may also contain elements relevant to its interpretation (judgment of 2 September 2015, Surmačs, C‑127/14, EU:C:2015:522, paragraph 28). | 28. In that regard, according to the Court’ s settled case-law, for the purpose of interpreting a provision of EU law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgment in Rosselle , C‑65/14, EU:C:2015:339, paragraph 43 and the case-law cited). The origins of a provision of EU law may also provide information relevant to its interpretation (judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council , C‑583/11 P, EU:C:2013:625, paragraph 50). | 1 |
8,219 | 44. Two supplies of services are therefore similar where they have similar characteristics and meet the same needs from the point of view of consumers, the test being whether their use is comparable, and where the differences between them do not have a significant influence on the decision of the average consumer to use one such service or the other (see, to that effect, Case C-481/98 Commission v France , paragraph 27, and, by analogy, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 27, and Case C‑302/00 Commission v France [2002] ECR I-2055, paragraph 23). | 77. To interpret Article 11(4) of Directive 2006/126 as meaning that such a person can no longer obtain a driving licence in the new Member State of residence, even after the expiry of any period of prohibition from applying for a new licence, would therefore amount to a hindrance to the right to move and reside freely in the territory of the Member States, conferred on citizens of the Union by Article 21 TFEU and of which Directive 2006/126 is designed to facilitate the exercise. | 0 |
8,220 | 62
Identifying the elements of a matter which must be categorised as essential must be based on objective factors amenable to judicial review, and requires account to be taken of the characteristics and particular features of the field concerned (judgment of 22 June 2016, DK Recycling und Roheisen v Commission, C‑540/14 P, EU:C:2016:469, paragraph 48 and the case-law cited). | 16 IT IS THUS CLEAR THAT THE MEASURES ADOPTED BY THE COMMISSION ' S REPRESENTATIVES DURING THAT PROCEDURE , WHETHER APPROVALS OR REFUSALS TO APPROVE , ENDORSEMENTS OR REFUSALS TO ENDORSE , ARE SOLELY INTENDED TO ESTABLISH WHETHER OR NOT THE CONDITIONS FOR COMMUNITY FINANCING ARE MET . THEY ARE NOT INTENDED TO INTERFERE WITH THE PRINCIPLE THAT THE CONTRACTS IN QUESTION REMAIN NATIONAL CONTRACTS WHICH THE ACP STATES ALONE ARE RESPONSIBLE FOR PREPARING , NEGOTIATING AND CONCLUDING , AND THEY CANNOT HAVE THAT EFFECT .
| 0 |
8,221 | 42. À cet égard, il convient de souligner que, eu égard au caractère massif des importations de marchandises dans l’Union, un contrôle approfondi, qu’il soit physique ou documentaire, de toutes les importations de marchandises déclarées, sans exception, n’est pas économiquement praticable. Dès lors, l’article 68 du code des douanes se limite à prévoir, dans ce contexte, que les autorités douanières compétentes «peuvent» procéder à des contrôles. De même, en vertu de l’article 73, paragraphe 1, de ce code, ces autorités octroient la mainlevée de marchandises faisant l’objet d’une déclaration en douane dès que les énonciations de cette déclaration ont été vérifiées «ou admises sans vérification». Lesdites autorités ne sont donc en principe pas tenues d’effectuer, dans tous les cas, de tels contrôles (voir, en ce sens, arrêt Südzucker e.a., C‑608/10, C‑10/11 et C‑23/11, EU:C:2012:444, point 42). | 20. Second, by virtue of the same provision, what is really essential is that the personal property is not such as might indicate, by its nature or quantity, that it is being imported for commercial reasons. | 0 |
8,222 | 38. The Court has repeatedly held that classification as aid requires that all the conditions set out in Article 87(1) EC are fulfilled (see Case C-142/87 Belgium v Commission , ‘Tubemeuse’ , [1990] ECR I-959, paragraph 25; Joined Cases C‑278/92 to C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 20; Case C-482/99 France v Commission [2002] ECR I‑4397, paragraph 68; and Case C‑280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I‑7747, paragraph 74). | 69. In those circumstances, as the Advocate General stated in point 53 of her Opinion, the inevitable conclusion is that the amount of the fees relating to the civic integration examination at issue in the main proceedings is, in circumstances such as those at issue in the main proceedings, capable of making family reunification impossible or extremely difficult. | 0 |
8,223 | 46. In particular, although the Commission has, in accordance with that role, a margin of assessment with regard to economic matters, in particular in the context of complex economic assessments, that does not mean, as is apparent from the preceding paragraph, that the General Court must refrain from reviewing the Commission’s legal classification of information of an economic nature. Although the General Court must not substitute its own economic assessment for that of the Commission, which is institutionally responsible for making those assessments (see, to that effect, in particular, judgment in Bertelsmann and Sony Corporation of America v Impala , C‑413/06 P, EU:C:2008:392, paragraph 145, and judgment in Frucona Košice v Commission , C‑73/11 P, EU:C:2013:32, paragraph 89 and the case-law cited), it is apparent from now well-settled case-law that not only must the EU judicature establish, among other things, 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 (see, to that effect, in particular, judgment in Chalkor v Commission (EU:C:2011:815), paragraph 54 and the case-law cited, and judgment in Otis and Others (EU:C:2012:684), paragraph 59). | 43. The provisions at issue are drafted in general terms and do not confer any decisive significance in the determination of the origin of the product concerned on any of its particular components, such as the cathode ray tube. Those provisions, contrary to what is contended by appellants in the main proceedings, are therefore not comparable to the provisions which were at issue in Yoshida and which precisely did confer such a significance on one of the components of the product concerned in that case. | 0 |
8,224 | 17 Following the Vroege and Fisscher judgments, some 60 000 part-time workers in the United Kingdom in both the public and the private sectors commenced proceedings before industrial tribunals. Relying on Article 119 of the Treaty, they claimed that they had been unlawfully excluded from membership of the various occupational pension schemes of the kind described in paragraphs 10 to 14 of this judgment. The defendants in those cases are their employers or, in some cases, former employers. | 93. As far as the award criteria themselves are concerned, it is a fortiori clear that they must not be amended in any way during the tender procedure. | 0 |
8,225 | 17. According to the Court’s settled case-law, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it is part (Case 292/82 Merck [1983] ECR 3781, paragraph 12, and Joined Cases C‑554/03 and C‑545/03 Mobistar and Belgacom Mobile [2005] ECR I-7723, paragraph 39) and also the provisions of Community law as a whole (Case 283/81 Cilfit and Others [1982] ECR 3415, paragraph 20). Moreover, the primacy of international agreements concluded by the Community over secondary Community legislation requires that the latter, in so far as possible, be interpreted in conformity with those agreements (Case C‑311/04 Algemene Scheeps Agentuur Dordrecht [2006] ECR I-609, paragraph 25 and the case-law cited). | 28. Accordingly, Directive 1999/70 and the framework agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer. | 0 |
8,226 | 20
The concept of ‘matters relating to tort, delict or quasi-delict’ within the meaning of Article 5(3) of the Brussels I Regulation covers all actions which seek to establish the liability of a defendant and do not concern ‘matters relating to a contract’ within the meaning of Article 5(1)(a) of the regulation (see judgment of 28 January 2015 in Kolassa, C‑375/13, EU:C:2015:37, paragraph 44 and the case-law cited). | 16. La Commission n’était donc pas tenue d’émettre un nouvel avis motivé même si des améliorations ont pu être constatées. Ainsi qu’il résulte d’une jurisprudence constante, c’est à la Commission qu’il incombe d’apprécier l’opportunité d’agir contre un État membre, de déterminer les dispositions qu’il aurait violées et de choisir le moment où elle initiera la procédure en manquement à son encontre, les considérations qui déterminent ce choix ne pouvant affecter la recevabilité de l’action (voir, notamment, arrêt du 8 décembre 2005, Commission/Luxembourg, C‑33/04, Rec. p. I‑10629, point 66). | 0 |
8,227 | 54 As regards infringement of the right to property, the Court has consistently held that, while the right to property forms part of the general principles of Community law, it is not an absolute right and must be viewed in relation to its social function. Consequently, its exercise may be restricted, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (Case 44/79 Hauer v Land Rheinland-Pfalz [1979] ECR 3727, paragraph 23, Case 265/87 Schräder v Hauptzollamt Gronau [1989] ECR 2237, paragraph 15, and Case C-280/93 Germany v Council [1994] ECR I-4973, paragraph 78). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,228 | 88
It follows that, where the judicial authority of the executing Member State is in possession of evidence of a real risk of inhuman or degrading treatment of individuals detained in the issuing Member State, having regard to the standard of protection of fundamental rights guaranteed by EU law and, in particular, by Article 4 of the Charter (see, to that effect, judgment in Melloni, C‑399/11, EU:C:2013:107, paragraphs 59 and 63, and Opinion 2/13, EU:C:2014:2454, paragraph 192), that judicial authority is bound to assess the existence of that risk when it is called upon to decide on the surrender to the authorities of the issuing Member State of the individual sought by a European arrest warrant. The consequence of the execution of such a warrant must not be that that individual suffers inhuman or degrading treatment. | 37. It appears that the provision of national law at issue in the main proceedings, taken in isolation, allows such an unlimited refusal, since its wording does not contain any condition or qualification, a matter which is, however, for the referring court to determine. | 0 |
8,229 | 39. 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). | 123. In that regard, even if the objective of encouraging such attendance of stadiums by the public were capable of justifying a restriction on the fundamental freedoms, suffice it to state that compliance with the aforementioned rule can be ensured, in any event, by incorporating a contractual limitation in the licence agreements between the right holders and the broadcasters, under which the latter would be required not to broadcast those Premier League matches during closed periods. It is indisputable that such a measure proves to have a lesser adverse effect on the fundamental freedoms than application of the restriction at issue in the main proceedings. | 0 |
8,230 | 34. According to settled case-law, where a company has a shareholding in another company which gives it definite influence over that company’s decisions and allows it to determine that company’s activities, it is the provisions of the Treaty on the freedom of establishment that are to be applied (see, inter alia, Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 31; Test Claimants in Class IV of the ACT Group Litigation , paragraph 39; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 27; Case C‑231/05 Oy AA [2007] ECR I‑6373, paragraph 20; and Burda , paragraph 69). | 17 The French Republic' s action must be understood as being directed against the act whereby the Commission sought to conclude the Agreement. Consequently, the action is admissible.
Substance | 0 |
8,231 | 36. In the same vein, the Court has already held that Article 13 EC (now Article 19 TFEU) could not, as such, bring within the scope of EU law, for the purposes of the application of fundamental rights as general principles of EU law, a national measure which does not come within the framework of the measures adopted on the basis of that article (see, to that effect, Case C‑427/06 Bartsch EU:C:2008:517, paragraph 18; Case C‑555/07 Kücükdeveci EU:C:2010:21, paragraph 25; and Case C‑147/08 Römer EU:C:2011:286, paragraph 61). Consequently, the mere fact that a national measure comes within an area in which the European Union has powers cannot bring it within the scope of EU law, and, therefore, cannot render the Charter applicable (see, to that effect, Joined Cases C‑483/09 and C‑1/10 Gueye and Salmerón Sánchez EU:C:2011:583, paragraphs 55, 69 and 70, and Case C‑370/12 Pringle EU:C:2012:756, paragraphs 104, 105, 180 and 181). | 20 Secondly, it is necessary to decide whether the public authorities have delegated their powers regarding the fixing of tariffs to private economic agents. | 0 |
8,232 | 53 Moreover, it does not follow from the information before the Court that the system of wholesale distribution of tobacco products put in place by that legislation, in so far as it allows only the AAMS to issue authorizations to operate outlets, results in a situation which prejudices consumers, within the meaning of heading (b) of the second paragraph of Article 86 of the Treaty. In any event, it cannot be argued, particularly in view of the points already set out in paragraph 39 of this judgment, that this system is manifestly unable to satisfy consumer demand (see, a contrario, the judgment in Case C-41/90 Hoefner and Elser v Macrotron [1991] ECR I-1979, paragraph 31). | 108. The Court has consistently held, in cases concerning public procurement, that the contracting authority is required to comply with the principle that tenderers should be treated equally (see, inter alia, Joined Cases C-285/99 and C-286/99 Lombardini and Mantovani [2001] ECR I-9233, paragraph 37, and Case C-315/01 GAT [2003] ECR I-6351, paragraph 73). | 0 |
8,233 | 53. However, the effects, within the EU legal order, of provisions of an agreement concluded by the European Union with non-member States may not be determined without taking account of the international origin of the provisions in question. In conformity with the principles of international law, EU institutions which have power to negotiate and conclude such an agreement are free to agree with the non-member States concerned what effects the provisions of the agreement are to have in the internal legal order of the contracting parties. If that question has not been expressly dealt with in the agreement, it is for the courts having jurisdiction in the matter and in particular the Court of Justice, within the framework of its jurisdiction under the FEU Treaty to decide it, in the same manner as any other question of interpretation relating to the application of the agreement in question in the European Union on the basis in particular of the agreement’s spirit, general scheme or terms (see judgment in FIAMM and Others v Council and Commission , C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraph 108 and the case-law cited). | 27. A supply of alcoholic beverages in a catering context is characterised by an array of features and acts, of which the supply of the product itself is only one component and in which services predominate. | 0 |
8,234 | 54. However, if that latter condition is not satisfied, it will be considered that the intermediate measure – independently of whether the latter expresses a provisional opinion of the institution concerned – produces independent legal effects and must therefore be capable of forming the subject-matter of an action for annulment ( AKZO Chemie and AKZO Chemie UK v Commission , paragraph 20; Case C‑170/89 BEUC v Commission [1991] I‑5709, paragraphs 9 to 11; Case C‑39/93 P SFEI and Others v Commission [1994] ECR I‑2681, paragraph 28; Case C- 400/99 Italy v Commission [2001] ECR I-7303, paragraphs 57 to 68; Athinaïki Techniki v Commission , paragraph 54). | 21. It should be noted, next, that it follows directly from the wording of the second subparagraph of Article 15(1)(a) of Regulation No 207/2009 that the use of the trade mark in a form which is different from the form in which it was registered is considered as a use for the purposes of the first subparagraph of that article, to the extent that the distinctive character of the trade mark in the form in which it was registered is not changed. | 0 |
8,235 | 29. Tenderers may be deemed to be informed in the same way of the minimum specifications with which their variants must comply in order to be considered by the contracting authority only where those specifications are set out in the contract documents. This involves an obligation of transparency designed to ensure compliance with the principle of equal treatment of tenderers, which must be complied with in any procurement procedure governed by the Directive (see, to that effect, with respect to award criteria, Case C-19/00 SIAC Construction [2001] ECR I-7725, paragraphs 41 and 42). | 47. Once the authorities of one Member State have issued a driving licence in accordance with Article 1(1) of Directive 2006/126, the other Member States are not entitled to investigate whether the conditions for issue laid down by that directive have been met. The possession of a driving licence issued by one Member State has to be regarded as constituting proof that its holder satisfied those conditions on the day on which that licence was issued (see, to that effect, judgment in Hofmann , C‑419/10, EU:C:2012:240, paragraphs 46 and 47). | 0 |
8,236 | 28. The principle of legal certainty, the corollary of which is the principle of the protection of legitimate expectations, requires, on the one hand, that rules of law must be clear and precise and, on the other, that their application must be foreseeable by those subject to them (judgment in Plantanol , C‑201/08, EU:C:2009:539, paragraph 46 and the case-law cited). | 53 IT MUST THEREFORE BE CONCLUDED THAT THE CONDUCT OF TFR , ATF AND ATBG IN RESTRAINT OF COMPETITION ARE TO BE ASCRIBED TO AEG .
E - THE ABSENCE OF OBSTACLES TO INTRA-COMMUNITY TRADE | 0 |
8,237 | 51. In that connection, the Court has already held that a measure which would be just as effective whilst being less restrictive than a work licensing mechanism, prior checks or a confirmation of posting, would be an obligation imposed on an employer established in another Member State to report beforehand to the local authorities on the presence of one or more deployed workers, the anticipated duration of their presence and the provision or provisions of services justifying the deployment. Such an obligation would enable those authorities to monitor compliance with the social welfare and wages legislation of the host Member State during the deployment while at the same time taking account of the obligations by which the employer is already bound under the social welfare legislation applicable in the Member State of origin (see Commission v Luxembourg , paragraph 31; Commission v Germany , paragraph 45, and Commission v Austria , paragraph 52). | 76. That being said, with regard to the specific question, asked by the referring court, as to whether support for a terrorist organisation may constitute one of the ‘compelling reasons of national security or public order’ within the meaning of Article 24(1) of Directive 2004/83, it should be pointed out that the concepts of ‘national security’ or ‘public order’ are not defined by that provision. | 0 |
8,238 | 82. The essential function of a trade mark is to guarantee the identity of the origin of the marked goods or service to the consumer or end user by enabling him to distinguish the goods or service from others which have another origin (see, to that effect, Case C-39/97 Canon [1998] ECR I‑5507, paragraph 28, and Case C‑120/04 Medion [2005] ECR I‑8551, paragraph 23). | 44. In principle, if a risk of such an unreasonable burden exists, similar considerations may apply as regards the award by a Member State of education or training grants to students wishing to study in other Member States. | 0 |
8,239 | 44. As regards inheritances, the case-law has confirmed that the measures prohibited by Article 56(1) EC as being restrictions on the movement of capital include those the effect of which is to reduce the value of the inheritance of a resident of a State other than the Member State in which the assets concerned are situated and which taxes the inheritance of those assets ( van Hilten‑van der Heijden , paragraph 44, and Jäger , paragraph 31). | Il y a donc lieu de distinguer les traitements inégaux permis au titre de l’article 65, paragraphe 1, sous a), TFUE des discriminations arbitraires interdites en vertu de l’article 65, paragraphe 3, TFUE. Il ressort, à cet égard, de la jurisprudence de la Cour que, pour qu’une réglementation fiscale nationale, qui, aux fins du calcul des droits de succession, opère une différence de traitement entre les résidents et les non-résidents puisse être considérée comme compatible avec les dispositions du traité FUE relatives à la libre circulation des capitaux, il est nécessaire que cette différence de traitement concerne des situations qui ne sont pas objectivement comparables ou qu’elle soit justifiée par une raison impérieuse d’intérêt général. Une telle réglementation doit être propre à garantir la réalisation de l’objectif poursuivi et ne pas aller au-delà de ce qui est nécessaire pour qu’il soit atteint (voir, en ce sens, arrêt du 26 mai 2016, Commission/Grèce, C‑244/15, EU:C:2016:359, points 34 et 35 ainsi que jurisprudence citée). | 0 |
8,240 | 62. In that light, and as the Commission suggested in its communication of 28 February 1997 on the method of calculating the penalty payments provided for pursuant to Article [228] of the EC Treaty (OJ 1997 C 63, p. 2), the basic criteria which must be taken into account in order to ensure that penalty payments have coercive force and Community law is applied uniformly and effectively are, in principle, the duration of the infringement, the seriousness of the infringement, and the ability of the Member State to pay. In applying those criteria, regard should be had in particular to the effects of failure to comply on private and public interests and to the urgency of inducing the Member State concerned to fulfil its obligations (see, in particular, Case C-304/02 Commission v France , paragraph 104). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,241 | 36. It should be borne in mind at the outset that a colour mark per se is capable of constituting, under certain conditions, a trade mark within the meaning of Article 2 of Directive 2008/95 (see, to that effect, Case C‑104/01 Libertel EU:C:2003:244, paragraphs 27 to 42, and Case C‑49/02 Heidelberger Bauchemie EU:C:2004:384, paragraph 42). | 15 ACCORDINGLY, THE REPLY TO THE FIRST QUESTION MUST BE THAT THE BENEFITS MENTIONED IN ARTICLE 4 ( 1 ) ( B ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 EMBRACE THOSE PROVIDED BY THE NATIONAL PROVISIONS GRANTING BENEFITS TO HANDICAPPED PERSONS, INSOFAR AS THESE PROVISIONS RELATE TO WORKERS WITHIN THE MEANING OF ARTICLE 1 ( A ) OF THIS REGULATION AND CONFER UPON THEM A LEGALLY PROTECTED ENTITLEMENT FOR THE GRANT OF THESE BENEFITS . | 0 |
8,242 | 25. Since the Commission and the United Kingdom are not in full agreement on the meaning of the term ‘eutrophication’ defined in Article 2(11) of Directive 91/271, it is appropriate, before examining the complaints set out by the Commission in its action, to note the meaning of that term, as explained by the Court in paragraphs 12 to 25 of the judgment in Case C-280/02 Commission v France [2004] ECR I‑8573. | 28 A situation such as that in question in the main proceedings is, however, clearly different from that with which the judgment in Schumacker was concerned. Mr Schumacker's income formed almost the entire income of his tax household and neither he nor his spouse had any significant income in their State of residence allowing account to be taken of their personal and family circumstances. However, by laying down a percentage threshold and an absolute threshold for income respectively taxable in Germany and not subject to German tax, the German legislation takes account specifically of the possibility of taking into consideration, on a sufficient tax base, of the personal and family circumstances of taxpayers in the State of residence. | 0 |
8,243 | 32 In the context of the procedure laid down by Article 93, the preliminary stage of the procedure for reviewing aid under Article 93(3) of the Treaty, which is intended merely to enable the Commission to form a prima facie opinion on the partial or complete compatibility of the aid in question, must therefore be distinguished from the examination under Article 93(2), which is designed to enable the Commission to be fully informed of all the facts of the case (Case C-198/91 Cook v Commission [1993] ECR I-2487, paragraph 22; Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraph 16; Sytraval and Brink's France, paragraph 38). | 65. The disappearance of tax stamps, unlike the theft of goods, has no effect on the taxable amount itself. The manufactured tobacco in respect of which the stamps were purchased may still be sold and the VAT debt, like the excise duty debt, may still arise. Furthermore, it is reasonable, as it has been observed, to encourage the purchaser of tax stamps to take precautions against the risk that they might go missing, although it is probably unnecessary to encourage the owner of goods to supervise them and take precautions against the risk of theft. | 0 |
8,244 | 37. Likewise, the explanatory notes to the CN and those to the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (see, in particular, Case C-396/02 DFDS [2004] ECR I-8439, paragraph 28). The content of those notes must therefore be compatible with the provisions of the CN and may not alter the meaning of those provisions (see, in particular, Case C-280/97 ROSE Elektrotechnik [1999] ECR I-689, paragraph 23; Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 20; and Case C‑495/03 Intermodal Transports [2005] ECR I-8151, paragraph 48). | 49. Furthermore, in accordance with point 11 of the general considerations of the framework agreement on parental leave, Member States should, where appropriate under national conditions and taking into account the budgetary situation, consider the maintenance of entitlements to relevant social security benefits as they stand during the minimum period of parental leave. | 0 |
8,245 | 106. However, for reasons explained more fully by the Advocate General in points 201 to 204 of his Opinion, Turkish lorry drivers like Mr Abatay and Others, who are employed by an undertaking such as that described in the previous paragraph, may also invoke the protection of Article 41(1) (see, to that effect, for comparison, Case C-350/96 Clean Car Autoservice [1998] ECR I-2521, paragraphs 19 to 21). The paid employees of the provider of services are indispensable to enable him to provide his services. | 37. À cet égard, il résulte de la jurisprudence qu’est recevable le pourvoi formé contre un arrêt du Tribunal en ce que celui-ci a rejeté une exception d’irrecevabilité soulevée par une partie à l’encontre d’un recours, alors que le Tribunal a, dans la suite du même arrêt, rejeté ce recours comme non fondé (arrêts du 26 février 2002, Conseil/Boehringer, C‑23/00 P, Rec. p. I‑1873, point 50, ainsi que du 22 février 2005, Commission/max.mobil, C‑141/02 P, Rec. p. I‑1283, points 50 et 51). | 0 |
8,246 | 19 According to the consistent case-law of the Court, 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. The principle of the protection of legitimate expectations may be invoked as against Community rules only to the extent that the Community itself has previously created a situation which can give rise to a legitimate expectation (see Case C-177/90 Kühn v Landwirtschaftskammer Weser-Ems [1992] ECR I-35, paragraphs 13 and 14, and Case C-63/93 Duff and Others v Minister for Agriculture and Food, Ireland, and the Attorney General [1996] ECR I-569, paragraph 20). | 25. Equating ‘sea’ within the meaning of Regulation No 3577/92 with ‘territorial sea’ within the meaning of the Montego Bay Convention is likely to undermine that objective. The application of that regulation solely to territorial sea, within the meaning of that convention, would preclude the liberalisation intended by that regulation of potentially significant maritime transport services where they operate on the landward side of the baseline of the territorial sea that States may draw, in accordance with that convention, across the natural entrance points of a bay. | 0 |
8,247 | 52. The Court indeed held, in paragraphs 24 and 25 of Schindler , cited above, that lottery activities are not activities relating to goods, falling, as such, under Article 30 of the Treaty, but are however to be regarded as services within the meaning of the Treaty. | 56. Where the Commission has adduced sufficient evidence to show that the breach of obligations has persisted, it is for the Member State concerned to challenge in substance and in detail the information produced and its consequences (see, to this effect, Case 272/86 Commission v Greece [1988] ECR 4875, paragraph 21, and Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraphs 84 to 87). | 0 |
8,248 | 85. Furthermore, the discretion conferred on the Member States under clause 5(1) of the Framework Agreement must also be exercised in compliance with Community law and, in particular, its general principles as well as the other provisions of the Framework Agreement (see, to that effect, Mangold , paragraphs 50 to 54 and 63 to 65). | 56. In that regard, suffice it to note that the use, by a third party, of a sign identical with, or similar to, the proprietor’s trade mark implies, at the very least, that that third party uses the sign in its own commercial communication. A referencing service provider allows its clients to use signs which are identical with, or similar to, trade marks, without itself using those signs. | 0 |
8,249 | 42. Under the division of jurisdiction provided for in Article 267 TFEU, it is in principle the task of the national court to ensure that the principle of proportionality is duly observed (see, inter alia, Case C-476/99 Lommers [2002] ECR I-2891, paragraph 40). In that context it is thus for the national courts to establish whether the specific circumstances of a case show that there is a real link with the relevant labour market (see, to this effect, Joined Cases C-22/08 and C-23/08 Vatsouras and Koupatantze [2009] ECR I-4585, paragraph 41). | 16. La seule constatation du manquement s’oppose à ce qu’il soit fait droit à la demande du Grand-Duché de Luxembourg, tendant à ce que la procédure soit suspendue dans l’attente d’un hypothétique désistement de la Commission (arrêts du 19 février 2002, Commission/Luxembourg, C-366/00, Rec. p. I-1749, point 12, et du 24 février 2005, Commission/Luxembourg, C-383/04, point 7). | 0 |
8,250 | En ce qui concerne la décharge de Juan Grande, le Royaume d’Espagne invoque le fait que les travaux nécessaires ont été suspendus
par une autorité judiciaire. Toutefois, il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de situations
de son ordre interne pour justifier le non-respect des obligations et des délais résultant du droit de l’Union. En particulier,
l’exercice de voies de recours juridictionnelles est sans incidence sur le bien-fondé d’un grief formulé dans le cadre d’une
procédure en manquement (voir, en ce sens, arrêt Commission/Slovénie, C‑140/14, EU:C:2015:501, points 76 à 80 et jurisprudence
citée). | 66
According to the Court of Justice’s settled case-law, the interest in bringing proceedings — a condition of admissibility — must continue up until the Court’s ruling on the substance. Such an interest exists as long as the appeal may, if successful, procure an advantage for the party bringing it (judgment of 24 March 2011 in Ferrero v OHIM, C‑552/09 P, EU:C:2011:177, paragraph 39 and the case-law cited). | 0 |
8,251 | 8. It is appropriate at the outset to emphasise that the Court may of its own motion examine the question whether the conditions laid down in Article 226 EC for the bringing of an action for failure to fulfil obligations are satisfied (see, inter alia, Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 8, and Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 8). | 130 IT FOLLOWS FROM ALL THE CONSIDERATIONS SET FORTH ABOVE THAT IN THE MANUFACTURED TOBACCO SECTOR THE BELGIAN RULES ON CONSUMER TAXES AND PRICE CONTROLS AND THEIR APPLICATION PURSUANT TO THE REVENUE POLICY PURSUED BY THE STATE HAVE THE EFFECT OF MAKING IT PRACTICALLY IMPOSSIBLE FOR MANUFACTURERS AND IMPORTERS TO COMPETE IN SUCH A WAY THAT THERE WOULD BE AN EFFECT UPON THE AMOUNT OF THE RETAIL SELLING PRICE .
| 0 |
8,252 | 32. In addition, the Member States may not, outside the framework of the Community institutions, enter into such commitments, even when there is no possible contradiction between those commitments and the common Community rules (judgment in Commission v Council , EU:C:2014:2151, paragraph 71 and the case-law cited). | 43 Lastly, it should be pointed out that the penalty laid down in point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 consists of the payment of a penalty, the amount of which is determined on the basis of the amount which would have been unduly received by the trader had an irregularity not been detected by the competent authorities. It is, therefore, an integral part of the export refund scheme in question and is not of a criminal nature. | 0 |
8,253 | 8 As the Court has held, only intervention undertaken in accordance with the Community rules within the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). | 27 As regards the operation of public placement offices enjoying an exclusive right, compliance with which is ensured by a prohibition of any activity as an intermediary in employment relationships on pain of penal and administrative sanctions such as those provided for in Laws Nos 264 and 1369, it must be stated that the application of Article 86 of the Treaty cannot obstruct the performance of the particular task assigned to those offices if they are manifestly not in a position to satisfy demand in that area of the market. | 0 |
8,254 | 46. It should be recalled, however, that Directive 98/59 establishes minimum protection with regard to informing and consulting workers in the event of collective redundancies (see judgment in Confédération générale du travail and Others , C‑385/05, EU:C:2007:37, paragraph 44). Article 5 of that directive gives Member States the right to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to promote or to allow the application of collective agreements more favourable to workers. | 36. La liberté d’établissement, que l’article 43 CE reconnaît aux ressortissants communautaires et qui comporte pour eux l’accès aux activités non salariées et leur exercice, ainsi que la constitution et la gestion d’entreprises, dans les mêmes conditions que celles définies par la législation de l’État membre d’établissement pour ses propres ressortissants, comprend, conformément à l’article 48 CE, pour les sociétés constituées en conformité avec la législation d’un État membre et ayant leur siège statutaire, leur administration centrale ou leur principal établissement à l’intérieur de la Communauté européenne, le droit d’exercer leur activité dans l’État membre concerné par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir, notamment, arrêts du 29 avril 1999, Royal Bank of Scotland, C‑311/97, Rec. p. I‑2651, point 23; du 21 septembre 1999, Saint-Gobain ZN, C‑307/97, Rec. p. I‑6161, point 35; du 12 septembre 2006, Cadbury Schweppes et Cadbury Schweppes Overseas, C‑196/04, Rec. p. I‑7995, point 41; du 13 mars 2007, Test Claimants in the Thin Cap Group Litigation, C‑524/04, Rec. p. I‑2107, point 36, ainsi que du 17 janvier 2008, Lammers & Van Cleeff, C‑105/07, Rec. p. I‑173, point 18). | 0 |
8,255 | 70
With regard to whether the first ground of appeal is well founded, it must be borne in mind that the Court of Justice has held on many occasions that, although the EU rules in force until the end of 1999 do not lay down a time limit for the adoption of a decision on financial corrections by the Commission, since 2000 that has, however, been subject to compliance with a time limit laid down in EU law (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 75 to 82; of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 75 to 82; of 22 October 2014, Spain v Commission, C‑429/13 P, EU:C:2014:2310, paragraph 29; of 4 December 2014, Spain v Commission, C‑513/13 P, not published, EU:C:2014:2412, paragraph 36; of 24 June 2015, Germany v Commission, C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 81, and of 24 June 2015, Spain v Commission, C‑263/13 P, EU:C:2015:415, paragraph 50). | 15 Although the provisions in the Treaty relating to freedom of movement for persons do not apply to situations which are purely internal to a Member State, the Court has already held that Article 52 of the Treaty may not be interpreted in such a way as to exclude from the benefit of Community law the nationals of a given Member State when, owing to the fact that they have lawfully resided on the territory of another Member State and have there acquired a vocational qualification which is recognized under Community law, they are, with regard to their State of origin, in a situation which may be assimilated to that of any other persons enjoying the rights and liberties guaranteed by the Treaty (see judgments in Case 115/78 Knoors v Staatssecretaris voor Economische Zaken [1979] ECR 399, paragraph 24, and in Case 61/89 Bouchoucha [1990] ECR I-3551, paragraph 13). | 0 |
8,256 | 23. If the answer to one of the two parts of the first question is in the affirmative, the national court wishes to ascertain, secondly, whether, as the case-law of the Court appears to indicate (see Case C-171/95 Tetik [1997] ECR I-329, paragraph 39; Case C-386/95 Eker [1997] ECR I-2697, paragraphs 23 and 25; and Case C-98/96 Ertanir [1997] ECR I-5179, paragraphs 31 and 35), entitlement to a residence permit under the third indent of Article 6(1) of Decision No 1/80 presupposes that the worker has already satisfied the requirements of the second indent of that same paragraph. | 14 It is otherwise where the holding is accompanied by direct or indirect involvement in the management of the companies in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder. | 0 |
8,257 | 80. In particular, the Court has consistently held that Member States may, for the purpose of protecting consumers, require those concerned to alter the description of a foodstuff where a product offered for sale under a particular name is so different, in terms of its composition or production, from the products generally understood as falling within that description within the Community that it cannot be regarded as falling within the same category (see, inter alia , Deserbais , paragraph 13, Case C-366/98 Geffroy [2000] ECR I-6579, paragraph 22, and Guimont , paragraph 30). | 33 An exception to the principle of the free movement of goods based on an imperative requirement is justified only if the national rules are proportionate to the object to be achieved. | 0 |
8,258 | 56. In that regard, the Court has stated that, in the specific case where a parent company has a 100% shareholding in a subsidiary which has infringed the competition rules of the European Union: (i) the parent company is able to exercise a decisive influence over the conduct of the subsidiary and (ii) there is a rebuttable presumption that the parent company does in fact exercise such a decisive influence (‘the presumption of actual exercise of decisive influence’) (see, inter alia, Case 107/82 AEG-Telefunken v Commission [1983] ECR 3151, paragraph 50; Akzo Nobel and Others v Commission , paragraph 60; General Química and Others v Commission , paragraph 39; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 97). | 57. However, according to the unambiguous wording of Article 6 of Directive 98/5, the registration in a host Member State of lawyers practising under a professional title acquired in another Member State is to be subject to the rules of professional conduct in force in the host Member State. Those rules, unlike those concerning the preliminary conditions required for registration, have not been harmonised and may therefore differ considerably from those in force in the home Member State. Moreover, as Article 7(1) of Directive 98/5 confirms, the failure to comply with those rules may lead to a lawyer being removed from the register in the host Member State. | 0 |
8,259 | 48. Furthermore, as the Court has already held, it does not appear that the Community has assumed, under the EC Treaty, the powers previously exercised by the Member States in the field to which Marpol 73/78 applies, nor that, consequently, its provisions have the effect of binding the Community (Case C-379/92 Peralta [1994] ECR I-3453, paragraph 16). In this regard, Marpol 73/78 can therefore be distinguished from GATT 1947 within the framework of which the Community progressively assumed powers previously exercised by the Member States, with the consequence that it became bound by the obligations flowing from that agreement (see to this effect, in particular, International Fruit Company and Others , paragraphs 10 to 18). Accordingly, this case-law relating to GATT 1947 cannot be applied to MARPOL 73/78. | 53. In order to satisfy the requirements of that law, the European Union judicature must ensure that the principle that the parties should be heard is respected in proceedings before them and that they themselves respect that principle, which applies to any procedure which may result in a decision by an institution of the European Union perceptibly affecting a person’s interests (Case C‑89/08 P Commission v Ireland and Others [2009] ECR I‑11245, paragraphs 51 and 53, and Case C‑197/09 RX-II Review M v EMEA [2009] ECR I‑12033, paragraphs 41 and 42). | 0 |
8,260 | 65. Where that institution has only a considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach ( Bergaderm and Goupil v Commission , paragraph 44; Commission v Camar and Tico , paragraph 54; and Commission v Fresh Marine , paragraph 26). | 37. It follows that the various limitations of compensation referred to in Chapter III of the Montreal Convention, including that set in Article 22(2) of that convention, must be applied to the total damage caused, regardless of whether that damage is material or non-material. | 0 |
8,261 | 22. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the same way as nationality in the case of individuals, as the connecting factor with the legal system of a Member State (see Metallgesellschaft and Others , paragraph 42, and the case-law cited). Acceptance of the proposition that the Member State in which a resident subsidiary is established may freely apply different treatment merely by reason of the fact that the registered office of the parent company is situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Commission v France , paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metalgesellschaft and Others , paragraph 42; and Case C-446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 37). Freedom of establishment thus seeks to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination, even minimal, based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint-Gobain ZN , paragraph 35). | 37. In that regard, it must be noted that, in tax law, the taxpayers’ residence may constitute a factor that might justify national rules involving different treatment for resident and non-resident taxpayers. However, residence is not always a proper factor for distinction. In effect, acceptance of the proposition that the Member State in which a company seeks to establish itself may freely apply to it a different treatment solely by reason of the fact that its registered office is situated in another Member State would deprive Article 43 EC of all meaning (see Case 270/83 Commission v France [1986] ECR 273, paragraph 18). | 1 |
8,262 | 30. As regards, first, the circumstance that the persons concerned were legally resident in the Netherlands under the free period provided for by Netherlands legislation, it should be noted at the outset that, in the context of a national system based on appropriate verification measures prior to a foreign national’s departure to the host Member State with a view to establishment there as a self-employed person, the foreign national’s temporary admission into the territory of the host Member State on another basis, when he lacks the entry clearance which may be given after that verification, is in no way equivalent to such clearance, so that he cannot effectively rely on the mere fact of such temporary admission in order to contend that he has acquired the right to become established in that Member State as a self-employed person (see, by analogy, Barkoci and Malik , paragraphs 77 to 79). | 57. S’agissant, deuxièmement, de l’omission dans le contrat de crédit litigieux de la mention de certaines informations relatives aux conditions de remboursement et aux frais liés à ce crédit, la Cour a jugé que, eu égard à l’objectif de protection du consommateur poursuivi par la directive 87/102 contre des conditions de crédit inéquitables et afin de lui permettre d’avoir une entière connaissance des conditions de l’exécution future du contrat souscrit, lors de la conclusion de celui‑ci, l’article 4 de cette directive exige que l’emprunteur détienne l’ensemble des éléments susceptibles d’avoir une incidence sur la portée de son engagement (voir, en ce sens, arrêt Berliner Kindl Brauerei, C‑208/98, EU:C:2000:152, point 21, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 68). | 0 |
8,263 | 28 The Court has concluded from this that the first paragraph of Article 7 of Decision No 1/80 requires that the unity of the family, in pursuit of which the person concerned entered the territory of the host Member State, should be evidenced for a certain period by actual cohabitation in a household with the worker and that this must be so until he or she becomes entitled to enter the labour market in that State (Kadiman, paragraphs 33, 37 and 40; Ergat, paragraph 36). | 31. That second condition makes it possible to distinguish a database within the meaning of the directive, characterised by a means of retrieving each of its constituent materials, from a collection of materials providing information without any means of processing the individual materials which make it up. | 0 |
8,264 | 129
As regards the argument of that Member State concerning Regulations No 44/2001 and No 805/2004, the Court has already held that those acts relate to the recognition and enforcement of authentic instruments which are registered and enforceable in a Member State, and do not therefore affect the interpretation of the first paragraph of Article 51 TFEU (see, to that effect, judgment of 24 May 2011, Commission v Belgium, C‑47/08, EU:C:2011:334, paragraph 120). The same is true as regards Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1) which replaced Regulation No 44/2001. | 22. Where the marketing of a product is always accompanied by a minimal supply of services (such as the displaying of the products on shelves, the issuing of an invoice, etc.), only services other than those which necessarily accompany the marketing of a product may be taken into account in assessing the part played by the supply of services within the whole of a complex transaction also involving the supply of a product. | 0 |
8,265 | 33
It is also settled case-law that, although recourse to Article 114 TFEU as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade as a result of divergences in national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 61; Arnold André, C‑434/02, EU:C:2004:800, paragraph 31; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 30; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 38; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 33). | 24 Until the Community legislature has taken action, it is therefore necessary to continue to apply Article 32 of the Sixth Directive, which merely authorizes Member States that apply a special system of VAT to second-hand goods to retain that system but does not impose on them any obligation to introduce such a system if none exists . | 0 |
8,266 | 62
For the same reasons, the Court has made clear that, in a situation in which no factor individually reflects the conduct for which the parent company is held liable, the reduction of the amount of the fine imposed on the subsidiary jointly and severally with its parent company must, in principle, where the necessary procedural requirements are satisfied, be extended to the parent company (see, to that effect, judgment of 17 September 2015, Total v Commission, C‑597/13 P, EU:C:2015:613, paragraphs 10, 37, 38, 41 and 44). | 38. The Court has held that, in a situation where the liability of a parent company is purely derivative of that of its subsidiary and in which no other factor individually reflects the conduct for which the parent company is held liable, the liability of that parent company cannot exceed that of its subsidiary (see, to that effect, judgment in Commission v Tomkins , C‑286/11 P, EU:C:2013:29, paragraphs 37, 39, 43 and 49). | 1 |
8,267 | 39 As a preliminary point, it must be borne in mind that, according to settled case-law, the concept of pay, as defined in Article 119 of the Treaty, does not encompass social security schemes or benefits, in particular retirement pensions, which are directly governed by legislation (Case C-262/88 Barber [1990] ECR I-1889, paragraph 22, Beune, cited above, paragraph 44, and Case C-50/99 Podesta [2000] ECR I-4039, paragraph 24). | 56. That advertising obligation, because it makes it possible to compare the offers which it contains, ensures a level of competition considered satisfactory by the European Union legislature in the field of public works concessions. | 0 |
8,268 | 46
In that regard, it should be noted that, according to settled case-law, finality of an administrative decision, which is acquired upon expiry of the reasonable time limits for legal remedies or by exhaustion of those remedies, contributes to legal certainty, and it follows that EU law does not require that an administrative body be, in principle, under an obligation to reopen an administrative decision which has become final (see, inter alia, judgments of 13 January 2004, Kühne & Heitz, C‑453/00, EU:C:2004:17, paragraph 24; of 12 February 2008, Kempter, C‑2/06, EU:C:2008:78, paragraph 37; and of 4 October 2012, Byankov, C‑249/11, EU:C:2012:608, paragraph 76). | 46. In this instance, in carrying out the assessment of the importance of what was at stake, which forms part of the review of the proportionality of the restrictive measures at issue, account may be taken of the context of those measures, of the fact that there was an urgent need to adopt such measures intended to put pressure on the Syrian regime in order for it to stop the violent repression against the population, and of the difficulty in obtaining more specific evidence in a State at civil war and having an authoritarian regime. | 0 |
8,269 | 46
Thus, since the rights based respectively on the provisions of Regulation No 261/2004 and of the Montreal Convention fall within different regulatory frameworks, the rules on international jurisdiction provided for in that Convention do not apply to applications made on the basis of Regulation No 261/2004 alone, which must be examined in the light of Regulation No 44/2001 (see, to that effect, judgment in Rehder, C‑204/08, EU:C:2009:439, paragraphs 27 and 28). | 99. S’agissant, en second lieu, de la gravité de l’infraction, il convient de rappeler le caractère fondamental des dispositions du traité CE en matière d’aides d’État (arrêt Commission/Espagne, C‑184/11, EU:C:2014:316, point 69 et jurisprudence citée). | 0 |
8,270 | 38. The risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion (see, inter alia, Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I–3819, paragraph 17; Case C-120/04 Medion [2005] ECR I–8551, paragraph 26; and Case C–102/07 adidas and adidas Benelux [2008] ECR I–2439, paragraph 28). | 72. In other situations, on the other hand, the nature and extent of the company’s assets would make it easy to carry out a cross-border tracing of the individual assets for which a capital gain was ascertained at the time when the company transferred its place of effective management to another Member State. | 0 |
8,271 | Furthermore, in accordance with Article 256 TFEU, the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union and Article 168(1)(d) of the Rules of Procedure of the Court of Justice, an appellant must indicate precisely the evidence alleged to have been distorted by the General Court and show the errors of appraisal which, in its view, led to that distortion (judgment of 18 January 2017, Toshiba v Commission, C‑623/15 P, not published, EU:C:2017:21, paragraph 54). | 12. Ms Giersch and Ms Hodin and Mr Taminiaux reside in Belgium and stated their intention of pursuing their studies in that Member State in the course of the 2010/2011 academic year. Mr Stemper resides in Germany and stated his intention of pursuing studies in the United Kingdom. | 0 |
8,272 | 11 In its judgment of 18 June 1991 in Case C-369/89 Piageme and Others [1991] ECR I-2971, the Court ruled that Articles 30 of the EEC Treaty and 14 of Directive 79/112 precluded a national law from requiring the exclusive use of a specific language for the labelling of foodstuffs, without allowing for the possibility of using another language easily understood by purchasers or of ensuring that the purchaser was informed by other measures. | 22. The explanatory notes to the CN and those to the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force. The content of those notes must therefore be compatible with the provisions of the CN and may not alter the meaning of those provisions ( Intermodal Transports , paragraph 48, and Possehl Erzkontor , paragraph 20). | 0 |
8,273 | 42
The Court has previously held that national legislation that requires articles of precious metal imported from other Member States, in which they are lawfully marketed and hallmarked in accordance with the legislation of those States, to be given an additional hallmark in the Member State of import has the effect of rendering imports more difficult and costly, and thus constitutes a measure having an effect equivalent to a quantitative restriction on imports within the meaning of Article 34 TFEU (see, to that effect, judgments of 21 June 2001, Commission v Ireland, C‑30/99, EU:C:2001:346, paragraph 27, and of 16 January 2014, Juvelta, C‑481/12, EU:C:2014:11, paragraphs 18 and 20). | 27 The Court has already held that national legislation which requires articles of precious metal imported from other Member States, in which they are lawfully traded and hallmarked in accordance with the legislation of those States, to be given an additional hallmark in the importing Member State, renders the imports more difficult and costly (Houtwipper, cited above, paragraph 13). | 1 |
8,274 | 90. It follows that the clause on the ownership and control of airlines is contrary to Article 52 of the Treaty (see, to that effect, Commission v Denmark , paragraphs 122 to 124 and 128 to 133; Commission v Sweden , paragraphs 113 to 115 and 119 to 124; Commission v Finland , paragraphs 118 to 120 and 124 to 129; Commission v Belgium , paragraphs 131 to 133 and 137 to 142; Commission v Luxembourg , paragraphs 122 to 124 and 128 to 133; Commission v Austria , paragraphs 130 to 134 and 138 to 143, and Commission v Germany , paragraphs 144 to 146 and 150 to 156). | 72 In those circumstances, and having regard to paragraphs 16 to 20 of the present judgment, it has to be examined whether, as the contested decision states several times (see, in particular, paragraph 25), the Commission did indeed view matters from the standpoint of 1992, 1993 and 1994 when holding that the loans and guarantees granted to Stardust by Altus and SBT did not reflect prudent conduct in a market economy, taking account of the available information and foreseeable developments at the time when they were actually granted. Should that not be the case, the Commission has misapplied the criterion of the private investor operating in a market economy, which also concerns the recapitalisations of Stardust by Altus in October 1994 and by CDR in April 1995, June 1996 and June 1997. | 0 |
8,275 | 38. In addition, the limitation based on nationality does not relate to specific matches between teams representing their respective countries but applies to official matches between clubs and thus to the essence of the activity performed by professional players. As the Court has also ruled, such a limitation cannot be justified on sporting grounds ( Bosman , paragraphs 128 to 137; Deutscher Handballbund , paragraphs 54 to 56). | 13 That form of reasoning cannot be accepted. The protection of public health is expressly mentioned amongst the grounds of public interest which are set out in Article 36 and enable a restriction on imports to escape the prohibition laid down in Article 30. In those circumstances, since Article 36 also applies where the contested measure restricts only imports, whereas according to the Court' s case-law the question of imperative requirement for the purposes of the interpretation of Article 30 cannot arise unless the measure in question applies without distinction to both national and imported products, it is not necessary to consider whether the protection of public health might also be in the nature of an imperative requirement for the purposes of the application of Article 30. | 0 |
8,276 | 55. Thus, where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I‑7063, paragraphs 27 to 49, and Case C-319/02 Manninen [2004] ECR I‑7477, paragraphs 29 to 55). | 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 |
8,277 | 35. Thus, it is for the referring court to ascertain, on that basis, whether it can find such an interpretation, taking into consideration, in particular, firstly, the elements referred to in paragraphs 28 and 29 of the present judgment (see, by analogy, judgment in Dominguez , C‑282/10, EU:C:2012:33, paragraph 31) and, secondly, the case-law of the Court referred to in paragraph 26 of the present judgment, from which it is apparent that, in order to draw all the consequences of a breach of the third sentence of Article 108(3) TFEU, the national courts may, as necessary, order provisional measures. In the present case, accordingly, it is for the referring court to examine the possibility of ordering a measure such as the temporary suspension of the contracts at issue until the adoption of the Commission decision closing the procedure, which would enable that court to satisfy its obligations under the third sentence of Article 108(3) TFEU without actually ruling on the validity of the contracts at issue. | 43
As regards the other arguments of NIOC, developed as part of the second part of the second ground, it should be noted, first, that paragraph 48 of the judgment in Parliament v Council (C‑130/10, EU:C:2012:472) is not relevant in the present case, since that judgment concerns the respective scope of Articles 75 TFEU and 215 TFEU, and not, as in the present case, Articles 215 TFEU and 291(2) TFEU. | 0 |
8,278 | 111. In those circumstances, it is for the Member States to take appropriate and consistent measures aimed at compliance with the limit value, having regard to all the material circumstances and the interests in play (see, to that effect, Case C‑320/03 Commission v Austria , paragraph 81, and Case C‑237/07 Janecek [2008] ECR I‑6221, paragraphs 45 and 46). While they have a discretion in that respect, they must none the less exercise it consistently with the provisions of the EC Treaty, including the fundamental principle of the free movement of goods. | 31. Nevertheless, that principle is stated to be ‘subject to the provisions of Articles 14 to 17’ of Regulation No 1408/71. However, in certain specific situations the unrestricted application of the rule set out in Article 13(2)(a) of that regulation might in fact create, instead of prevent, administrative complications for workers as well as for employers and social security authorities, which would place obstacles in the way of the freedom of movement of the persons covered by that regulation (see, to that effect, Brusse , paragraph 16). Special rules governing such situations are set out, in particular, in Article 14 of Regulation No 1408/71. | 0 |
8,279 | 33. It is clear from settled case-law that, given the fundamental importance of the principle of equal treatment, the exception to the prohibition of discrimination on grounds of sex, provided for in Article 7(1)(a) of Directive 79/7, must be interpreted strictly (see, in particular, Case 152/84 Marshall [1986] ECR 723, paragraph 36, and Case C‑328/91 Thomas and Others [1993] ECR I‑1247, paragraph 8). That provision can apply only to the determination of pensionable age for the purposes of granting old-age and retirement pensions and to the consequences thereof for other social security benefits (Case 151/84 Roberts [1986] ECR 703, paragraph 35; also to that effect, Case C‑303/02 Haackert [2004] ECR I‑2195, paragraph 30). That exception to the prohibition of discrimination on grounds of sex is therefore not applicable in the case of a tax concession such as that at issue in the main proceedings, which is not a social security benefit. | 115. Under clause 3 of the Framework Agreement, the definition of ‘fixed-term worker’ covers ‘a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event’. | 0 |
8,280 | 55 In contrast, this case is not concerned with those coordinating provisions in Title III of Decision No 3/80. Mrs Sürül relies solely on the principle of non-discrimination on grounds of nationality laid down in Article 3(1) of that decision, with a view to obtaining, in the Member State of her residence and solely under the legislation of that State, entitlement to a social security benefit under the same conditions as those laid down for the nationals of the host Member State. | 97
As regards, in the third place, the allegedly disproportionate effects of the prohibition on the use of menthol as a characterising flavour, on account of the negative economic and social consequences to which that prohibition would give rise, it must be noted that, even though it has, in the present case, a broad legislative power, the EU legislature must base its choice on objective criteria and examine whether aims pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators (see, to that effect, judgment in Luxembourg v Parliament and Council, C‑176/09, EU:C:2011:290, paragraph 63 and the case-law cited). | 0 |
8,281 | 32. It must therefore be held that the General Court’s finding, in paragraph 38 of the judgment under appeal, that that premium artificially boosts the normal value calculated, is compatible with the Court’s existing case-law according to which the inclusion of that risk premium was such as to affect the normal character of the sales (see the judgment in Ajinomoto and NutraSweet v Council and Commission , EU:C:2001:234, paragraphs 39 and 41). In this regard, it must be held that, in that context, the institutions must examine whether that condition of sale has been applied to all customers in general on the market of the like product or whether it was specific in the light of the situation of the customer at issue. | 31. National legislation intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities falls within the scope of Article 49 TFEU on freedom of establishment (see judgments in Test Claimants in the FII Group Litigation , C‑446/04, EU:C:2006:774, paragraph 37; Idryma Typou , C‑81/09, EU:C:2010:622, paragraph 47; Accor , EU:C:2011:581, paragraph 32; Scheunemann , C‑31/11, EU:C:2012:481, paragraph 23; and Test Claimants in the FII Group Litigation , EU:C:2012:707, paragraph 91). | 0 |
8,282 | 37. In that regard, it is apparent from the case-law that the Court has acknowledged that consumers whose purchasing decisions depend on the composition of the products in question will first read the list of ingredients, the display of which is required by Article 3(1)(2) of Directive 2000/13 (see, to that effect, judgments in Commission v Germany , C‑51/94, EU:C:1995:352, paragraph 34, and Darbo , C‑465/98, EU:C:2000:184, paragraph 22). | 12 The Court has, however, made it clear that neither option excludes the other, since the appropriate choice can be made only in relation to each of the provisions of the Brussels Convention (Tessili, paragraph 11, and Case 144/86 Gubisch Maschinenfabrik v Palumbo [1987] ECR 4861, paragraph 7). | 0 |
8,283 | 44. For an argument based on such a justification to succeed, the Court requires, however, that a direct link be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (Case C-484/93 Svensson and Gustavsson [1995] ECR I-3955, paragraph 18; ICI , paragraph 29; Manninen , paragraph 42; and Keller Holding , paragraph 40), with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question ( Manninen , paragraph 43, and Case C-293/06 Deutsche Shell [2008] ECR I-0000, paragraph 39). | 43. The case-law further shows that an argument based on the need to safeguard the cohesion of a tax system must be examined in the light of the objective pursued by the tax legislation in question (Case C-9/02 De Lasteyrie du Saillant [2004] ECR I-0000, paragraph 67). | 1 |
8,284 | 64. Furthermore, by virtue, in particular, of the principle of sincere cooperation enshrined in Article 4(3) TEU, all the authorities of the Member States, including the administrative and judicial bodies, must ensure the observance of the rules of EU law within the sphere of their competence (see, to that effect, Case C-91/08 Wall [2010] ECR I-2815, paragraph 69). | 41 In those circumstances, the acceptance of movement certificates not issued by the Republic of Cyprus would constitute, in the absence of any possibility of checks or cooperation, a denial of the very object and purpose of the system established by the 1977 Protocol. | 0 |
8,285 | 24 Moreover, according to the Court' s case-law, the factor which determines whether Article 71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment (see, most recently, the judgment in Case C-287/92 Maitland Toosey [1994] ECR I-279, at paragraph 13). | 31 Those differences can be traced to the fact that one of the two retirement schemes provides for a higher pension rate for a worker whose spouse is not in receipt of a retirement pension or equivalent benefit, it being assumed that such a pension or benefit increases the couple' s total income and may, in any event, be waived, while the other scheme, in the same circumstances, awards each spouse, on reaching retirement age, a non-renounceable pension of an equal amount, without however implying any increase at all in the couple' s total income. | 0 |
8,286 | 80. The PDO "Prosciutto di Parma" would not receive comparable protection from an obligation imposed on operators established outside the region of production to inform consumers, by means of appropriate labelling, that the slicing and packaging has taken place outside that region. Any deterioration in the quality or authenticity of ham sliced and packaged outside the region of production, resulting from materialisation of the risks associated with slicing and packaging, might harm the reputation of all ham marketed under the PDO "Prosciutto di Parma" , including that sliced and packaged in the region of production under the control of the group of producers entitled to use the PDO (see, to that effect, Belgium v Spain , paragraphs 76 and 77). | 18. En l’occurrence, il est constant que les plans de réception et de traitement des déchets que les États membres ont l’obligation d’établir, selon l’article 5 de la directive, sont destinés à assurer la transposition effective de la directive. | 0 |
8,287 | 62. It follows that in a situation such as that referred to by the national court in its second question, where a body of materials consists of several separate modules, it is necessary, in order to assess whether an extraction and/or re-utilisation allegedly made from one of the modules covered a substantial part, evaluated quantitatively, of the contents of a database, to determine first whether that module itself constitutes a database within the meaning of Directive 96/9 (see, in that regard, Case C-444/02 Fixtures Marketing [2004] ECR I-10549, paragraphs 19 to 32) and, in addition, fulfils the criteria laid down in Article 7(1) of the Directive for protection by the sui generis right. | 57. It must be borne in mind, however, that it is not for the Court to rule on the interpretation of national provisions, as such an interpretation falls within the exclusive jurisdiction of the national courts. Thus, the Court, when a question is referred to it by a national court, must base itself on the interpretation of national law as described to it by that court (see, to that effect, inter alia, Case C‑360/06 Heinrich Bauer Verlag [2008] ECR I-7333, paragraph 15 and case-law cited).
The questions referred for a preliminary ruling
Preliminary considerations | 0 |
8,288 | 37
In fact, given that it is the order for reference that serves as the basis for the proceedings before the Court, it is essential that the national court should give, in the order for reference itself, the factual and regulatory context of the case in the main proceedings and at least a minimum amount of explanation of the reasons for the choice of the provisions of EU law it seeks to have interpreted and on the link it establishes between those provisions and the national legislation applicable to the proceedings pending before it (see, inter alia, judgment of 21 February 2013, Mora IPR, C‑79/12, not published, EU:C:2013:98, paragraph 37, and order of 3 July 2014, Talasca, C‑19/14, EU:C:2014:2049, paragraph 20). | 39. Similarly, those services are supplied within the framework of the objectives for which the independent group has been set up and are therefore provided in accordance with the purpose of that group. | 0 |
8,289 | 41
Nevertheless, as regards the buildings completed before the relevant period, namely before 19 July 2006, in view of the findings made in paragraph 35 of this judgment, an infringement of Article 6(2) of Directive 92/43 must be found, as the Advocate General has observed in points 55 and 58 of her Opinion, because the Hellenic Republic has not sufficiently circumscribed the use of those buildings (see, by analogy, judgment of 24 November 2011, Commission v Spain, C‑404/09, EU:C:2011:768, paragraphs 124, 125 and 128). Whilst that use might be justified by the principle of legal certainty, by applying the derogation laid down in Article 6(4) of Directive 92/43 mutatis mutandis, the Hellenic Republic has not advanced such a justification — which would require inter alia an examination of whether there are other, less detrimental solutions and a weighing up of the interests concerned, based on an assessment under Article 6(3) of the implications for the conservation objectives of the protected site (see judgment of 14 January 2016, Grüne Liga Sachsen and Others, C‑399/14, EU:C:2016:10, paragraph 57 and the case-law cited). | 128. It follows that this complaint is well founded only if the Commission demonstrates to a sufficient legal standard that the Kingdom of Spain has not taken the appropriate protective measures, consisting in preventing the operational activities of the ‘Feixolín’, ‘Fonfría’, ‘Salguero-Prégame-Valdesegadas’, ‘Ampliación de Feixolín’ and ‘Nueva Julia’ mines, in so far as they took place after the classification of the ‘Alto Sil’ site as an SPA from the year 2000 onwards, from producing deteriorations of the habitats of the capercaillie and disturbances of that species likely to have significant effects having regard to the objective of that directive consisting in ensuring the conservation of that species. | 1 |
8,290 | 98
Where a claim for damages is brought before the General Court, which has jurisdiction under Article 256(1) TFEU, it must determine such a claim sitting in a different composition from that which heard the dispute giving rise to the procedure whose duration is criticised (see, to that effect, judgments of 10 July 2014, Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 67; of 9 October 2014, ICF v Commission, C‑467/13 P, not published, EU:C:2014:2274, paragraph 58; and of 21 January 2016, Galp Energía España and Others v Commission, C‑603/13 P, EU:C:2016:38, paragraph 56). | 58. Le Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE et saisi d’une demande d’indemnité, est tenu de statuer sur une telle demande dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée (arrêt Telefónica et Telefónica de España/Commission, EU:C:2014:2062, point 67 et jurisprudence citée). | 1 |
8,291 | 30
The non-application of the principle of equal treatment to the Union’s relations with third countries is confirmed by the manner in which the Court has given effect to the principle, enshrined in the case-law, referred to in paragraph 26 of this judgment. Accordingly, in the judgment of 28 October 1982, Faust v Commission (52/81, EU:C:1982:369, paragraph 25) the Court confined itself to finding that the difference in treatment of certain imports was due to a difference in treatment of third countries, in order to conclude that that difference in treatment was not contrary to EU law. Likewise, the Court has held that different treatment of traders marketing goods from third countries, which was the automatic consequence of a difference in treatment of third countries, was not contrary to the general principle of equal treatment (see judgments of 10 March 1998, Germany v Council, C‑122/95, EU:C:1998:94, paragraphs 56 to 58, and of 10 March 1998, T. Port, C‑364/95 and C‑365/95, EU:C:1998:95, paragraphs 76 and 77). | 77 Here, it is clear that the restrictions on import opportunities which the introduction of country quotas is likely to entail for economic operators in Categories A and C are the automatic consequence of differences in the treatment accorded to third countries, depending on whether or not they are parties to the Framework Agreement and on the size of the quota allocated to them in that agreement. | 1 |
8,292 | 55. In that context, the Court pointed out that a football club's links with the Member State in which it is established cannot be regarded as any more inherent in its sporting activity than are its links with its locality, town or region. Even though national championships are played between clubs from different regions, towns or localities, there is no rule restricting the right of clubs to field players from other regions, towns or localities in such matches. Moreover, in international competitions participation is limited to clubs which have achieved certain sporting results in their respective countries, without any particular significance being attached to the nationalities of their players (Bosman , paragraphs 131 and 132). | 131 First, a football club's links with the Member State in which it is established cannot be regarded as any more inherent in its sporting activity than its links with its locality, town, region or, in the case of the United Kingdom, the territory covered by each of the four associations. Even though national championships are played between clubs from different regions, towns or localities, there is no rule restricting the right of clubs to field players from other regions, towns or localities in such matches. | 1 |
8,293 | 43. With regard to that provision, it should be noted, first, that the expression ‘control of price levels’ has been interpreted as applying to national legislation of a general character, for example that intended to check inflation (see, to that effect, Commission v Greece , paragraph 25 and case-law cited). Second, in relation to the machinery for the taxation of tobacco, the expression ‘observance of imposed prices’ must be understood as referring to a price which, once determined by the manufacturer or the importer and approved by the public authorities, is binding as a maximum price and must be observed as such at every stage of the distribution chain until it is sold to the consumer. That price-fixing machinery performs the function of ensuring that the integrity of tax revenue is not undermined by the exceeding of imposed prices (see, to that effect, Commission v Greece , paragraph 26 and case-law cited). | 69. The referring court considers that, in view of the harmonisation between marriage and life partnership, which it regards as a gradual movement towards recognising equivalence, as a consequence of the rules introduced by the LPartG and, in particular, of the amendments made by the Law of 15 December 2004, a life partnership, while not identical to marriage, places persons of the same sex in a situation comparable to that of spouses so far as concerns the survivor’s benefit at issue in the main proceedings. | 0 |
8,294 | 47
Thus, the Court has already held that the operators of a café-restaurant, a hotel or a spa establishment are such users and make a communication to the public if they intentionally broadcast protected works to their clientele, by intentionally distributing a signal by means of television or radio sets that they have installed in their establishment (see, to that effect, judgments of 7 December 2006 in SGAE, C‑306/05, EU:C:2006:764, paragraphs 42 and 47; 4 October 2011 in Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 196; and 27 February 2014 in OSA, C‑351/12, EU:C:2014:110, paragraph 26). | 36 Consequently, a Member State is entitled to make the award of unemployment allowance conditional on the persons concerned having last completed periods classed as `periods of insurance' or `periods of employment' under its own legislation. | 0 |
8,295 | 47. Exceptionally, if on the other hand it is established that the act simultaneously pursues a number of objectives or has several components that are indissociably linked, without one being secondary and indirect in relation to the other, such an act will have to be founded on the various corresponding legal bases (see Case C‑211/01 Commission v Council [2003] ECR I‑8913, paragraph 40, and Case C‑178/03 Commission v Parliament and Council , paragraph 43). | 18 Consequently, the requirement that the wine be bottled in the region of production, in so far as it constitutes a condition for the use of the name of that region as a registered designation of origin, would be justified by the concern to ensure that that designation of origin fulfilled its specific function if bottling in the region of production endowed the wine originating in that region with particular characteristics, of such a kind as to give it individual character, or if bottling in the region of production were essential in order to preserve essential characteristics acquired by that wine. | 0 |
8,296 | 29 In this case, the first point to note is that a time-limit of the kind provided for in Article 29(1) of the 1990 Law cannot be regarded as applying only to actions based on Community law (see Case C-228/96 Aprile, cited above, paragraph 22). | 27. Therefore, an activity such as mechanical cockle fishing is covered by the concept of plan or project set out in Article 6(3) of the Habitats Directive. | 0 |
8,297 | 36. Such a framework agreement constitutes a framework agreement within the meaning of Article 1(5) of Directive 2004/18 and therefore falls, generally speaking, within the definition of public contract (see, to that effect, judgment in Commission v Italy , C‑119/2006, EU:C:2007:729, paragraphs 43 and 44), and the fact that it is concluded on behalf of non-profit-making bodies cannot exclude that classification (see, to that effect, judgment in Commission v Italy , EU:C:2007:729, paragraph 41). | 33. That definition shows that the centre of main interests must be identified by reference to criteria that are both objective and ascertainable by third parties. That objectivity and that possibility of ascertainment by third parties are necessary in order to ensure legal certainty and foreseeability concerning the determination of the court with jurisdiction to open main insolvency proceedings. That legal certainty and that foreseeability are all the more important in that, in accordance with Article 4(1) of the Regulation, determination of the court with jurisdiction entails determination of the law which is to apply. | 0 |
8,298 | 75. As the Advocate General has stated in points 169 and 170 of her Opinion, the General Court did not commit an error of law when, in paragraphs 118 to 129 of the judgment under appeal, it recalled and applied the settled case-law of the European Union judicature that neither the 1998 Guidelines nor the Commission’s practice as regards the level of the fines imposed in competition matters infringe the principle of non-retroactivity or the principle of the protection of legitimate expectations (see Dansk Rørindustri and Others v Commission , paragraphs 217, 218 and 227 to 231; Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission , paragraph 25; and Case C‑3/06 P Groupe Danone v Commission [2007] ECR I‑1331, paragraphs 87 to 92). | 21. It is true that the aim of ensuring the continuity of works under complex projects which relate to the flood safety of an area is a technical reason which must be recognised as being important. However, merely to state that a package of works is complex and difficult is not sufficient to establish that it can only be entrusted to one contractor, particularly where the works are subdivided into lots which will be carried out over many years. | 0 |
8,299 | 35. The Court has also held that study finance granted by a Member State to the children of workers constitutes, for the migrant worker, a social advantage for the purposes of Article 7(2) of Regulation No 1612/68, where the worker continues to support the child ( Bernini , paragraphs 25 and 29, and Meeusen , paragraph 19). | 90. In that regard, it should be stated at the outset that, as the Advocate General has noted at point 102 of his Opinion, Community law does not preclude a retirement pension being calculated pro rata temporis in the case of part-time employment. | 0 |
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