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8,400 | 78 At the outset, it should be emphasised that, as the Court has consistently held, in proceedings under Article 169 of the Treaty for failure to fulfil an obligation, it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled (Case 96/81 Commission v Netherlands [1982] ECR 1791, paragraph 6). | 24
Moreover, according to equally settled case-law, the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (judgments of 20 June 2013 in Agroferm, C‑568/11, EU:C:2013:407, paragraph 41, and of 4 March 2015 in Oliver Medical, C‑547/13, EU:C:2015:139, paragraph 47). In addition, the intended use of a product is a relevant criterion only where the classification cannot be made on the sole basis of the objective characteristics and properties of the product (judgments of 16 December 2010 in Skoma-Lux, C‑339/09, EU:C:2010:781, paragraph 47, and of 28 April 2016, in Oniors Bio, C‑233/15, EU:C:2016:305, paragraph 33). | 0 |
8,401 | 51. As the Court has held, in order for national provisions restricting or prohibiting certain selling arrangements not to be caught by Article 28 EC, they must not be such as to prevent access to the market by products from another Member State or to impede access any more than it impedes access by domestic products (Joined Cases C-267/91 and C-268/91 Keck and Mithouard [1993] ECR I-6097, paragraph 17). | 40. Moreover, it is apparent from the Court’s case-law that recourse to the concept of public policy presupposes, in any event, the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society (see, inter alia, Jipa , paragraph 23 and case-law cited, and Gaydarov , paragraph 33). | 0 |
8,402 | 40. In order to rule on the first head of complaint, it should be stated from the outset that citizenship of the Union is intended to be the fundamental status of nationals of the Member States (see, inter alia, Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 31; Case C-135/08 Rottmann [2010] ECR I-1449, paragraph 43; and Case C-256/11 Dereci and Others [2011] ECR I-11315, paragraph 62). | 32 According to the information contained in the order for reference and in the observations of the Finnish Government, the legislation at issue in the main proceedings responds to the concern to limit exploitation of the human passion for gambling, to avoid the risk of crime and fraud to which the activities concerned give rise and to authorise those activities only with a view to the collection of funds for charity or for other benevolent purposes. | 0 |
8,403 | 66
In that regard it must be recalled that, according to settled case-law, where discrimination contrary to EU law has been established, as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category (judgments of 26 January 1999, Terhoeve, C‑18/95, EU:C:1999:22, paragraph 57; of 22 June 2011, Landtová, C‑399/09, EU:C:2011:415, paragraph 51; and of 28 January 2015, ÖBB Personenverkehr, C‑417/13, EU:C:2015:38, paragraph 46). Disadvantaged persons must therefore be placed in the same position as persons enjoying the advantage concerned (judgment of 11 April 2013, Soukupová, C‑401/11, EU:C:2013:223, paragraph 35). | 66IT SHOULD FURTHER BE STATED IN REPLY TO THE QUESTIONS RAISED BY THE RESIDENT MAGISTRATE THAT ALL THE PROVISIONS QUOTED ARE DIRECTLY APPLICABLE AND THAT AS SUCH THEY CONFER ON INDIVIDUALS RIGHTS WHICH THE COURTS OF MEMBER STATES MUST PROTECT .
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8,404 | 27
In the second place, it should be pointed out that an error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122). | 20. In order to answer that question, it should first be borne in mind that the right to a refund of charges levied in a Member State in breach of the rules of EU law is the consequence and complement of the rights conferred on individuals by the provisions of EU law prohibiting such charges. The Member State is therefore required in principle to repay charges levied in breach of EU law (see Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12; Case C‑264/08 Direct Parcel Distribution Belgium [2010] ECR I‑731, paragraph 45; and Case C‑398/09 Lady & Kid and Others , [2011] ECR I‑0000, paragraph 17). | 0 |
8,405 | 46. Whether they are adopted by a Member State on the basis of Article 10(1) of Directive 90/425 or by the Commission on the basis of Article 10(4) of that directive, precautionary measures must observe the principle of proportionality (see, to that effect, in relation to measures adopted by a Member State of destination, Case C-220/01 Lennox [2003] ECR I-7091, paragraph 76; in relation to measures adopted by the Commission, Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraphs 96 to 111, and Jippes , cited above, paragraph 113). | 31. That derogation covers principally activities engaged in by bodies governed by public law acting as public authorities, which, while fully economic in nature, are closely linked to the exercise of rights and powers of public authority. In those circumstances, the fact that such bodies are not subject to VAT on those activities does not potentially have an anticompetitive effect, inasmuch as they are generally engaged in exclusively, or almost exclusively, by the public sector. | 0 |
8,406 | 47. According to settled case-law, needs in the general interest, not having an industrial or commercial character, within the meaning of Article 1(b) of the Community directives relating to the coordination of procedures for the award of public contracts are generally needs which are satisfied otherwise than by the availability of goods and services in the market place and which, for reasons associated with the general interest, the State chooses to provide itself or over which it wishes to retain a decisive influence (see, inter alia , BFI Holding , paragraphs 50 and 51, Agorà and Excelsior , paragraph 37, and Adolf Truley , paragraph 50). | 18. Il revient donc à la Cour de déterminer si, à la date pertinente pour apprécier le manquement, c’est‑à‑dire à l’issue du délai fixé dans l’avis motivé (voir en ce sens, arrêts du 14 septembre 2004, Commission/Espagne, C-168/03, Rec. p. I‑8227, point 24, et du 27 octobre 2005, Commission/Luxembourg, C-23/05, Rec. p. I‑9535, point 9), les mesures nécessaires pour faire cesser ce manquement avaient été prises par le gouvernement italien. | 0 |
8,407 | 66. The right thus conferred on the insured person consequently means that the cost of the treatment given is initially borne by the institution of the Member State of stay, in accordance with the legislation it administers, and the competent institution is subsequently to reimburse the institution of the Member State of stay under the conditions laid down in Article 36 of Regulation No 1408/71 (see Vanbraekel and Others , paragraph 33, and Inizan , paragraphs 20, 22 and 23). | 56. Il s’ensuit que les produits en cause tombent sous l’interdiction prévue audit article 6, paragraphe 1, premier alinéa, de sorte que les États membres ne peuvent en empêcher ou en restreindre la libre circulation, la mise sur le marché ou l’utilisation sur leur territoire. | 0 |
8,408 | 69. As regards a system of prior administrative approval of the kind at issue in the present case, the Court has previously held that such a system must be proportionate to the aim pursued, inasmuch as the same objective could not be attained by less restrictive measures, in particular a system of declarations ex post facto (see, to that effect, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraphs 23 to 28; Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 35; Commission v Portugal , paragraph 50; and Commission v France , paragraph 46). Such a system must be based on objective, non-discriminatory criteria which are known in advance to the undertakings concerned, and all persons affected by a restrictive measure of that type must have a legal remedy available to them (Analir , paragraph 38; Commission v Portugal , paragraph 50; and Commission v France , paragraph 46). | 27 Additional evidence may thus be required where there is suspicion or proof that abuses have been committed. | 0 |
8,409 | 8 The Court has consistently held (see in particular the judgments in Case 8/81 Becker v Finanzamt Muenster-Innenstadt [1982] ECR 53 and Case 103/88 Fratelli Costanzo v Commune di Milano [1989] ECR 1839) that wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where the State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly. | 44 Article 93 of the Treaty provides that aid is to be kept under constant review by the Commission and lays down the procedures for that purpose. In relation to new aid which Member States may intend to grant, there is a preliminary procedure without which no aid can be considered properly granted. In accordance with the first sentence of Article 93(3) of the Treaty, the Commission must be informed of any plans to grant or alter aid prior to such plans being put into effect. | 0 |
8,410 | 35. Having regard to the considerations set out in paragraphs 29 and 30 of this judgment, it is for the competent national court to establish revocation, if appropriate, linked in particular to such a failure, including in the context of proceedings seeking protection of the exclusive rights conferred by Article 5 of Directive 89/104, and which may have been brought late by the proprietor of the mark. If taking account of revocation for the purposes of Article 12(2) in infringement proceedings were solely a matter for the national laws of the Member States, the consequence for trade mark proprietors might be that protection would vary depending on the applicable law. The objective of ‘the same protection under the legal systems of all the Member States’ set out in the ninth recital in the preamble to the directive, where it is described as fundamental, would not be attained (see, on the subject of the onus of proving infringement of the proprietor’s exclusive rights, Case C-405/03 Class International [2005] ECR I-0000, paragraphs 73 and 74). | 60 It should be recalled, first, that, as the Court has already held, in order to determine the economically most advantageous tender, the contracting authority must be able to assess the tenders submitted and take a decision on the basis of qualitative and quantitative criteria relating to the contract in question (see, to that effect, concerning public works contracts, Case 274/83 Commission v Italy [1985] ECR 1077, paragraph 25). | 0 |
8,411 | 66. The Court has consistently held that the statement of reasons required by Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Community court to exercise its power of review. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in ob taining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, in particular, Joined Cases 296/82 and 318/82 Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraph 19; Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I-1719, paragraph 63; and Case C-301/96 Germany v Commission [2003] ECR I-0000, paragraph 87). | La Commission se réfère à l’arrêt du 22 avril 2010, Mattner (C‑510/08, EU:C:2010:216, point 26), dans lequel la Cour a jugé que, en ce qui concerne les donations, les mesures interdites par l’article 63, paragraphe 1, TFUE, en tant qu’elles constituent des restrictions aux mouvements de capitaux, comprennent celles qui ont pour effet de diminuer la valeur de la donation d’un résident d’un État membre autre que celui sur le territoire duquel se trouvent les biens concernés et qui impose la donation de ceux-ci. | 0 |
8,412 | 36. Those principles must also be observed and have the same consequences where, for its implementation, EU legislation obliges Member States to adopt measures imposing obligations on individuals. Such measures must therefore be published so that the latter can become aware of them (see, to that effect, Case C-313/99 Mulligan and Others [2002] ECR I-5719, paragraphs 51 and 52). The individuals concerned must also have the possibility of determining the source of the national measures imposing obligations upon them. Accordingly, not only must the national legislation be published but also the measure of EU law which obliges the Member States to take measures imposing obligations on individuals (see, to that effect, Case C-345/06 Heinrich [2009] ECR I-1659, paragraphs 45 to 47). | 8 A joint statement by the Council and the Commission concerning Article 15 of the Directive (OJ 1990 L 297, p. 48) provides:
"The Council and the Commission state that in open and restricted procedures all negotiation with candidates or tenderers on fundamental aspects of contracts, variations in which are likely to distort competition, and in particular on prices, shall be ruled out; however, discussions with candidates or tenderers may be held but only for the purpose of clarifying or supplementing the content of their tenders or the requirements of the contracting entities and provided this does not involve discrimination."
The facts | 0 |
8,413 | 37 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 42 As the Court has held (see the judgment in Joined Cases C-60 and C-61/84 Cinéthèque v Fédération Nationale des Cinémas Français [1985] ECR 2605, paragraph 25, and the judgment in Case C-12/86 Demirel v Stadt Schwaebisch Gmund [1987] ECR 3719, paragraph 28), it has no power to examine the compatibility with the European Convention on Human Rights of national rules which do not fall within the scope of Community law. On the other hand, where such rules do fall within the scope of Community law, and reference is made to the Court for a preliminary ruling, it must provide all the criteria of interpretation needed by the national court to determine whether those rules are compatible with the fundamental rights the observance of which the Court ensures and which derive in particular from the European Convention on Human Rights. | 0 |
8,414 | 28 By contrast, the second stage of the selection board' s proceedings involves tasks that are primarily comparative in character and is accordingly covered by the secrecy inherent in those proceedings (see the judgments cited above in Case 44/71 Marcato v Commission, paragraph 20; Case 37/72 Marcato v Commission, paragraph 19, and Costacurta v Commission, paragraph 11). | 35. That objective of the Unfair Commercial Practices Directive, which is to fully protect consumers against practices of that kind, relies on the assumption that, in relation to a trader, the consumer is in a weaker position, in that the consumer must be considered to be economically weaker and less experienced in legal matters than the other party to the contract (see, by analogy, Shearson Lehman Hutton , paragraph 18). | 0 |
8,415 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 44 It follows that the amendments made in 1995 to the 1986 Agreement have had the effect of creating the framework of a more intensive cooperation between the United States of America and the Grand Duchy of Luxembourg, which entails new and significant international commitments for the latter. | 0 |
8,416 | 80. In the second place, a trade mark, the essential function of which is to provide the consumer with an assurance as to the identity of the product’s origin, serves in particular to guarantee that all the goods bearing the mark have been manufactured or supplied under the control of a single undertaking which is responsible for their quality (see, inter alia, Case C-206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 48, and Case C‑59/08 Copad [2009] ECR I‑3421, paragraph 45). | 88. Whilst it is true that the protection of private life requires the application of effective sanctions against people processing personal data in ways inconsistent with Directive 95/46, such sanctions must always respect the principle of proportionality. That is so a fortiori since the scope of Directive 95/46 is very wide and the obligations of those who process personal data are many and significant. | 0 |
8,417 | 20. Such discrimination, which is prohibited by the first paragraph of Article 18 TFEU, cannot however be found in relation to a Monegasque company, such as the claimant in the main proceedings, since that company may not usefully claim the benefit of that provision of the Treaty (see, to that effect, Case C‑122/96 Saldanha and MTS [1997] ECR I‑5325, paragraph 15; see also, on freedom of movement of persons, Joined Cases C‑22/08 and C‑23/08 Vatsouras and Koupatantze [2009] ECR I‑4585, paragraph 52). | 29. However, protective measures provided for in a project which are aimed at compensating for the negative effects of the project on a Natura 2000 site cannot be taken into account in the assessment of the implications of the project provided for in Article 6(3). | 0 |
8,418 | 68. First of all, as was observed by the Advocate General in points 138 and 139 of his Opinion, in order to determine whether the sale of land by the public authorities to a private individual constitutes State aid, the Commission must apply the private investor test, to determine whether the price paid by the presumed recipient of the aid corresponds to the selling price which a private investor, operating in normal competitive conditions, would be likely to have fixed. As a rule, the application of that test requires the Commission to make a complex economic assessment (see, to that effect, Case C-56/93 Belgium v Commission [1996] ECR-I 723, paragraphs 10 and 11, and Joined Cases C‑328/99 and C‑399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I‑4035, paragraphs 38 and 39). | 31. It should also be pointed out that the Court has held, in Mostaza Claro , paragraph 38, that the nature and importance of the public interest underlying the protection which the Directive confers on consumers justify the national court being required to assess of its own motion whether a contractual term is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier. | 0 |
8,419 | 23. As the Court has previously held, that requirement of availability is the reason underlying certain grounds for refusal of registration set out in Article 3 of the Directive (see to that effect, in particular, Joined Cases C‑108/97 and C‑109/97 Windsurfing Chiemsee [1999] ECR I‑2779, paragraph 25; Joined Cases C-53/01 to 55/01 Linde and Others [2003] ECR I‑3161, paragraph 73; and Case C‑104/01 Libertel [2003] ECR I‑3793, paragraph 53). | 73. According to the Court's case-law, Article 3(1)(c) of the Directive pursues an aim which is in the public interest, namely that descriptive signs or indications relating to the characteristics of goods or services in respect of which registration is applied for may be freely used by all, including as collective marks or as part of complex or graphic marks. Article 3(1)(c) therefore prevents such signs and indications from being reserved to one undertaking alone because they have been registered as trade marks (see, to that effect, Windsurfing Chiemsee , paragraph 25). | 1 |
8,420 | 54
Thirdly, it is appropriate to note that Article 5(2) of Directive 2001/82 states that the MA holder is to be responsible for the marketing of the medicinal product. It follows therefrom, as the Court has already held as regards plant protection products (judgment of 8 November 2007, Escalier and Bonnarel, C‑260/06 and C‑261/06, EU:C:2007:659, paragraphs 38 to 42 and 50), that livestock farmers, in order to be able to make parallel imports of veterinary medicinal products identical or similar to veterinary medicinal products which, in the Member State of import, have obtained an MA in accordance with Directive 2001/82, must hold an MA issued, even if by a simplified procedure, by the competent national authorities and become responsible for marketing the veterinary medicinal products imported in parallel in the Member State of import. | 25. The Court did not give a ruling on whether the Member States are competent to enact legislation imposing reporting obligations on milk producers established within their territory that go beyond those in the provision to be interpreted since that issue was not the subject-matter of the question referred ( Slob, paragraph 30). | 0 |
8,421 | 33
The Court has nevertheless held that, even if a project was authorised before the system of protection laid down by the Habitats Directive became applicable to the site in question and, accordingly, such a project was not subject to the requirements relating to the procedure for prior assessment according to Article 6(3) of that directive, its implementation nevertheless falls within the scope of Article 6(2) of that directive (see, to that effect, judgments in Stadt Papenburg, C‑226/08, EU:C:2010:10, paragraphs 48 and 49, and Commission v Spain, C‑404/09, EU:C:2011:768, paragraphs 124 and 125). | 15 IT FOLLOWS THAT , EVEN IF POSTAL ACTIVITIES ARE ASSIGNED TO BODIES GOVERNED BY PUBLIC LAW , ARTICLE 13 AND THE REFERENCE TO IT CONTAINED IN THE FINAL SUBPARAGRAPH OF ARTICLE 4 ( 5 ) ARE NECESSARY TO EXEMPT THE WHOLE OF THOSE ACTIVITIES , OF WHICH ONLY A PART MAY BE REGARDED AS THE ACTIVITIES OF A PUBLIC AUTHORITY IN THE STRICT SENSE . IT IS THEREFORE INCORRECT TO STATE THAT THE EXEMPTION PROVIDED FOR BY ARTICLE 13 WOULD BE DEPRIVED OF ANY MEANING IF IT ONLY APPLIED TO THE ACTIVITIES OF A BODY GOVERNED BY PUBLIC LAW .
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8,422 | 62. As regards the French Government’s reference to the far‑reaching budgetary consequences of the Court’s present judgment, it is settled case‑law that the financial consequences which might ensue for a Member State from a preliminary ruling do not in themselves justify limiting the temporal effects of the ruling (Case C‑184/99 Grzelczyk [2001] ECR I‑6193, paragraph 52; Case C‑209/03 Bidar [2005] ECR I‑2119, paragraph 68; and Kalinchev , paragraph 52). In the present case, the French Republic, which requested only at the hearing that the temporal effects of the present judgment be limited, failed to put forward any data at the hearing which would have enabled the Court to consider whether the French Republic actually risks incurring serious economic repercussions. | 49ACCORDINGLY , THERE IS NO CAUSAL LINK BETWEEN THE ALLEGED DAMAGE AND THE ACTION OF THE COMMISSION .
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8,423 | 10. In Case C-360/90 Arbeiterwohlfahrt der Stadt Berlin v Bötel [1992] ECR I-3589 the Court held that Article 119 of the EEC Treaty and the Directive preclude national legislation applicable to a much greater number of women than men from limiting to their individual working hours the compensation, in the form of paid leave or overtime pay, which staff council members employed on a part-time basis are to receive from their employer for attending training courses which impart the knowledge necessary for working on staff councils and are held during the full-time working hours applicable in the undertaking but which exceed their own part-time working hours, when staff council members employed on a full-time basis are compensated for attendance of the same courses on the basis of full-time working hours. | 14 Although compensation such as that at issue in the main proceedings does not derive as such from the contract of employment, it is nevertheless paid by the employer by virtue of legislative provisions and under a contract of employment. Staff council members are necessarily employees of the undertaking and are entrusted with the task of safeguarding staff interests, thus promoting harmonious working relationships within the undertaking, which is in its interests. | 1 |
8,424 | 55. In that respect, the Italian Republic maintains that the difference in treatment is justified by imperative reasons in the public interest relating to the coherence of the tax system, the maintenance of a balanced distribution of the power to tax and the fight against tax evasion, which are grounds that the Court has recognised as being capable of justifying such differences (see, to that effect, Marks & Spencer , paragraph 51; Case C‑414/06 Lidl Belgium [2008] ECR I‑3601, paragraph 42; and, regarding justification based on coherence of the tax system, Case C‑204/90 Bachmann [1992] ECR I-249, paragraph 28, and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I-2107, paragraph 68). | 51. In the light of those three justifications, taken together, it must be observed that restrictive provisions such as those at issue in the main proceedings pursue legitimate objectives which are compatible with the Treaty and constitute overriding reasons in the public interest and that they are apt to ensure the attainment of those objectives. | 1 |
8,425 | 13. In that regard, it must be borne in mind that, in accordance with settled case-law, in the context of the cooperation between the Court of Justice and the national courts under Article 234 EC, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted for a preliminary ruling concern the interpretation of Community law, the Court is, in principle, bound to give a ruling (see Case C-379/98 PreussenElektra [2001] ECR I‑2099, paragraph 38, and Case C-35/99 Arduino [2002] ECR I-1529, paragraph 24). | 111 It follows that the objection concerning the absence of a new hearing of the undertakings concerned must be rejected.
(c) The objection that the Advisory Committee was not re-consulted | 0 |
8,426 | 70. First of all, as regards the justifications based on overriding interests in the public interest, raised by the Portuguese authorities, it should be noted that the Court has already held that, an interest in ensuring the conditions of competition on a particular market cannot constitute valid justification for restrictions on the free movement of capital ( Commission v Italy , paragraphs 36 and 37, and judgment of 14 February 2008 in Case C‑274/06 Commission v Spain , paragraph 44). | 43. In the light of all the above considerations, the Court concludes that the principle of conforming interpretation is binding in relation to framework decisions adopted in the context of Title VI of the Treaty on European Union. When applying national law, the national court that is called upon to interpret it must do so as far as possible in the light of the wording and purpose of the framework decision in order to attain the result which it pursues and thus comply with Article 34(2)(b) EU. | 0 |
8,427 | 33. Secondly, pursuant to the second paragraph of Article 252 TFEU, it is the duty of the Advocate General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice, require the Advocate General’s involvement. The Court is not bound either by the Advocate General’s Opinion or by the reasoning on which it is based (judgment in Commission and Others v Kadi , C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 57). | 30. In that regard, it should be noted that the Sixth Directive contains no express indication concerning the taxable person liable for tax debts resulting from the adjustment of a VAT deduction. | 0 |
8,428 | 45. In the present case, since the tax regime arising under the Franco‑Netherlands Convention forms part of the legal framework applying to the main proceedings and has been presented as such by the national court, the Court of Justice must take it into account in order to provide an interpretation of Community law that is relevant to the national court (see, to that effect, Case C-319/02 Manninen [2004] ECR I‑7477, paragraph 21; Bouanich , paragraph 51; and Test Claimants in Class IV of the ACT Group Litigation , paragraph 71). | 291
When one or more Member States are faced with an emergency situation within the meaning of Article 78(3) TFEU, the burdens entailed by the provisional measures adopted under that provision for the benefit of that or those Member States must, as a rule, be divided between all the other Member States, in accordance with the principle of solidarity and fair sharing of responsibility between the Member States, since, in accordance with Article 80 TFEU, that principle governs EU asylum policy. | 0 |
8,429 | 48
To ascertain whether or not a contested measure produces such effects, it is necessary to look to its substance (judgment of 22 June 2000, Netherlands v Commission, C‑147/96, EU:C:2000:335, paragraph 27 and the case-law cited). Those effects must be assessed in accordance with objective criteria, such as the contents of that measure, taking into account, as appropriate, the context in which it was adopted and the powers of the institution which adopted the measure (judgment of 13 February 2014, Hungary v Commission, C‑31/13 P, EU:C:2014:70, paragraph 55 and the case-law cited). | 38 Consequently, the answer to the fourth question must be that Article 11A(1)(c) of the Sixth Directive is to be interpreted as meaning that the taxable amount for turnover tax on transactions treated as supplies of services under Article 6(2)(a) of the directive must include expenses which are incurred during a period in which the goods are at the taxable person' s disposal in a way that he can actually use them at any time for non-business purposes and which relate to the goods themselves or which the taxable person is entitled to deduct for VAT purposes. The portion of the expenses to be included must be proportionate to the ratio between the total duration of actual use of the goods and the duration of actual use for non-business purposes. | 0 |
8,430 | 52. The mere fact that a Member State has chosen a system of protection different from that adopted by another Member State cannot affect the appraisal as to the need for and proportionality of the provisions adopted (Case C-67/98 Zenatti [1999] ECR I-7289, paragraph 34, and Gräbner , paragraph 47). | 20
In that regard, first, Article 45 TFEU precludes any measure which, albeit applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by EU nationals of the fundamental freedoms guaranteed by the Treaty (judgment of 6 October 2016, Adrien and Others, C‑466/15, EU:C:2016:749 paragraph 26 and the case-law cited). Consequently, a restriction of freedom of movement for persons, even of limited scope or minor importance, is prohibited by Article 45 TFEU (see, to that effect, judgment of 12 July 2012, Commission v Spain, C‑269/09, paragraph 55 and the case-law cited). | 0 |
8,431 | 20. For the principle of non-discrimination on grounds of age to apply in a situation such as that at issue in the case in the main proceedings, that situation must fall within the scope of European Union law ( Kücükdeveci , paragraph 23). | 28 IN THAT RESPECT , IT SHOULD BE NOTED IN THE FIRST PLACE THAT THE LIBERALIZATION OF PAYMENTS PROVIDED FOR IN ARTICLE 106 COMPELS MEMBER STATES TO AUTHORIZE THE PAYMENTS REFERRED TO IN THAT PROVISION IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE CREDITOR OR BENEFICIARY RESIDES . PAYMENTS MADE IN THE CURRENCY OF A THIRD COUNTRY ARE NOT THEREFORE COVERED BY THAT PROVISION .
| 0 |
8,432 | 34. The Court has already held, as pointed out in paragraph 24 above, that, since Directive 2002/14 has defined the group of persons to be taken into account at the time of that calculation, Member States cannot exclude from that calculation a specific category of persons initially included in that group. Thus, although that directive does not prescribe the manner in which the Member States are to take account of employees falling within its scope when calculating the thresholds of workers employed, it does nevertheless require that they be taken into account (see Confédération générale du travail and Others , paragraph 34). | 35 As pointed out by the Commission and the Council, as well as by the Advocate General at point 35 of his Opinion, it is clear from the recitals and Article 1 of Regulation No 2078/92 that the main purpose of the support measures for which that regulation provided was to regulate the production of agricultural products within the meaning of Annex II to the Treaty, in order to promote the transition from intensive cultivation to a more extensive cultivation, of better quality, with farmers being compensated for the financial consequences of this by the granting of aid. | 0 |
8,433 | 26. Such an interpretation would be contrary to the principles of sound administration of justice, legal certainty and the avoidance of multiplication of bases of jurisdiction as regards the same legal relationship that the Court has repeatedly held to be objectives of the Brussels Convention (see, in particular, Case C-269/95 Benincasa [1997] ECR I-3767, paragraph 26, and Italian Leather , paragraph 51). | 42. Cette qualification exclut l’application à un contrat de concession de la règle de compétence prévue au point a) dudit article 5, point 1. En effet, compte tenu de la hiérarchie établie entre le point a) et le point b) par le point c) de cette disposition, la règle de compétence prévue à l’article 5, point 1, sous a), du règlement n’a vocation à intervenir que de façon alternative et par défaut par rapport aux règles de compétence figurant à l’article 5, point 1, sous b), de celui-ci. | 0 |
8,434 | 28. Although, in the light of the 10th recital of the Directive, the protection conferred under Article 5(1)(a) is an absolute right when the use affects or is liable to affect one of the functions of the mark (see Case C-206/01 Arsenal Football Club [2002] ECR I-10273, paragraphs 50 and 51), the application of Article 5(1)(b) depends on there being a likelihood of confusion (see Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 34). The Court points out that in SABEL , cited above (paragraphs 20 and 21), it has already excluded a broad interpretation of Article 4(1)(b) of the Directive, which is, in substance, identical to Article 5(1)(b), an interpretation which had been suggested to it on the ground, inter alia , that Article 5(2) of the Directive, on its wording, applies only where a sign is used for non-similar goods or services. | 38. Therefore, the answer to the fourth question is that clause 4(1) of the framework agreement must be interpreted as meaning that the concept of ‘employment conditions’ covers the compensation that the employer must pay to an employee on account of the unlawful insertion of a fixed‑term clause into his employment contract.
The fifth question | 0 |
8,435 | 34 Any measure adopted after the date of accession is not, by that fact alone, automatically excluded from the derogation laid down in Article 70 of the Act of Accession. Thus, if it is in substance identical to the previous legislation or is limited to reducing or eliminating an obstacle to the exercise of Community rights and freedoms in the earlier legislation, it will be covered by the derogation (see Konle, cited above, paragraph 52). | 23. In those circumstances, since it set in motion such a procedure with the contested proposal, the Hellenic Republic took an initiative likely to affect the provisions of the Regulation, which is an infringement of the obligations under Articles 10 EC, 71 EC and 80(2) EC. | 0 |
8,436 | 17. Directive 2003/88 treats entitlement to annual leave and to a payment on that account as being two aspects of a single right. The purpose of providing payment for that leave is to put the worker, during such leave, in a position which is, as regards his salary, comparable to periods of work (see Robinson-Steele and Others EU:C:2006:177, paragraph 58, and Schultz-Hoff and Others EU:C:2009:18, paragraph 60). | 50. It has consistently been held that if a prior administrative authorisation scheme is to be justified, even though it derogates from a fundamental freedom, it must be based on objective, non-discriminatory criteria known in advance, in such a way as to circumscribe the exercise of the authorities’ discretion so that it is not used arbitrarily (Case C‑389/05 Commission v France [2008] ECR I‑5397, paragraph 94, and Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 64). Furthermore, any person affected by a restrictive measure based on such a derogation must have a judicial remedy available to them (see, to that effect, Case C‑205/99 Analir and Others [2001] ECR I‑1271, paragraph 38). | 0 |
8,437 | 133. It is also the Court’s settled case-law that, when the amount of the fine is determined, there cannot, by the application of different methods of calculation, be any discrimination between the undertakings which have participated in an agreement or a concerted practice contrary to Article 81(1) EC ( Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 58 and the case‑law cited). | 91 The order for reference shows that these additional benefits are calculated separately, solely on the basis of the value of the contributions paid, which are credited to a special fund managed by the trustees as a distinct fund, separate from that created by the employer' s and employees' contributions under the normal occupational pension scheme. | 0 |
8,438 | 27. As follows from settled case-law, partial annulment of a Community act is possible only if the elements whose annulment is sought may be severed from the remainder of the act (see, inter alia, Case C-29/99 Commission v Council [2002] ECR I-11221, paragraphs 45 and 46; Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 29; Case C-239/01 Germany v Commission [2003] ECR I-10333, paragraph 33; Case C-244/03 France v Parliament and Council [2005] ECR I-4021, paragraph 12; and Case C‑36/04 Spain v Council [2006] ECR I-0000, paragraph 9). | 34 Second, it should be emphasised that the specific purpose of Article 77 is to define the conditions in which a person in receipt of a pension may claim a dependent child's allowance from a Member State under whose legislation he receives a pension and that that provision expressly restricts its scope to family allowances. In those circumstances, neither the rule prohibiting discrimination on the basis of nationality laid down in Article 3(1) of Regulation No 1408/71 nor any other provision of that regulation can be interpreted as meaning that it enables the recipient of a pension who resides outside the territory of the paying Member State to obtain from that Member State dependent child allowances other than family allowances. | 0 |
8,439 | 77. Afin de garantir la proportionnalité de l’astreinte, la Commission propose d’appliquer celle‑ci de manière dégressive, dès lors qu’il est particulièrement difficile pour l’État membre défendeur de parvenir à une exécution complète de ses obligations découlant de l’article 260 TFUE et qu’il est envisageable que cet État membre parvienne à augmenter substantiellement le degré d’exécution sans arriver à une exécution complète à court terme (arrêt Commission/Espagne, C‑278/01, EU:C:2003:635, points 47 à 49). La Cour aurait jugé que ce principe était applicable à un cas très semblable à la présente affaire, où la République italienne avait rencontré de sérieuses difficultés à récupérer les aides illégales accordées à un grand nombre de bénéficiaires (arrêt Commission/Italie, C‑496/09, EU:C:2011:740, points 47 et suivants). | 40. However, it is conceivable that, in certain circumstances, the application of such a remuneration model may amount to an abuse, in particular when another method exists which enables the use of those works and the audience to be identified and quantified more precisely and that method is capable of achieving the same legitimate aim, which is the protection of the interests of composers and music editors, without however leading to a disproportionate increase in the costs incurred for the management of the contracts and the supervision of the use of musical works protected by copyright. | 0 |
8,440 | 51 Given the absence of Community provisions relating to the procedure for recovering undue payments, the recovery of unlawfully paid aid must in principle take place in accordance with the relevant procedural provisions of national law (see Case C-24/95 Alcan Deutschland [1997] ECR I-1591, paragraph 24). The Member State is therefore in the best position to determine the appropriate means for such recovery. | 41. In those circumstances, the request that the temporal effects of the present judgment be limited must be rejected.
Costs | 0 |
8,441 | 16 However, it is also apparent from the case-law of the Court (Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret v Fondo de Garantía Salarial [1993] ECR I-6911, paragraph 20; Faccini Dori, paragraph 26; and Joined Cases C-240/98 to C-244/98 Océano Grupo Editorial v Salvat Editores [2000] ECR I-4941, paragraph 30) that, when applying national law, whether adopted before or after the directive, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC). | 13 Pulp producers commonly concluded with their customers long-term supply contracts which could last for up to five years. Under such contracts, the producer guaranteed his customers the possibility of purchasing each quarter a minimum quantity of pulp at a price which was not to exceed the price announced by him at the beginning of the quarter. The customer was free to purchase more or less than the quantity reserved for him and could negotiate reductions in the announced price. | 0 |
8,442 | 12 The Court has held that a holding company whose sole purpose is to acquire holdings in other undertakings, without involving itself directly or indirectly in the management of those undertakings, without prejudice to its rights as a shareholder, does not have the status of taxable person and has no right to deduct tax under Article 17 of the Sixth Directive (see Case C-60/90 Polysar Investments Netherlands v Inspecteur der Invoerrechten [1991] ECR I-3111, paragraph 17). That conclusion was based, inter alia, on the finding that the mere acquisition of financial holdings in other companies did not constitute an economic activity within the meaning of the Sixth Directive. | 33 As regards the challenge to the jurisdiction of the referring court made on the basis of national law, it is not for the Court of Justice, in view of the distribution of functions between itself and the national courts, to determine whether the decision whereby a matter is brought before it has been taken in accordance with the rules of national law governing the organisation of the courts and their procedure (see Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others v Ente Nazional Risi [1994] ECR I-711, paragraph 13).
The first and second questions | 0 |
8,443 | 26. To that end, when national courts hold that the measure at issue constitutes State aid within the meaning of Article 107(1) TFEU, implemented in breach of the third sentence of Article 108(3) TFEU, they may decide to suspend the implementation of the measure in question and order the recovery of payments already made or to order provisional measures in order to safeguard both the interests of the parties concerned and the effectiveness of the Commission’s subsequent decision (see, by analogy, judgment in Deutsche Lufthansa , C‑284/12, EU:C:2013:755, paragraph 43, and order in Flughafen Lübeck , C‑27/13, EU:C:2014:240, paragraph 26). | 31 On that point it should be stated that, as the Austrian Government acknowledged at the hearing, the register enables the competent authorities to reduce the expenditure of the Austrian social security system, inasmuch as the pharmaceutical companies are generally required to agree to lower prices in consideration for the inclusion on the register of one of their medicinal products since that inclusion means that the cost will automatically be borne by the scheme. Under those conditions inclusion of a medicinal product in that register thus constitutes a measure intended to control prices. | 0 |
8,444 | 25. It should be noted at the outset that, according to consistent case-law, the terms used to specify an exemption such as that set out in Article 13 of the Sixth Directive are to be interpreted strictly, since that exemption constitutes an exception to the general principle that VAT is to be levied on all goods and services supplied for consideration by a taxable person. Nevertheless, the interpretation of those terms must be consistent with the objectives pursued by those exemptions and comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Thus, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 should be construed in such a way as to deprive the exemptions of their intended effect (see, to that effect, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18; Case C‑407/07 Stichting Centraal Begeleidingsorgaan voor de Intercollegiale Toetsing [2008] ECR–I0000, paragraph 30; and Case C‑357/07 TNT Post UK [2009] ECR I–0000, paragraph 31). | 31. En l’absence de réglementation de l’Union en matière de restitution d’impôts nationaux indûment perçus, il appartient à l’ordre juridique interne de chaque État membre, en vertu du principe de l’autonomie procédurale de ces derniers, de désigner les juridictions compétentes et de régler les modalités procédurales des recours en justice destinés à assurer la sauvegarde des droits que les contribuables tirent du droit de l’Union. Les États membres ont toutefois la responsabilité d’assurer, dans chaque cas, une protection effective de ces droits (voir arrêt du 27 juin 2013, Agrokonsulting-04, C‑93/12, point 35 et jurisprudence citée). | 0 |
8,445 | 37 In that regard it must be borne in mind that the right freely to provide services may be relied on by an undertaking as against the State in which it is established if the services are provided for persons established in another Member State (Case C-18/93 Corsica Ferries [1994] ECR I-1783, paragraph 30; Case C-379/92 Peralta [1994] ECR I-3453, paragraph 40; and Case C-384/93 Alpine Investments [1995] ECR I-1141, paragraph 30). | 20 Furthermore, the more distinctive the earlier mark, the greater will be the likelihood of confusion (SABEL, paragraph 24), and therefore marks with a highly distinctive character, either per se or because of the recognition they possess on the market, enjoy broader protection than marks with a less distinctive character (see Canon, paragraph 18). | 0 |
8,446 | 22. Ainsi, un signe ne saurait être refusé à l’enregistrement sur le fondement de l’article 7, paragraphe 1, sous c), du règlement n° 207/2009 que s’il est raisonnable d’envisager qu’il sera effectivement reconnu par les milieux intéressés comme une description de l’une desdites caractéristiques [voir par analogie, s’agissant de la disposition identique figurant à l’article 3 de la directive 89/104/CEE du Conseil, du 21 décembre 1988, rapprochant les législations des États membres sur les marques (JO 1989, L 40, p. 1), arrêts Windsurfing Chiemsee, C‑108/97 et C‑109/97, EU:C:1999:230, point 31, ainsi que Koninklijke KPN Nederland, C‑363/99, EU:C:2004:86, point 56]. | 28. In order to determine whether the dominant undertaking has abused its position by the pricing practices it applies, it is necessary to consider all the circumstances and to investigate whether the practice tends to remove or restrict the buyer’s freedom to choose his sources of supply, to bar competitors from access to the market, to apply dissimilar conditions to equivalent transactions with other trading parties, or to strengthen the dominant position by distorting competition ( Deutsche Telekom v Commission , paragraph 175 and case-law cited). | 0 |
8,447 | 84
According to settled case-law of the Court, the need for a uniform interpretation of a provision of EU law means that, where there is divergence between the various language versions of the provision, the latter must be interpreted by reference to the context and purpose of the rules of which it forms part (see, inter alia, judgment of 15 October 2015, Grupo Itevelesa and Others, C‑168/14, EU:C:2015:685, paragraph 42 and the case-law cited). | 42. It should be noted, in regard to this linguistic divergence, that, according to settled case-law, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. The provisions of EU law must be interpreted and applied in a uniform manner, in the light of the versions established in all the languages of the European Union. Where there is a divergence between the various language versions of a provision of EU law, the provision in question must be interpreted by reference to the general scheme and the purpose of the rules of which it forms part (see judgment in Kurcums Metal , C‑558/11, EU:C:2012:721, paragraph 48 and the case-law cited). | 1 |
8,448 | 55. Secondly, losses may be characterised as definitive only if that permanent establishment no longer has any income in the Member State in which it is situated, since, so long as it continues to be in receipt of even minimal income, there is a possibility that the losses sustained may yet be offset by future profits made in that Member State either by the establishment itself or by a third party (judgment in Commission v United Kingdom , C‑172/13, EU:C:2015:50, paragraph 36 and the case-law cited). | 22. Il s’ensuit que, dès lors qu’un litige présentant un élément d’extranéité entre dans le champ d’application matériel du règlement, ce qui n’est pas contesté en l’espèce, et que le défendeur a son domicile sur le territoire d’un État membre, ce qui est le cas dans le litige au principal, les règles de compétence prévues par le règlement doivent, en principe, recevoir application et prévaloir sur les règles nationales de compétence. | 0 |
8,449 | 39
Consequently, review of whether elements of an EU act are severable requires consideration of the scope of those elements in order to assess whether their annulment would alter the spirit and substance of the act (judgments of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraph 112, and of 12 November 2015, United Kingdom v Parliament and Council, C‑121/14, EU:C:2015:749, paragraph 21). | 109. For one thing, such planning seeks to ensure that there is sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. For another thing, it assists in meeting a desire to control costs and to prevent, as far as possible, any wastage of financial, technical and human resources. Such wastage would be all the more damaging because it is generally recognised that the hospital care sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for healthcare are not unlimited, whatever the mode of funding applied. | 0 |
8,450 | 54. As evidenced, in particular, by paragraphs 23 to 25 of Elmeka , an extension of the exemption provided for in Article 15(4) and (8) of the Sixth Directive to stages prior to the final supply of goods or services made directly to the vessel operator was ruled out by the Court in those judgments, in particular because such an exemption would require Member States to set up means of supervision and monitoring in order to be sure of the ultimate use of the goods or services in question. Such means would give rise to constraints for the Member States and the economic agents concerned which would be irreconcilable with the ‘correct and straightforward application of such exemptions’ prescribed by the first sentence of Article 15 of the Sixth Directive (see also Velker International Oil Company , paragraph 24). | 26. It is also settled case-law that the Explanatory Notes, drawn up by the Commission as regards the CN and by the WCO as regards the HS, are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force (see, inter alia, judgment in TNT Freight Management (Amsterdam) , C‑291/11, EU:C:2012:459, paragraph 32). | 0 |
8,451 | 19 On the other hand, if the Kingdom of Belgium can show that the means chosen meet a necessary aim of its social policy and that they are suitable and requisite for attaining that aim, the mere fact that the system of allowances favours a much greater number of male workers cannot be regarded as an infringement of the principle of equal treatment (judgment in Case 171/88 Rinner-Kuehn [1989] ECR 2743, paragraph 14). | 14 . It should, however, be stated that those considerations, in so far as they are only generalizations about certain categories of workers, do not enable criteria which are both objective and unrelated to any discrimination on grounds of sex to be identified . However, if the Member State can show that the means chosen meet a necessary aim of its social policy and that they are suitable and requisite for attaining that aim, the mere fact that the provision affects a much greater number of female workers than male workers cannot be regarded as constituting an infringement of Article 119 . | 1 |
8,452 | 36. In that regard, it follows from settled case-law that Member States may adopt rules for the application of a regulation if they do not obstruct its direct applicability and do not conceal its Community nature, and if they specify that a discretion granted to them by that regulation is being exercised, provided that they adhere to the parameters laid down under it ( Danske Svineproducenter , paragraph 41 and the case-law cited). | 18 A product of the kind at issue in the main proceedings thus falls within the scope of Article 4(1) of the Second Directive, which defines smoking tobacco. The rolls of tobacco at issue here in fact consist of tobacco which has been cut and is capable of being smoked without further industrial processing. | 0 |
8,453 | 35 As regards the limitation in time of the effects of Article 119 of the Treaty, it should be recalled, first, that, in Case 43/75 Defrenne v Sabena [1976] ECR 455 (`Defrenne II'), paragraph 40, the Court held that the principle of equal pay contained in Article 119 of the Treaty may be relied upon before the national courts and that those courts have a duty to ensure protection of the rights which that provision vests in individuals. However, in paragraphs 74 and 75 of the same judgment, the Court made it clear that, by virtue of overriding considerations of legal certainty affecting all the interests involved, both public and private, the direct effect of Article 119 could not be relied on in order to support claims relating to pay periods prior to the date of that judgment, namely 8 April 1976, except as regards those workers who had already brought legal proceedings or made an equivalent claim. | 62 Moreover, that is the reason why the Commission stated at the hearing that the Belgian Government had fulfilled its obligations under the contested measure in regard to the recovery of the aid since, after the dismissal of its application for interim measures by the President of the Court, the Belgian Government sought to have its debt registered as one of Tubemeuse' s unsecured liabilities and lodged an appeal against the judgment rejecting that application . | 0 |
8,454 | 48 Furthermore, that requirement must be appraised by reference to the circumstances of each case, in particular the content of the measure, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see France v Commission, cited above, paragraph 36, and Italy v Commission, cited above, paragraph 48). | 15 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT NEITHER THE COPYRIGHT OWNER OR HIS LICENSEE , NOR A COPYRIGHT MANAGEMENT SOCIETY ACTING IN THE OWNER ' S OR LICENSEE ' S NAME , MAY RELY ON THE EXCLUSIVE EXPLOITATION RIGHT CONFERRED BY COPYRIGHT TO PREVENT OR RESTRICT THE IMPORTATION OF SOUND RECORDINGS WHICH HAVE BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE BY THE OWNER HIMSELF OR WITH HIS CONSENT .
| 0 |
8,455 | 15. According to the case-law of the Court, the exemptions provided for in Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system from one Member State to another (see Case C‑349/96 CPP [1999] ECR I‑973, paragraph 15; Case C‑240/99 Skandia [2001] ECR I‑1951, paragraph 23; and Ygeia , paragraph 15). | 62. There is therefore no difference in treatment in that respect. | 0 |
8,456 | 22 That provision is thus to be regarded as a conflict-of-laws rule which requires the national court hearing an action for compensation brought against the party liable for the injury to apply the law of the Member State to which the institution responsible belongs, not only to determine whether that institution is subrogated by law to the rights of the injured party or those entitled under him, but also to determine the nature and extent of the claims to which the institution responsible for benefits is subrogated (DAK v Lærerstanders Brandforsikring, paragraph 18). | 60. In addition to its function of indicating origin and, as the case may be, its advertising function, a trade mark may also be used by its proprietor to acquire or preserve a reputation capable of attracting consumers and retaining their loyalty. | 0 |
8,457 | 39
It follows from the Court’s established case-law that if a classification regulation is not directly applicable to products which are not identical, but only similar to the product covered by that regulation, the latter is applicable by analogy to such products (see, to that effect, inter alia, judgments of 4 March 2004, Krings, C‑130/02, EU:C:2004:122, paragraphs 34 and 35, and 13 July 2006, Anagram International, C‑14/05, EU:C:2006:465, paragraphs 31 to 33). Therefore, where a national court has doubts as to the validity of a classification regulation which it must apply by analogy to goods which are sufficiently similar to those covered by that regulation, it is justified for that court to submit a request for a preliminary ruling to the Court to assess the validity of that regulation (see, to that effect, inter alia, judgment of 19 February 2009, Kamino International Logistics (C‑376/07, EU:C:2009:105, paragraph 69). | 161. As regards the alleged failure to state reasons, it is not for the Court of Justice to require the General Court to provide reasons for each of its choices where it relies on one item of evidence as opposed to another in support of its decision. To decide otherwise would, once again, be tantamount to the Court of Justice substituting its own assessment of that evidence for that made by the General Court, which it is not empowered to do. It follows from the foregoing that the seventh part of the second ground of the cross‑appeal must be rejected. | 0 |
8,458 | 96 It must be recalled that the principle of proportionality, which is one of the general principles of Community law, requires that measures adopted by Community institutions do not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (Case C-331/88 Fedesa and Others [1990] ECR I-4023, paragraph 13, and Joined Cases C-133/93, C-300/93 and C-362/93 Crispoltoni [1994] ECR I-4863, paragraph 41). | 62 The fourth paragraph of Article 9(2) of Regulation No 3887/92 provides that if an application for aid has been accurately based on information recognised by the competent authority the penalties provided for in the first and second paragraphs of that provision must not be imposed. | 0 |
8,459 | 12 Finally, the Court has held in relation to Article 59 of the Treaty that a Member State cannot be denied the right to take measures to prevent the exercise by a person whose activity is entirely or principally directed towards its territory of the freedoms guaranteed by the Treaty for the purpose of avoiding the professional rules of conduct which would be applicable to him if he were established within that State (judgment in Case 33/74 Van Binsbergen v Bedrijfsvereniging Metaalnijverheid [1974] ECR 1299, paragraph 13). | 36. Consequently, it follows from the requirements inherent in the protection of the rights of individuals relying on Community law that they must have the possibility of obtaining redress in the national courts for the damage caused by the infringement of those rights owing to a decision of a court adjudicating at last instance (see in that connection Brasserie du Pêcheur and Factortame, cited above, paragraph 35). | 0 |
8,460 | 16 The case-law of the Court indicates that the duty to consult the European Parliament in the course of the legislative procedure, in the cases provided for by the Treaty, includes the requirement that the Parliament be reconsulted on each occasion when the text finally adopted, viewed as a whole, departs substantially from the text on which the Parliament has already been consulted, except in cases where the amendments essentially correspond to the wishes of the Parliament itself (see the judgments in Case 41/69 Chemiefarma v Commission [1970] ECR 661 and Case 817/79 Buyl v Commission [1982] ECR 245). | 96. Second, it should also be recalled that the obligation to state reasons does not require the Court of First Instance to provide an account which follows exhaustively and one by one all the arguments put forward by the parties to the case and that the reasoning may therefore be implicit on condition that it enables the persons concerned to know why the Court of First Instance has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its power of review (see, in particular, Joined Cases C-204/00 P, C‑205/00 P, C-211/00 P, C-213/00 P, C-217/00 P and C-219/00 P Aalborg Portland and Others v Commission [2004] ECR I-123, paragraph 372, and the judgment of 25 October 2007 in Case C-167/06 P Komninou and Others v Commission , paragraph 22). | 0 |
8,461 | 53. The risk to health, mentioned by the referring court, is an autonomous factor that must also be taken into consideration by the competent national authorities in the context of the classification of the product as a medicinal product ‘by function’ (see, to that effect, Commission v Austria , cited above, paragraph 65). | 16 Where a sub-buyer of goods purchased from an intermediate seller brings an action against the manufacturer for damages on the ground that the goods are not in conformity, it must be observed that there is no contractual relationship between the sub-buyer and the manufacturer because the latter has not undertaken any contractual obligation towards the former. | 0 |
8,462 | 41. In the absence of a definition of ‘grant’ in Regulation No 1768/92, it follows from the Court’s settled case‑law that, in interpreting a provision of European Union law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case C‑34/05 Schouten [2007] ECR I‑1687, paragraph 25; Case C-466/07 Klarenberg [2009] ECR I-803, paragraph 37; and Case C-433/08 Yaesu Europe [2009] ECR I‑0000, paragraph 24). | 18. The proper conduct of that procedure constitutes an essential guarantee required by the FEU Treaty not only in order to protect the rights of the Member State concerned, but also to ensure that any contentious procedure will have a clearly defined dispute as its subject-matter ( Commission v Germany , paragraph 46; Case C‑442/06 Commission v Italy [2008] ECR I‑2413, paragraph 22). | 0 |
8,463 | 38. Having regard to the characteristics of procedures for the approval of a plan in more than one phase, Directive 85/337 does not preclude a single project from being approved by two acts of national law which are considered, as a whole, to be a development consent within the meaning of Article 1(2) of the directive (see, to that effect, Case C‑508/03 Commission v United Kingdom [2006] ECR I‑3969, paragraph 102). Consequently, the legislature can, when adopting the final act authorising a project, take advantage of the information gathered during a prior administrative procedure (see Boxus and Others , paragraph 44). | 123. S’agissant, d’autre part, de l’argumentation des requérants relative à la violation des principes de sécurité juridique et de non-rétroactivité, il convient de rappeler que le principe de sécurité juridique, qui fait partie des principes généraux du droit de l’Union, exige, notamment, que les règles de droit soient claires, précises et prévisibles dans leurs effets, en particulier lorsqu’elles peuvent avoir sur les individus et les entreprises des conséquences défavorables (voir arrêt du 18 novembre 2008, Förster, C‑158/07, Rec. p. I‑8507, point 67). | 0 |
8,464 | 17 As for the additional implementing measures which the Regions of Flanders and Wallonia are in the course of adopting, it is appropriate to point out that under the third paragraph of Article 189 of the Treaty, directives are binding upon each Member State to which they are addressed as to the result to be achieved. It follows from settled case-law that that obligation requires compliance with the time-limits set by directives (see, among others, Case 10/76 Commission v Italy [1976] ECR 1359, paragraphs 11 and 12, and Case C-176/00 Commission v Greece [2001] ECR I-2063, paragraph 7). | 35. However, according to the case‑law of the Court, such measures may be justified if they fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by overriding reasons based on the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain that objective (see Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 37; Case C‑424/97 Haim [2000] ECR I‑5123 paragraph 57; Case C‑108/96 Mac Quen and Others [2001] ECR I‑837, paragraph 26; and Case C‑243/01 Gambelli and Others [2003] ECR I‑13031, paragraphs 64 and 65). | 0 |
8,465 | 21
In that regard, it should be borne in mind that, in accordance with the Court’s settled case-law, in the preliminary ruling procedure under Article 267 TFEU, based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to find and assess the facts in the dispute in the main proceedings. In that context, the Court is empowered to rule solely on the interpretation or validity of EU law in the light of the factual and legal situation as described by the referring court, in order to provide that court with such guidance as will assist it in resolving the dispute before it (judgments of 28 July 2016, Kratzer, C‑423/15, EU:C:2016:604, paragraph 27, and of 27 April 2017, A-Rosa Flussschiff, C‑620/15, EU:C:2017:309, paragraph 35). | 44. It must be pointed out, in the first place, that, irrespective of its future usefulness, the CDR constitutes written, formal evidence of the quality of the work carried out by the official. Such an appraisal does not merely describe the tasks performed during the relevant period, but also includes an assessment of the personal qualities shown by the individual assessed in the conduct of his professional life. | 0 |
8,466 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 52. In order to ensure full applicability of the Directive in a clear and precise manner, its transposition into the national law of the Member States must reflect the order of precedence laid down in Article 7 of the Directive (see Commission v Netherlands , cited above, paragraph 23). | 0 |
8,467 | 25
First of all, it is apparent from the wording of Article 202(3) of the code that the EU legislature intended to give a broad definition of the persons capable of being regarded as debtors of the customs debt in the event of the unlawful introduction of goods subject to import duties and that it also intended to lay down exhaustively the conditions for determining who are the debtors of customs debt (see judgments of 23 September 2004, Spedition Ulustrans, C‑414/02, EU:C:2004:551, paragraphs 25 and 39; of 3 March 2005 in Papismedov and Others, C‑195/03, EU:C:2005:131, paragraph 38; and of 17 November 2011, Jestel, C‑454/10, EU:C:2011:752, paragraphs 12 and 13). | 13 THEREFORE THAT OFFICIAL DID NOT ACT PURSUANT TO A DELEGATION OF POWERS BUT SIMPLY SIGNED AS A PROXY ON AUTHORITY RECEIVED FROM THE COMMISSIONER RESPONSIBLE . | 0 |
8,468 | 27 Moreover, as the Austrian Government and the Commission have pointed out, the Court has repeatedly held that the distinction between benefits excluded from the scope of Regulation No 1408/71 and those falling within its scope is based essentially on the constituent elements of each particular benefit, in particular its purposes and the conditions on which it is granted (see, in particular, Case C-78/91 Hughes [1992] ECR I-4839, paragraph 14, and Joined Cases C-245/94 and C-312/94 Hoever and Zachow [1996] ECR I-4895, paragraph 17). | 14 The Court has repeatedly held that the distinction between benefits excluded from the scope of Regulation No 1408/71 and those which fall within its scope is based essentially on the constituent elements of the particular benefit, in particular its purposes and the conditions on which it is granted, and not on whether a benefit is classified as a social security benefit by national legislation. | 1 |
8,469 | 94. Furthermore, the compensation which Member States provide for loss or damage which they have caused to individuals by breaches of Community law must be commensurate with the loss or damage sustained. In the absence of relevant Community provisions, it is for the domestic legal system of each Member State to set the criteria for determining the extent of com pensation, but those criteria cannot be less favourable than those applying to similar claims or actions based on domestic law and must in any event not be such as in practice to make it impossible or excessively difficult to obtain redress. National legislation which generally limits the damage for which compensation may be granted to damage done to certain specifically protected individual interests not including loss of profit by individuals is not compatible with Community law (see, to that effect, Brasserie du Pêcheur and Factortame , paragraph 90). | En outre, l’article 56 TFUE confère des droits non seulement au prestataire de services lui-même, mais également au destinataire
desdits services (arrêts Eurowings Luftverkehr, C‑294/97, EU:C:1999:524, point 34; FKP Scorpio Konzertproduktionen, C‑290/04,
EU:C:2006:630, point 32; Dijkman et Dijkman-Lavaleije, C‑233/09, EU:C:2010:397, point 24, ainsi que X, C‑498/10, EU:C:2012:635,
point 23). | 0 |
8,470 | 35
In that regard, it is clear from the case-law of the Court that, when considering whether to recognise as charitable organisations other than those governed by public law, it is for the national authorities, in accordance with EU law and subject to review by the national courts, to take various factors into account. They include the existence of specific provisions, be they national or regional, legislative or administrative, or tax or social security provisions; the public interest nature of the activities of the taxable person concerned; the fact that other taxable persons carrying on the same activities already enjoy similar recognition; and the fact that the costs of the supplies in question may be largely met by health insurance schemes or other social security bodies (judgment in Zimmermann, C‑174/11, EU:C:2012:716, paragraph 31 and the case-law cited). | 11 It should also be remembered that the choice of reference country is a matter falling within the discretion enjoyed by the institutions in analysing complex economic situations. | 0 |
8,471 | 52. By adopting Regulation No 2988/95, and in particular the first subparagraph of Article 3(1) thereof, the European Union legislature intended to establish a general rule on limitation which was applicable in that area and by which it intended, first, to define a minimum period applied in all the Member States and, secondly, to waive the possibility of recovering sums wrongly received from the European Union budget after the expiry of a four-year period after the irregularity affecting the payments at issue was committed (Case C‑131/10 Corman [2010] ECR I‑0000, paragraph 39, and Joined Cases C‑201/10 and C‑202/10 Ze Fu Fleischhandel and Vion Trading [2011] ECR I‑0000, paragraph 24). | 44 IL CONVIENT DONC DE CONCLURE QU ' EN OMETTANT DE FAIRE TOUTE DILIGENCE POUR TRANSMETTRE AU REQUERANT LES INFORMATIONS DONT ELLE DISPOSAIT A LA SUITE DE LA VISITE DE ME ALDER DU 8 NOVEMBRE 1974 , BIEN QU ' UNE TELLE TRANSMISSION AIT ETE SUSCEPTIBLE DE PREVENIR OU , DU MOINS , DE LIMITER LE PREJUDICE POUVANT RESULTER DE L ' IDENTIFICATION DU REQUERANT A TRAVERS DES DOCUMENTS QU ' ELLE AVAIT REMIS A ROCHE , LA COMMISSION A ENGAGE SA RESPONSABILITE ENVERS LE REQUERANT A RAISON DUDIT PREJUDICE .
B ) SUR LE DEVOIR DE CONSEILLER LE REQUERANT EN CE QUI CONCERNE LA CONVENTION DE SAUVEGARDE DES DROITS DE L ' HOMME | 0 |
8,472 | 19
However, in 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 (judgments in Brain Products, C‑219/11, EU:C:2012:742, paragraph 13, and Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 35 and the case-law cited). | 37. That being so, it must be concluded that the first indent of Article 38(1) of the Association Agreement with Slovakia applies to a rule drawn up by a sports federation such as the DHB which determines the conditions under which professional sportsmen engage in gainful employment.
The scope of the principle of non-discrimination set out in the first indent of Article 38(1) of the Association Agreement with Slovakia | 0 |
8,473 | 50. Article 226 of Directive 2006/112 states that, without prejudice to the particular provisions of that directive, only the details listed in that article must mandatorily appear, for VAT purposes, on invoices issued pursuant to Article 220 of that directive (see Pannon Gép Centrum , paragraph 40, and Polski Trawertyn , paragraph 41). | 43. Or, il résulte de l’article 38, paragraphe 1, sous c), du règlement de procédure de la Cour et de la jurisprudence y relative que toute requête introductive d’instance doit indiquer l’objet du litige et l’exposé sommaire des moyens, et que cette indication doit être suffisamment claire et précise pour permettre à la partie défenderesse de préparer sa défense et à la Cour d’exercer son contrôle. Il en découle que les éléments essentiels de fait et de droit sur lesquels un recours est fondé doivent ressortir d’une façon cohérente et compréhensible du texte de la requête elle-même et que les conclusions de cette dernière doivent être formulées de manière non équivoque afin d’éviter que la Cour ne statue ultra petita ou bien n’omette de statuer sur un grief (voir arrêts du 26 avril 2007, Commission/Finlande, C‑195/04, Rec. p. I‑3351, point 22 et jurisprudence citée, ainsi que du 21 février 2008, Commission/Italie, C‑412/04, Rec. p. I‑619, point 103). | 0 |
8,474 | 32. Moreover, Clause 2(2) of the Framework Agreement confers a margin of discretion on Member States as to the application of the Framework Agreement to certain categories of contracts or employment relationships. That provision gives the Member States and/or the social partners the option of making the Framework Agreement inapplicable to ‘initial vocational training relationships and apprentice schemes’ and ‘employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme’ (see Adeneler and Others , EU:C:2006:443, paragraph 57; Sibilio , EU:C:2012:148, paragraphs 52 and 53; and Della Rocca , EU:C:2013:235, paragraph 35). | 57. In addition, Article 15 of Directive 75/442 provides that, in accordance with the principle of polluter pays, the cost of disposing of waste must be borne by the holder who has waste handled by an operator responsible for disposing of it and/or previous holders or the producer of the product from which the waste came. The Directive therefore does not preclude the possibility that, in certain cases, the cost of disposing of waste is to be borne by one or several previous holders, that is to say, one or more natural or legal persons who are neither the producers nor the possessors of the waste. | 0 |
8,475 | 27. With regard to the assessment as to whether a concerted practice is anti‑competitive, close regard must be paid in particular to the objectives which it is intended to attain and to its economic and legal context (see, to that effect, Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraph 25, and Case C‑209/07 Beef Industry Development Society and Barry Brothers [2008] ECR I‑0000, paragraphs 16 and 21). Moreover, while the intention of the parties is not an essential factor in determining whether a concerted practice is restrictive, there is nothing to prevent the Commission of the European Communities or the competent Community judicature from taking it into account (see, to that effect, IAZ International Belgium and Others v Commission , paragraphs 23 to 25). | 28 It follows that, in the main proceedings, even though Mr Terhoeve, a Netherlands national, seeks to rely on the rules relating to freedom of movement for workers against the Netherlands authorities, that does not affect the application of those rules. His complaint is precisely that he was placed at a disadvantage because he worked in another Member State. | 0 |
8,476 | 87. That provision gives concrete expression to the principle of State liability for loss and damage caused to individuals as a result of breaches of EU law for which the State can be held responsible. According to case-law developed since the adoption of Directive 89/665, but which is now consistent, that principle is inherent in the legal order of the Union. The Court has held that individuals harmed have a right to reparation where three conditions are met: the rule of EU law infringed must be intended to confer rights on them; the breach of that rule must be sufficiently serious; and there must be a direct causal link between the breach and the loss or damage sustained by the individuals (Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraphs 31 and 51; and Case C‑445/06 Danske Slagterier [2009] ECR I‑2119, paragraphs 19 and 20). | 26. The Court has also held that, in the case of gaming machines, which, pursuant to mandatory statutory requirements, pay out as winnings, as in the main proceedings, a fixed percentage of the stakes inserted by players, the consideration actually received by the operator in return for making the machines available consists only of the proportion of the stakes which it can actually take for itself ( Glawe , paragraph 9). | 0 |
8,477 | 34. On the other hand, it should be borne in mind that, as a derogation from the fundamental rule of freedom of establishment, Article 45 must be interpreted in a manner which limits its scope to what is strictly necessary in order to safeguard the interests which it allows the Member States to protect (see, inter alia, Case 147/86 Commission v Greece [1988] ECR 1637, paragraph 7; Case C-114/97 Commission v Spain [1998] ECR I-6717, paragraph 34; and Case C-451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I-2941, paragraph 45). | L’article 56 TFUE s’oppose également à l’application de toute réglementation nationale ayant pour effet de rendre la prestation
de services entre les États membres plus difficile que la prestation de services purement interne à un État membre (voir,
notamment, arrêts X et Passenheim-van Schoot, C‑155/08 et C‑157/08, EU:C:2009:368, point 32, ainsi que X, C‑498/10, EU:C:2012:635,
point 20). | 0 |
8,478 | 50. S’agissant, en premier lieu, de la répartition équilibrée du pouvoir d’imposition entre les États membres, invoquée par tous les gouvernements ayant présenté des observations ainsi que par la Commission, il y a lieu de rappeler qu’il s’agit d’un objectif légitime reconnu par la Cour (voir, notamment, arrêts du 29 novembre 2011, National Grid Indus, C‑371/10, Rec. p. I‑12273, point 45, et du 6 septembre 2012, Philips Electronics UK, C‑18/11, point 23) qui peut rendre nécessaire l’application, aux activités économiques des contribuables établis dans l’un desdits États membres, des seules règles fiscales de celui-ci, pour ce qui est tant des bénéfices que des pertes (voir, en ce sens, arrêts précités Marks & Spencer, point 45; Oy AA, point 54, ainsi que Lidl Belgium, point 31). | 63. Selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour, quand bien même ils constitueraient une transposition correcte de la règle de droit de l’Union faisant l’objet du recours en manquement (arrêt Commission/Grèce, C‑407/09, EU:C:2011:196, point 16 et jurisprudence citée). | 0 |
8,479 | 18. According to settled case-law, Article 56(1) EC lays down a general prohibition on restrictions on the movement of capital between Member States (Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 37; Case C‑43/07 Arens‑Sikken [2008] ECR I‑6887, paragraph 28; and Case C‑67/08 Block [2009] ECR I‑883, paragraph 18). | 35 In that connection, the first point to note is that, as the national court has indicated, women take parenting leave far more often than men, and that is also confirmed by the situation in the defendant's undertaking. | 0 |
8,480 | 24 As the Court has consistently held, Article 4(1) of the directive precludes the application of a national measure which, although formulated in neutral terms, works to the disadvantage of far more women than men, unless that measure is based on objective factors unrelated to any discrimination on grounds of sex. That is the case where the measures chosen reflect a legitimate social policy aim of the Member State whose legislation is at issue, are appropriate to achieve that aim and are necessary in order to do so (Case C-343/92 De Weerd, née Roks and Others [1994] ECR I-571, paragraphs 33 and 34). | 11 AS EXPLAINED ABOVE ONE OF THE PRINCIPAL OBJECTIVES OF THAT ORGANIZATION IS TO ENSURE THAT MILK PRODUCERS CAN OBTAIN A PRICE FOR THAT PRODUCT IN THE REGION OF THE TARGET PRICE . THE MECHANISMS INSTITUTED BY THE REGULATION AND DESIGNED TO ACHIEVE THAT END , WHICH HAVE ALREADY BEEN DESCRIBED , ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMUNITY .
| 0 |
8,481 | 60. Article 9 of Directive 98/5, although it does not preclude appeal proceedings being brought before a body which is not a court or tribunal, does not provide that a legal remedy may be open to the person concerned only after all other remedies have been exhausted. In any event, where an appeal before a non-judicial body is provided for by national law, Article 9 requires actual access within a reasonable period (see, by way of analogy, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 180 to 205, 223 and 234) to a court or tribunal as defined by Community law, which is competent to give a ruling on both fact and law. | Toutefois, la Cour a jugé que l’identité entre deux marques et, a fortiori, leur simple similitude ne suffisent pas à conclure à l’existence d’un lien entre ces marques (arrêt du 27 novembre 2008, Intel Corporation, C‑252/07, EU:C:2008:655, point 45). | 0 |
8,482 | 21. The presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of European Union law referred to in the questions bears no relation to the purpose of the main action (see Case C-283/09 Weryński [2011] ECR I-601, paragraph 34 and the case-law cited). | 34. As regards the first issue relating to inadmissibility referred to by the Commission, which is based on the fact that interpretation of Regulation No 1206/2001 does not appear to be necessary for the resolution of the dispute in the main proceedings, it must be recalled that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of European Union law referred to in the questions bears no relation to the purpose of the main action (see, inter alia, Case C-105/03 Pupino [2005] ECR I-5285, paragraph 30, and Case C-467/05 Dell’Orto [2007] ECR I‑5557, paragraph 40). | 1 |
8,483 | 56. Moreover, such a return cannot be considered to constitute, on its own, decisive evidence of the capacity as a taxable person of the person acquiring the goods and at the most can only constitute an indication (see Teleos and Others , paragraph 71, and Case C-184/05 Twoh International [2007] ECR I-7897, paragraph 37). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
8,484 | 42
The position may, however, be different if non-compliance with such formal requirements effectively prevents the production of conclusive evidence that the substantive requirements have been satisfied (judgments of 12 July 2012, EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 71, and of 28 July 2016, Astone, C‑332/15, EU:C:2016:614, paragraph 46). It is apparent from the documents before the Court, and as the Advocate-General noted in points 40 to 43 of his Opinion, that this was not so in the case in the main proceedings. | 35. It follows that there are no exceptions to the general prohibition on divulging confidential information other than those specifically provided for in that article. | 0 |
8,485 | 60
Given that the notion ‘part’, for the purposes of that note, is not defined by that note, the Court, in the interests of a consistent and uniform application of the Common Customs Tariff, has given that notion a single definition common to all the chapters of the CN (see, to that effect, judgments in HARK, C‑450/12, EU:C:2013:824, paragraph 37, and Rohm Semiconductor, C‑666/13, EU:C:2014:2388, paragraph 44). | 35. The second subparagraph of Article 17(6) of the Sixth Directive contains a ‘standstill’ clause which provides for the retention of national exclusions from the right to deduct VAT which were applicable before the Sixth Directive entered into force ( Ampafrance and Sanofi , paragraph 5). The objective of that provision is to allow the Member States, pending the establishment by the Council of the Community system of exclusions from the right to deduct VAT, to maintain any rules of national law excluding the right to deduct which were actually applied by their public authorities at the date of entry into force of the Sixth Directive ( Metropol and Stadler , paragraph 48, and Danfoss and AstraZeneca , paragraphs 30 and 31). | 0 |
8,486 | 19. It must be noted, as a preliminary point, that Community law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, provisions intended to govern the consumption of pharmaceutical products in order to promote the financial stability of their health‑care insurance schemes (Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16; Case C‑249/88 Commission v Belgium [1991] ECR I‑1275, paragraph 31; Joined Cases C‑159/91 and C‑160/91 Poucet and Pistre [1993] ECR I‑637, paragraph 6; Case C‑70/95 Sodemare and Others [1997] ECR I‑3395, paragraph 27; Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 17; Case C‑245/03 Merck, Sharp & Dohme [2005] ECR I‑637, paragraph 28; and Case C‑141/07 Commission v Germany [2008] ECR I‑0000, paragraph 22). | 44. The French Government further argues that the Austrian tax legislation is justified by the need to ensure the effectiveness of fiscal supervision. | 0 |
8,487 | 42 Furthermore, as the Court has held(in particular, in the judgment in Case 78/82 Commission v Italy [1983] ECR 1955, paragraph 11 ), it is clear not only from the wording of Article 37 but also from its position in the general scheme of the Treaty that the article is designed to ensure compliance with the fundamental rule of the free movement of goods throughout the common market, in particular by the abolition of quantitative restrictions and measures having equivalent effect in trade between Member States, and thereby to maintain normal conditions of competition between the Member States should a given product, in one or other of those States, be subject to a national monopoly of a commercial character . | 21
S’agissant des périodes de scolarité, lesquelles sont en cause dans l’affaire au principal, il ressort de la demande de décision préjudicielle que, à la différence du régime antérieur à la 80e modification de la DO.A, le régime instauré par cette modification permet leur prise en compte dans la mesure où elles excédent l’obligation scolaire générale à hauteur du minimum applicable à ce cycle d’études conformément à la législation scolaire, avec un maximum de trois années. | 0 |
8,488 | 51. Il ressort de la jurisprudence qu’une prestation peut être considérée comme accessoire à une prestation principale lorsqu’elle constitue non une fin en soi, mais le moyen de bénéficier dans les meilleures conditions du service principal (voir, en ce sens, arrêts Madgett et Baldwin, précité, point 24; du 25 février 1999, CPP, C‑349/96, Rec. p. I‑973, point 30; du 6 novembre 2003, Dornier, C‑45/01, Rec. p. I‑12911, point 34, ainsi que Horizon College, précité, point 29). | 40. Il y a lieu de rappeler, à cet égard, qu’il résulte de la jurisprudence constante de la Cour que les conditions dans lesquelles un État membre est tenu de réparer les dommages causés aux particuliers par des violations du droit de l’Union qui lui sont imputables sont au nombre de trois, à savoir que la règle de droit violée ait pour objet de conférer des droits aux particuliers, que la violation soit suffisamment caractérisée et qu’il existe un lien de causalité direct entre la violation de l’obligation qui incombe à l’État et le dommage subi par les personnes lésées (voir arrêts du 5 mars 1996, Brasserie du pêcheur et Factortame, C‑46/93 et C‑48/93, Rec. p. I-1029, point 51; du 4 juillet 2000, Haim, C-424/97, Rec. p. I-5123, point 36, ainsi que du 24 mars 2009, Danske Slagterier, C‑445/06, Rec. p. I‑2119, point 20). | 0 |
8,489 | 121. The Irish Government therefore had the task of initiating in good time the procedures necessary for transposing into national law, initially, Article 8 of Directive 75/442 and, subsequently, Articles 9 and 10 of the Directive, so that those procedures were completed within the time-limits prescribed by the directives and the obligations formulated in clear and unequivocal terms in those provisions to achieve a certain result, namely that the operations concerned be carried out only under the requisite permits, were met. In so far as the measures adopted by Ireland to transpose the directives were belated, they cannot be relied on to justify the failure to fulfil obligations (see, by analogy, Case C‑60/01 Commission v France [2002] ECR I-5679, paragraphs 33, 37 and 39). | 80
Therefore, an act of reproduction of a protected design for the purpose of making citations or of teaching is not compatible with fair trade practice within the meaning of that provision where it is done in such a manner that it gives the impression that there is a commercial connection between the third party and the holder of the rights conferred by those designs, or where the third party, who wishes to rely on that limitation in the course of selling goods that are used jointly with goods corresponding to the protected designs, infringes the rights conferred on the holder of the design protected by Article 19 of Regulation No 6/2002, or where that third party takes unfair advantage of the holder’s commercial repute (see, by analogy, judgment of 17 March 2005, Gillette Company and Gillette Group Finland, C‑228/03, EU:C:2005:177, paragraphs 42, 43, 45, 47 and 48). | 0 |
8,490 | 22. As a preliminary point, it is important to note that it follows from the Court’s case-law (see, inter alia, Case 10/86, VAG France [1986] ECR 4071, paragraph 12; Case C-230/96 Cabour [1998] ECR I-2055, paragraphs 47, 48 and 51; and Case C-260/07 Pedro IV Servicios [2009] ECR I-2437, paragraph 68) that non-compliance with a condition necessary for the exemption cannot, in itself, give rise to damages pursuant to Article 101 TFEU or oblige a supplier to accept an applicant distributor into a distribution system. | 57. A Member State may establish an action programme in respect of all the vulnerable zones on its territory or different programmes for different vulnerable zones or parts of zones in that territory. | 0 |
8,491 | 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). | 34. S’il appartient à la juridiction de renvoi de vérifier l’existence d’un transfert de l’intégralité ou d’une part significative du risque lié à l’exploitation du service (arrêt Eurawasser, C-206/08, EU:C:2009:540, point 78), il apparaît que le pouvoir adjudicateur, dans l’affaire au principal, par l’intermédiaire de ses délégations locales, a transféré aux sociétés de taxis ayant été désignées en tant que centres de réservations une partie de l’exécution technique, administrative et financière relative à la procédure électronique de compensation directe desdits frais, dont il avait la charge, conformément à l’article 9 du titre 15 de la loi sur l’assurance maladie. | 0 |
8,492 | 40. Furthermore, in so far as national law lays down an obligation to initiate an interlocutory procedure for the review of constitutionality, the functioning of the system established by Article 267 TFEU requires that the national court be free, first, to adopt any measure necessary to ensure the provisional judicial protection of the rights conferred under the EU legal order and, second, to disapply, at the end of such an interlocutory procedure, that national legislative provision if that court holds it to be contrary to EU law (see Melki and Abdeli , EU:C:2010:363, paragraph 53). | 54 IT MUST, HOWEVER, BE CONSIDERED WHETHER THOSE PROVISIONS GIVE RISE TO IMMEDIATE ANTI-COMPETITIVE EFFECTS AND WHETHER THE COMMISSION ALSO TOOK SUFFICIENT ACCOUNT OF THEIR POTENTIAL EFFECTS . | 0 |
8,493 | 47. It is for the Court to provide the national court with all the elements of interpretation of Community law which may enable it to rule on the case before it, whether or not reference is made thereto in the questions referred (see Case C-241/89 SARPP [1990] ECR I-4695, paragraph 8, and Case C-456/02 Trojani [2004] ECR I-0000, paragraph 38). | 99. It follows that Articles 5, 6 and 7 of Regulation No 261/2004 are not invalid by reason of a breach of the principle of equal treatment. | 0 |
8,494 | 99. The tasks entrusted to notaries in relation to enforcement are therefore subject to the supervision of the court, to which the notary must refer any legal challenges and which, moreover, makes the ultimate decision. Consequently, those tasks cannot be regarded, in themselves, as directly and specifically connected with the exercise of official authority (see, to that effect, Thijssen , paragraph 21; Case 395/05 Commission v Austria , paragraphs 41 and 42; Commission v Germany , paragraphs 43 and 44, and Commission v Portugal , paragraphs 37 and 41). | La Commission considère que, ainsi que la Cour l’a déjà relevé dans les arrêts du 19 septembre 2002, Tulliasiamies et Siilin
(C‑101/00, EU:C:2002:505, point 78) ainsi que du 20 septembre 2007, Commission/Grèce (C‑74/06, EU:C:2007:534, point 30), la
dépréciation d’un véhicule automobile commence dès son achat ou sa mise en service. Or, l’article 11 du code de la taxe sur
les véhicules aurait pour effet que les véhicules automobiles d’occasion de l’Union ayant moins d’un an admis au Portugal
sont taxés comme les véhicules neufs, ce qui constitue, selon elle, une violation de l’article 110 TFUE. | 0 |
8,495 | 52. This finding is consistent with settled case-law that conventions concluded by Member States with non-member countries cannot, in relations between the Member States, be applied to the detriment of the objectives of European Union law (see, to this effect, Case 286/86 Deserbais [1988] ECR 4907, paragraph 18; Joined Cases C-241/91 P and C-242/91 P RTE and ITP v Commission [1995] ECR I-743, paragraph 84; and Case C-301/08 Bogiatzi [2009] ECR I-0000, paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,496 | 106. Decision No 3052/95 defines ‘measure’ as any measure taken by a Member State, except for judicial decisions, which has the effect of restricting the free movement of goods lawfully produced or marketed in another Member State, regardless of its form or the authority from which it emanates (Joined Cases C‑388/00 and C‑429/00 Radiosistemi [2002] ECR I‑5845, paragraph 68, and Case C‑432/03 Commission v Portugal [2005] ECR I‑9665, paragraph 57). | 68 Article 1 of Decision 3052/95 contemplates the measures used by a Member State to prevent the free movement of products lawfully produced or marketed in another Member State. According to the last indent of Article 2 of the Decision, the term measure is defined as any measure other than a judicial decision. Thus the term includes any measure taken by a Member State, except for judicial decisions, which has the effect of restricting the free movement of goods lawfully produced or marketed in another Member State, regardless of its form or the authority from which it emanates. | 1 |
8,497 | 35. Furthermore, with regard to the law concerning civil liability, the Court has also held that the Member States must exercise their powers in that field in compliance with EU law and, in particular, with Article 3(1) of the First Directive, Article 2(1) of the Second Directive and Article 1 of the Third Directive ( Candolin and Others , paragraph 27, and Farrell , paragraph 34). | 62
In order to assess whether an undertaking has actually distanced itself, it is indeed the understanding which the other participants in a cartel have of that undertaking’s intention which is of critical importance when assessing whether it sought to distance itself from the unlawful agreement (judgment in Archer Daniels Midland v Commission, C‑510/06 P, EU:C:2009:166, paragraph 120). | 0 |
8,498 | 13. Likewise, the Court has repeatedly ruled that that requirement of severability is not satisfied in the case where the partial annulment of an act would have the effect of altering its substance (Joined Cases C‑68/94 and C-30/95 France and Others v Commission [1998] ECR I‑1375, paragraph 257; Commission v Council , cited above, paragraph 46; and Germany v Commission , cited above, paragraph 34). | 60. However, it must be recalled that, as follows from the case-law on bankrupt undertakings that have received aid, the restoration of the previous situation and the elimination of the distortion of competition resulting from the unlawfully paid aid may, in principle, be achieved by registration of the liability relating to the repayment of the aid in question in the schedule of liabilities (Case 52/84 Commission v Belgium [1986] ECR 89, paragraph 14; Case C‑142/87 Belgium v Commission (‘Tubemeuse’) [1990] ECR I‑959, paragraphs 60 to 62; and Case C‑277/00 Commission v Germany [2004] ECR I‑3925, paragraph 85). | 0 |
8,499 | 31. Thus, in accordance with Article 43 of Regulation No 44/2001, the declaration of enforceability of a judgment delivered may be the subject of dispute brought by the defendant concerned in the second stage of the procedure. The grounds for dispute that may be relied upon are expressly set out in Articles 34 and 35 of Regulation No 44/2001, to which Article 45 thereof refers (see, to that effect, Prism Investments , paragraphs 32 and 33). | 40. In contrast, the referring court raises the question whether EU law precludes the methods for calculating the theoretical amount of the benefits concerned which are used by the INSS. | 0 |
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