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8,500 | 28 In that connection, it must be observed that it is settled case-law that, in pursuing the objectives of the common agricultural policy, the Community institutions must secure the permanent harmonisation made necessary by any conflicts between those objectives taken individually and, where necessary, give any one of them temporary priority in order to satisfy the demands of the economic factors or conditions in view of which their decisions are made (Case 29/77 Roquette Frères [1977] ECR 1835, paragraph 30; Case C-311/90 Hierl v Hauptzollamt Regensburg [1992] ECR I-2061, paragraph 13; Mondiet, cited above, paragraph 51; and Case C-280/93 Germany v Council [1994] ECR I-4973, paragraph 47). | 37. In that regard, it should be noted that, according to the settled case-law of the Court, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied on before the national courts by individuals against the State where the latter has failed to implement the directive in domestic law by the end of the period prescribed or where it has failed to implement the directive correctly (see, to that effect, Joined Cases C-397/01 to C-403/01 Pfeiffer and Others [2004] ECR I-8835, paragraph 103; Joined Cases C-152/07 to C-154/07 Arcor and Others [2008] ECR I-5959, paragraph 40, and Case C-282/10 Dominguez [2012] ECR, paragraph 33). | 0 |
8,501 | 32. The Court has already held that that provision precludes the obligations contained in Community legislation which has not been published in the Official Journal of the European Union in the language of a new Member State, although that language is an official language of the Union, from being imposed on individuals in that Member State, even though those persons could have learned of that legislation by other means. However, the fact that a Community regulation is not enforceable against individuals in a Member State in the language of which it has not been published has no bearing on the fact that, as part of the acquis communautaire , its provisions are binding on the Member State concerned as from its accession ( Skoma-Lux , paragraphs 51 and 59). | 53. It follows, in particular, from that provision that the Court of First Instance may annul or alter a decision against which an action has been brought only if, at the time the decision was adopted, it was vitiated by one of those grounds for annulment or alteration. The Court of First Instance may not annul or alter that decision on grounds which come into existence subsequent to its adoption (Case C‑416/04 P Sunrider v OHIM [2006] ECR I‑4237, paragraphs 54 and 55). | 0 |
8,502 | 33 Articles 85 and 86 of the Treaty apply only to anti-competitive conduct engaged in by undertakings on their own initiative (see to that effect, as regards Article 86 of the Treaty, Case 41/83 Italy v Commission [1985] ECR 873, paragraphs 18 to 20; Case C-202/88 France v Commission - the so-called `telecommunications terminals' judgment - [1991] ECR I-1223, paragraph 55; and Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 20). If anti-competitive conduct is required of undertakings by national legislation or if the latter creates a legal framework which itself eliminates any possibility of competitive activity on their part, Articles 85 and 86 do not apply. In such a situation, the restriction of competition is not attributable, as those provisions implicitly require, to the autonomous conduct of the undertakings (see also Joined Cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 36 to 72, and more particularly paragraphs 65, 66, 71 and 72). | 61. It follows that, for the purposes of that implementation, a Member State can legitimately choose not to adopt the measure referred to in Clause 5(1)(a), which requires the renewal of such successive fixed-term employment contracts or relationships to be justified by objective reasons. It may, on the contrary, prefer to adopt one or both of the measures referred to in Clause 5(1)(b) and (c) which deal, respectively, with the maximum total duration of those successive fixed-term employment contracts or relationships and the number of renewals of such contracts or relationships, or it may even choose to maintain an existing equivalent legal measure, and it may do so provided that, whatever the measure thus chosen, the effective prevention of the misuse of fixed-term employment contracts or relationships is assured (see Angelidaki and Others , EU:C:2009:250, paragraph 94, and Deutsche Lufthansa , EU:C:2011:129, paragraph 44). | 0 |
8,503 | 22
Next, it should be borne in mind that, under EU competition law, an undertaking must be understood as designating an economic unit even if in law that economic unit consists of several persons, natural or legal (judgments of 12 July 1984 in Hydrotherm Gerätebau, 170/83, EU:C:1984:271, paragraph 11, and 10 September 2009 in Akzo Nobel and Others v Commission, C‑97/08 P, EU:C:2009:536, paragraph 55). | 30. Nothing in the wording of Directive 85/374 leads to the conclusion that the Community legislature, by limiting compensation for damage to goods under that directive to items of property intended for private use or consumption, intended, so as to ensure undistorted competition and to facilitate the free movement of goods, to deprive the Member States of the power, concerning compensation for damage to an item of property intended for professional use and employed for that purpose, to provide for a system of liability which corresponds to that established by that directive. | 0 |
8,504 | 30 However, the Court stated in its judgment in Case 220/81 (Robertson and Others [1982] ECR 2349, paragraph 12), that a Member State cannot require a fresh hallmark to be affixed to products imported from another Member State in which they have been lawfully marketed and hallmarked in accordance with the legislation of that State, where the information provided by that hallmark, in whatever form, is equivalent to that prescribed by the Member State of importation and intelligible to consumers of that State. | 77. Lastly and fourthly, regarding the appellant’s argument that a judgment delivered by the Bundesgerichtshof in a case concerning a trade mark other than the trade mark VITAFRUT, it is clear from the case-law referred to in paragraphs 70 to 72 of this judgment that, when assessing whether use of the mark is genuine, regard must be had to all the circumstances of the case and it is not possible to determine a priori, and in the abstract, what quantitative threshold should be chosen in order to determine whether use is genuine or not. It follows that courts ruling in two different cases may assess differently the genuine nature of the use alleged before them, even when instances of that use may have generated comparable sales volumes. | 0 |
8,505 | 30. In that respect, it is sufficient to note that it is not for the Court of Justice, in the context of the judicial cooperation established by Article 267 TFEU, to call back into question or to verify the accuracy of the interpretation of national law made by the referring court (see, to that effect, Case C‑449/06 Gysen [2008] ECR I‑553, paragraph 17, and Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 32). | 103 Consequently, the ban on the export of live bovine animals cannot be regarded as a manifestly inappropriate measure. | 0 |
8,506 | 39. The Court has, moreover, often stated that moral, religious or cultural factors, as well as the morally and financially harmful consequences for the individual and for society associated with betting and gaming, may serve to justify a margin of discretion for the national authorities, sufficient to enable them to determine, in accordance with their own scale of values, what is required in order to ensure consumer protection and the protection of society ( Stoß and Others , paragraph 76 and case-law cited). | 76. In that context, the Court has, moreover, often stated that moral, religious or cultural factors, as well as the morally and financially harmful consequences for the individual and for society associated with betting and gaming, may serve to justify a margin of discretion for the national authorities, sufficient to enable them to determine, in accordance with their own scale of values, what is required in order to ensure consumer protection and the preservation of public order (see, in particular, Placanica and Others , paragraph 47 and case-law cited, and Liga Portuguesa de Futebol Profissional and Bwin International , paragraph 57). | 1 |
8,507 | 29. Finally, just as in the case of Article 37(1) of the Association Agreement with Poland, the words "[s]ubject to the conditions and modalities applicable in each Member State" in Article 38(1) of the Association Agreement with Slovakia cannot be interpreted in such a way as to allow Member States to make the application of the principle of non-discrimination set out in that provision subject to conditions or discretionary limitations inasmuch as such an interpretation would render that provision meaningless and deprive it of any practical effect (Pokrzeptowicz-Meyer , paragraphs 20 to 24). | 40. As regards such a weaker position, Article 6(1) of Directive 93/13 provides that unfair terms are not to be binding on the consumer. That is a mandatory provision which aims to replace the formal balance which the contract establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them (see judgment in Sánchez Morcillo and Abril Garcia , C‑169/14, EU:C:2014:2099, paragraph 23 and the case-law cited). | 0 |
8,508 | 33 It does not necessarily follow that the appeal must be upheld. As the Court of Justice held in its judgment in Case C-30/91 P Lestelle v Commission [1992] ECR I-3755 (paragraph 28), if the grounds of a judgment of the Court of First Instance disclose a breach of Community law but the operative part appears well founded for other reasons of law, the appeal must be dismissed. | 41 As a preliminary point, it should be noted that when the Council, pursuant to Article 8(4) of Regulation No 3760/92, fixes TACs and distributes fishing opportunities among Member States, it has to evaluate a complex economic situation. | 0 |
8,509 | 20 In order to rule on the merits of this complaint, it must be pointed out, first, that it is not disputed that where a Member State makes registration with the dental association, and therefore the practice by dentists of their profession, subject to the requirement that the persons concerned reside in the district of the professional association with which they seek registration, that constitutes a restriction on freedom of establishment and freedom of movement for workers in that such a requirement prevents dentists established or resident in another Member State from setting up a second dental surgery in the first State or practising as employees there (see, to that effect, in particular, Case C-106/91 Ramrath v Ministre de la Justice [1992] ECR I-3351, paragraphs 20 to 22 and 28). | 28 It follows that Articles 48 and 59 of the Treaty are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude national legislation which might place Community nationals at a disadvantage when they wish to extend their activities beyond the territory of a single Member State (see the Stanton and Wolf judgments, cited above, paragraph 13 in each case). | 1 |
8,510 | 45. As regards, first, the principle of proportionality, it must be noted that the Court has already had occasion to find, in Case C-344/04 IATA and ELFAA [2010] ECR I-403, paragraphs 78 to 92, that Articles 5 to 7 of Regulation No 261/2004 are not invalid by reason of infringement of the principle of proportionality. | 25 In any event it must be noted that the taxable amount in respect of a supply of services is everything which makes up the consideration for the service (see, inter alia, Tolsma, cited above, paragraph 13). | 0 |
8,511 | 77. Thus, such uncertainty constitutes serious interference with the free movement of capital in that it confers on the national authorities, as regards the use of such powers, a latitude so discretionary in nature that it cannot be regarded as proportionate to the objectives pursued (see, to that effect, Case C‑326/07 Commission v Italy [2009] ECR I‑2291, paragraphs 51 and 52). | 31. In that context, it must be held that, in addition to the rules set out in Article 32(1) to (6) of Protocol 1, paragraph (7) of that article provides that the exporting ACP State must carry out, on its own initiative or at the request of the European Union, the necessary enquiries to identify and prevent contraventions of the provisions of that protocol. | 0 |
8,512 | 27
In that regard, it must be recalled that, according to well-established case-law of the Court, pursuant to Article 288 TFEU and by virtue of the very nature of regulations and of their function in the system of sources of EU law, the provisions of those regulations generally have immediate effect in the national legal systems without its being necessary for the national authorities to adopt measures of application. Nonetheless, some of those provisions may necessitate, for their implementation, the adoption of measures of application by the Member States (see, to that effect, judgment of 14 April 2011, Vlaamse Dierenartsenvereniging and Janssens, C‑42/10, C‑45/10 and C‑57/10, EU:C:2011:253, paragraphs 47 and 48 and the case-law cited). | 44 A CET EGARD , IL Y A LIEU D ' OBSERVER QUE , TOUT COMME L ' ARTICLE 2 , PARAGRAPHE 2 , DE LA DIRECTIVE , SON PARAGRAPHE 3 , QUI DETERMINE EGALEMENT LA PORTEE DE L ' ARTICLE 3 , PARAGRAPHE 2 , SOUS C ), EST D ' INTERPRETATION STRICTE . IL RESULTE DE LA MENTION EXPRESSE DE LA GROSSESSE ET DE LA MATERNITE QUE LA DIRECTIVE ENTEND ASSURER , D ' UNE PART , LA PROTECTION DE LA CONDITION BIOLOGIQUE DE LA FEMME ET , D ' AUTRE PART , LES RAPPORTS PARTICULIERS ENTRE LA FEMME ET SON ENFANT . CETTE DISPOSITION DE LA DIRECTIVE NE PERMET DONC PAS D ' EXCLURE LES FEMMES D ' UN EMPLOI AU MOTIF QUE L ' OPINION PUBLIQUE EXIGERAIT QU ' ELLES SOIENT DAVANTAGE PROTEGEES QUE LES HOMMES CONTRE DES RISQUES QUI CONCER NENT LES HOMMES ET LES FEMMES DE LA MEME MANIERE ET QUI SONT DISTINCTS DES BESOINS DE PROTECTION SPECIFIQUES DE LA FEMME TELS QUE LES BESOINS EXPRESSEMENT MENTIONNES .
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8,513 | 37
In that regard, it is settled case-law that the right to a refund of taxes levied by a Member State in breach of rules of EU law is the consequence and complement of the rights conferred on individuals by provisions of EU law prohibiting such taxes, as interpreted by the Court. The Member States are therefore in principle required to repay taxes levied in breach of EU law with the related interest (see judgment of 6 October 2015 in Târșia, C‑69/14, EU:C:2015:662, paragraphs 24 and 25 and the case-law cited). | 32. It must be pointed out that the fact of having been successful in a procedure to select a predefined number of persons on the basis of a comparative assessment of the candidates rather than by application of absolute criteria, which confers a qualification the validity of which is strictly limited in time, cannot be regarded as a professional qualification within the meaning of Article 3(1)(b) of Directive 2005/36. | 0 |
8,514 | 19. It should be noted that although Article 183 of the VAT Directive does not lay down any obligation to pay interest on a refund of excess VAT or the date from which such interest is payable, it cannot be concluded from that fact alone that that article must be interpreted as meaning that no control may be exercised under European Union law over the procedures established by Member States for the refund of excess VAT ( Enel Maritsa Iztok 3 , paragraphs 27 and 28 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,515 | 112. Thus, the solution adopted by the Court in PreussenElektra cannot be applied to the present case. Consequently, the General Court correctly held in paragraph 75 of the judgment under appeal that the Kingdom of the Netherlands had foregone the collection of those resources. | 40 SECONDARILY , THE APPLICANT CLAIMS THAT ARTICLE 8 OF THE SECOND AIDS CODE HAS BEEN INFRINGED . IT ARGUES THAT THE TOTAL AMOUNT OF AID AUTHORIZED BY THE CONTESTED DECISIONS DIFFERS BY SOME 7 500 MILLION ECU FROM THE TOTAL AMOUNT OF AID NOTIFIED TO THE COMMISSION BY 30 SEPTEMBER 1982 , THE DATE BY WHICH , UNDER ARTICLE 8 ( 1 ), ALL AID PLANS HAD TO BE NOTIFIED TO THE COMMISSION . THE APPLICANT OBSERVES THAT IT WAS INFORMED OF THE INCREASE IN AID ONLY BY THE PUBLICATION OF THE DECISIONS OF 29 JUNE 1983 . | 0 |
8,516 | 29. The Court has already held that, in those circumstances, evidence of an abusive practice requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the European Union rules, the purpose of those rules has not been achieved, and, second, a subjective element consisting in the intention to obtain an advantage from the European Union rules by creating artificially the conditions laid down for obtaining it (see, to that effect, Case C‑515/03 Eichsfelder Schlachtbetrieb [2005] ECR I‑7355, paragraph 39 and the case-law cited). | 18. Consequently, the national provisions at issue in the main proceedings do not contain technical specifications within the meaning of Directive 98/34. | 0 |
8,517 | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15, et du 11 décembre 2008, Commission/Belgique, C‑239/08, point 9). | 15. In this regard it is sufficient to observe that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-161/02 Commission v France [2003] ECR I‑6567, paragraph 6, and judgment of 18 July 2007 in Case C‑26/07 Commission v Greece , not published in the ECR, paragraph 6). Since it is established that the law abolishing the subsidy was adopted after the expiry of that period, it is not to be taken into consideration in these proceedings. | 1 |
8,518 | 85. In that regard, it should be noted that Paragraph 10(1)(9) of the EstG concerns the tax treatment of school fees. According to well-established case-law, whilst direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law (see, in particular, Danner , paragraph 28; Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 36; and Case C-524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I-0000, paragraph 25). | 46. En ce qui concerne la première desdites conditions, il est constant que l’orientation sexuelle d’une personne constitue une caractéristique à ce point essentielle pour son identité qu’il ne devrait pas être exigé qu’elle y renonce. Cette interprétation est corroborée par l’article 10, paragraphe 1, sous d), second alinéa, de la directive, duquel il ressort que, en fonction des conditions qui prévalent dans le pays d’origine, un groupe social spécifique peut être un groupe dont les membres ont pour caractéristique commune une orientation sexuelle. | 0 |
8,519 | 56. Consequently, that right of veto, in so far as it confers on that State an influence on the management and control of EDP which is not justified by the size of its shareholding in that company, is liable to discourage operators from other Member States from making direct investments in EDP since they could not be involved in the management and control of that company in proportion to the value of their shareholdings (see, in particular, Commission v Germany , paragraphs 50 to 52, and Case C‑171/08 Commission v Portugal , paragraph 60). | 133. Nevertheless, such a risk depends on a number of factors, such as the degree of similarity between the arguments put forward in the two cases. If the Commission’s pleadings are repeated only in part, partial disclosure could be sufficient to prevent any risk of undermining the pending proceedings. | 0 |
8,520 | 32. Il convient de rappeler, en premier lieu, que la Commission peut solliciter de la Cour le constat de manquements à des dispositions du droit communautaire en raison du fait qu’une pratique générale contraire à celles-ci aurait été adoptée par les autorités d’un État membre, en illustrant cette pratique par des situations spécifiques (voir, en ce sens, arrêts du 26 avril 2005, Commission/Irlande, C‑494/01, Rec. p. I‑3331, point 27, et du 25 octobre 2007, Commission/Irlande, C‑248/05, Rec. p. I‑9261, point 64). | 77 Here, it is clear that the restrictions on import opportunities which the introduction of country quotas is likely to entail for economic operators in Categories A and C are the automatic consequence of differences in the treatment accorded to third countries, depending on whether or not they are parties to the Framework Agreement and on the size of the quota allocated to them in that agreement. | 0 |
8,521 | null | 42
Designating an organ of the executive, such as the Lithuanian Ministry of Justice, as a competent authority for the issue of the European arrest warrant would amount to according the executive a decision-making power in the procedure for surrendering wanted persons, which the Framework Decision specifically aims to prevent. | 0 |
8,522 | 25. Such integration, which is a precondition of the acquisition of the right of permanent residence laid down in Article 16(1) of Directive 2004/38 is based not only on territorial and temporal factors but also on qualitative elements, relating to the level of integration in the host Member State (see Case C-325/09 Dias [2011] ECR I-6387, paragraph 64), to such an extent that the undermining of the link of integration between the person concerned and the host Member State justifies the loss of the right of permanent residence even outside the circumstances mentioned in Article 16(4) of Directive 2004/38 (see, to that effect, Dias , paragraphs 59, 63 and 65). | 69. Precisely because of that surplus, any additional import under the system of EC/OCT cumulation of origin increases the surplus of sugar on the Community market and leads to an increase in subsidised exports (see Emesa Sugar , paragraph 56). | 0 |
8,523 | 27. That consideration is particularly important in the field of education in view of the aims pursued by Article 6(e) TFEU and the second indent of Article 165(2) TFEU, namely, inter alia, encouraging mobility of students and teachers (see judgments in D’Hoop , EU:C:2002:432, paragraph 32; Morgan and Bucher , EU:C:2007:626, paragraph 27; and Prinz and Seeberger , EU:C:2013:524, paragraph 29). | 37. Les dispositions nationales de transposition de cette disposition ne sauraient donc limiter leur applicabilité au seul cas où la contestation de la légalité reposerait sur le moyen tiré de l’omission d’une évaluation de l’incidence sur l’environnement. Exclure cette applicabilité dans le cas où, ayant été réalisée, une évaluation de l’incidence sur l’environnement serait entachée de vices, même graves, priverait les dispositions de la directive 85/337 relatives à la participation du public de l’essentiel de leur effet utile. Une telle exclusion serait dès lors contraire à l’objectif visant à garantir un large accès aux instances juridictionnelles tel que visé à l’article 10 bis de cette directive. | 0 |
8,524 | 42. According to settled case-law, 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 (see, in particular, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59, and Case C‑459/07 Elshani [2009] ECR I‑2759, paragraph 40). | 38 THE POINT TO BE MADE WITH REGARD TO THAT ARGUMENT IS THAT THE EVIDENCE SUBMITTED IN ACCORDANCE WITH REGULATION NO 1624/76 TO THE AUTHORITIES IN THE MEMBER STATES OF DESTINATION RELATES TO THE DENATURING OR PROCESSING OF THE SKIMMED-MILK POWDER BY THE IMPORTER , ITS PURPOSE BEING TO OBTAIN THE RELEASE OF THE SECURITY HELD BY THE AUTHORITIES OF THAT MEMBER STATE . IT DOES NOT RELATE TO THE QUESTION WHETHER THE SKIMMED-MILK POWDER EXPORTED FOR THE PURPOSES OF DENATURING OR PROCESSING MET THE CONDITIONS LAID DOWN BY REGULATION NO 986/68 FOR THE GRANT OF AIDS IN THE EXPORTING MEMBER STATE .
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8,525 | 22 As the Court of Justice observed in paragraph 22 of the judgment in Siesse, the purpose of a levy such as the surcharge at issue in the main proceedings, which is intended to penalise traders who have failed to comply with the prescribed formalities and time-limits, does not appear to be contrary to Community law. In the absence of such a measure, failure to comply with the prescribed formalities would in fact be without consequence for a trader authorised to regularise his position after the expiry of the time-limits. The penalty incurred is thus intended to encourage traders to act within the periods laid down. | 12. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 13 septembre 2007, Commission/Italie, C-260/04, Rec. p. I-7083, point 18, et du 20 mai 2008, Commission/Belgique, C-271/07, point 13). | 0 |
8,526 | 60. In that regard, it is appropriate to note that the Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of the Rules of Procedure if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see, in particular, Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I‑7633, paragraph 31 and the case-law cited). | 34. Consequently, that quality may be included as an award criterion in the contract notice or in the relevant tendering specifications. | 0 |
8,527 | 50. Moreover, the tax authorities concerned may, pursuant to Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (OJ 1977 L 336, p. 15), as amended by Council Directive 2004/106/EC of 16 November 2004 (OJ 2004 L 359, p. 30), call upon the authorities of another Member State in order to obtain all the information that may be necessary to effect a correct assessment of a taxpayer’s liability to tax, including information as to whether that person may be granted a tax exemption (see, to that effect, Case C-55/98 Vestergaard [1999] ECR I-7641, paragraph 26, and Case C-422/01 Skandia and Ramstedt [2003] ECR I-6817, paragraph 42). | 26 In that regard, it should be remembered that Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (OJ 1977 L 336, p. 15) can be invoked by a Member State in order to obtain from the competent authorities of another Member State all the information enabling it to ascertain the correct amount of income tax. In addition, there is nothing to prevent the tax authorities concerned from requiring the taxpayer himself to produce the proof which they consider necessary to assess whether or not the deduction requested should be allowed (see Bachmann and Commission v Belgium, cited above, at respectively paragraphs 18 and 20 and paragraphs 11 and 13). | 1 |
8,528 | 19. It is also settled case-law that the Commission still has an interest in bringing an action under Article 226 EC even when the alleged infringement has been remedied after the expiry of the period prescribed in the reasoned opinion (see, to that effect, Case 283/86 Commission v Belgium [1988] ECR 3271, paragraph 6). | 35 It follows from the foregoing that the claims for damages as compensation for the material harm allegedly suffered by the applicant by reason of his not being promoted from Grade B 2 to Grade B 1 in 1987 must be dismissed as inadmissible . | 0 |
8,529 | 426. It must be borne in mind that, according to consistent case-law, it follows from Article 168a of the EC Treaty (now Article 225 EC), the first paragraph of Article 51 of the EC Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court of Justice that an appeal must state precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal, failing which the appeal or plea concerned is inadmissible (see, inter alia, Limburgse Vinyl Maatschappij and Others v Commission , paragraph 497 and the case-law cited). | 37 Furthermore, the obligation on all traders to have their products distributed by authorized retailers applies without distinction as to the origin of the products in question and does not affect the marketing of goods from other Member States differently from that of domestic products. | 0 |
8,530 | 81 According to established case-law, the freedom of establishment which Article 52 grants to nationals of the Member States and which entails the right for them to take up and pursue activities as self-employed persons under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected includes, pursuant to Article 58 of the Treaty, the right of companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community to pursue their activities in the Member States concerned through a subsidiary, branch or agency (see ICI, cited above, paragraph 20; Case C-254/97 Baxter and Others [1999] ECR I-4809, paragraph 9, and Case C-307/97 Saint-Gobain ZN v Finanzamt Aachen-Innenstadt [1999] ECR I-6161, paragraph 35). | 35 As far as companies or firms are concerned, their corporate seat, in the sense expressed above, serves to determine, like nationality for natural persons, their connection to a Member State's legal order (see ICI, cited above, paragraph 20, and the case-law cited there). | 1 |
8,531 | 27. It is clear from the Court’s case-law that a restriction on the freedom of establishment is permissible only if it is justified by overriding reasons in the public interest. It is further necessary, in such a case, that its application be appropriate to ensuring the attainment of the objective in question and not go beyond what is necessary to attain it (see Case-C446/03 Marks & Spencer [2005] ECR I-10837, paragraph 35; Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 47; and Test Claimants in the Thin Cap Group Litigation , paragraph 64). | 31. A measure which would be just as effective whilst being less restrictive than the measure at issue here would be an obligation imposed on a service-providing undertaking to report beforehand to the local authorities on the presence of one or more deployed workers, the anticipated duration of their presence and the provision or provisions of services justifying the deployment. It would enable those authorities to monitor compliance with Luxembourg social welfare legislation during the deployment while at the same time taking account of the obligations by which the undertaking is already bound under the social welfare legislation applicable in the Member State of origin. | 0 |
8,532 | 34
Read in the light of recital 83 of the Audiovisual Media Services Directive, the first sentence of Article 19(1) of the directive must be understood as expressing the legislature’s intention to ensure that the interests of consumers as television viewers are fully and properly protected (see, to this effect, judgments in Österreichischer Rundfunk, C‑195/06, EU:C:2007:613, paragraphs 26 and 27, and Commission v Spain, C‑281/09, EU:C:2011:767, paragraph 46). | 10 IT WAS THEREFORE AFTER THE RECEIPT OF THAT LETTER , AT THE LATEST , THAT THE COMMISSION WAS UNDER A CLEAR DUTY TO REINSTATE THE APPLICANT ON THE FIRST OCCASION ON WHICH THE REQUIREMENTS OF ARTICLE 40 OF THE STAFF REGULATIONS WERE SATISFIED .
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8,533 | 33. With regard to objective justification of such a restriction, it is to be borne in mind that the Court has on several occasions held that planning requirements relating, on the one hand, to the object of ensuring sufficient and permanent access to a balanced range of high-quality treatment in the Member State concerned and, on the other, to the wish to control costs and avoid, so far as possible, any waste of financial, technical and human resources may justify the requirement of prior authorisation for financial responsibility on the part of the competent institution for treatment proposed in another Member State (see, to that effect, Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81, and Watts , paragraphs 108 to 110). | 15 A CET EGARD, IL CONVIENT DE RAPPELER, AINSI QUE LA COUR L' A SOULIGNE DANS SON ARRET DU 8 JUILLET 1987 ( COMMISSION/ITALIE, 262/85, REC . P . 3073 ), QUE, COMME L' INDIQUE LE TROISIEME CONSIDERANT DE LA DIRECTIVE, LA PROTECTION DES ESPECES MIGRATRICES REVET LE CARACTERE D' UN PROBLEME D' ENVIRONNEMENT TYPIQUEMENT TRANSFRONTALIER QUI IMPLIQUE DES RESPONSABILITES COMMUNES DES ETATS MEMBRES . EN EFFET, L' IMPORTANCE D' UNE PROTECTION COMPLETE ET EFFICACE DES OISEAUX SAUVAGES A L' INTERIEUR DE TOUTE LA COMMUNAUTE, QUEL QUE SOIT LEUR LIEU DE SEJOUR OU ESPACE DE PASSAGE, REND INCOMPATIBLE AVEC LA DIRECTIVE TOUTE LEGISLATION NATIONALE QUI DETERMINE LA PROTECTION DES OISEAUX SAUVAGES EN FONCTION DE LA NOTION DU PATRIMOINE NATIONAL . | 0 |
8,534 | 60. It should be noted in this connection that, even if — in order to ensure full compliance with the Court’s judgment — the penalty payment should be payable in its entirety until such time as the Member State has taken all the measures necessary to bring to an end the failure to fulfil obligations established, nevertheless, in certain specific cases, a penalty which takes account of the progress that the Member State may have made in complying with its obligations may be envisaged (see, to that effect, judgments in Commission v Spain , EU:C:2003:635, paragraphs 43 to 51; in Commission v Italy , EU:C:2011:740, paragraphs 47 to 55; and in Commission v Belgium , EU:C:2013:659, paragraphs 73 and 74). | 44. In that connection, it must be observed, as the Advocate General stated in point 48 of her Opinion, that in examining whether the nature of that relationship is substantially different from that between employees falling, according to national law, within the category of ‘workers’ and their employers, the referring court will therefore have to bear in mind that, in order to have regard to the spirit and purpose of the Framework Agreement on part-time work, that distinction must be made in particular in the light of the differentiation between that category and self-employed persons. | 0 |
8,535 | 22. Provisions preventing or deterring a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement constitute an obstacle to that freedom, even if they apply without regard to the nationality of the workers concerned ( Commission v Denmark , paragraph 35; Commission v Portugal , paragraph 16; Commission v Sweden , paragraph 18; and Case C-318/05 Commission v Germany , paragraph 115). | 22 Accordingly, the answer to the first question must be that the hiring out of tangible property constitutes exploitation of such property which must be classified as an "economic activity" within the meaning of Article 4(2) of the Sixth Directive if it is done for the purpose of obtaining income therefrom on a continuing basis.
The second and third questions | 0 |
8,536 | 74 In cases involving such a discretion, the Community courts must restrict themselves to considering whether the exercise of that discretion contains a manifest error or constitutes a misuse of power or whether the Community institutions clearly exceeded the bounds of their discretion (see Case C-390/95 P Antillean Rice Mills and Others v Commission, cited above, paragraph 48; see also, to that effect, Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraph 40, and Case C-189/01 Jippes and Others [2001] ECR I-5689, paragraph 80). | 49. As a consequence and in those circumstances, without there being any need to rule on the admissibility of the second part of the second plea, that part of the plea must be rejected as unfounded (see, by analogy, judgments in France v Commission , C‑233/02, EU:C:2004:173, paragraph 26, and Komninou and Others v Commission , C‑167/06 P, EU:C:2007:633, paragraph 32), and the second plea must therefore be rejected in its entirety.
The first plea in law, alleging breach of an essential procedural requirement
Arguments of the parties | 0 |
8,537 | 39. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by‑products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the Directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances – provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 60. In that context, it should be noted that it is for the national courts to interpret, as far as it is possible, the provisions of national law in such a way that they can be applied in a manner which contributes to the implementation of Community law. | 0 |
8,538 | 25. Although, as Community law stands at present, the rules governing a person's surname are matters coming within the competence of the Member States, the latter must none the less, when exercising that competence, comply with Community law (see, by way of analogy, Case C-336/94 Dafeki [1997] ECR I-6761, paragraphs 16 to 20), in particular the Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (see, inter alia , Case C-135/99 Elsen [2000] ECR I-10409, paragraph 33). | 11 For the reasons given in, respectively, points 20 to 31, points 42 to 69 and points 76 to 86 of the Advocate General' s Opinion, the first, second and third pleas in law must be dismissed as unfounded.
The fourth plea in law | 0 |
8,539 | 75. In that regard, it must be noted that, as the Court has consistently held, while a prohibition such as that under the Italian legislation, which entails the obligation to use a sales name other than that used in the Member State of production, does not absolutely preclude the importation into the Member State concerned of products originating in other Member States, it is nevertheless likely to make their marketing more difficult and thus impede trade between Member States (see, to that effect, inter alia , Case 182/84 Miro [1985] ECR 3731, paragraph 22; Case 298/87 Smanor [1988] ECR 4489, paragraph 12; Case 286/86 Deserbais [1988] ECR 4907, paragraph 12; and Guimont , cited above, paragraph 26). | 57
It follows that, as DEI argues, the case-law settled by the judgments of 4 December 2013, Commission v Council (C‑121/10, EU:C:2013:784, paragraph 59); and of 4 December 2013, Commission v Council (C‑111/10, EU:C:2013:785, paragraph 58), according to which extension of the existing aid scheme creates new aid, follows the same logic as the judgments of 9 August 1994, Namur-Les assurances du crédit (C‑44/93, EU:C:1994:311); and of 20 May 2010, Todaro Nunziatina & C. (C‑138/09, EU:C:2010:291). It must, moreover, be emphasised that, in those judgments of 4 December 2013, the Court expressly referred to paragraphs 46 and 47 of the latter judgment. | 0 |
8,540 | 80
As the Advocate General observes, in essence, in point 44 of his Opinion, the existence of such liability means that the guaranteeing association is itself a debtor, together with the persons directly liable, in respect of the sums in question. It follows, furthermore, from the very nature of joint and several liability that each debtor is liable for the full amount of the debt and the creditor is, in principle, free to claim payment of that debt from one or more of the debtors as he chooses (see, to that effect, judgment of 18 May 2017, Latvijas dzelzceļš, C‑154/16, EU:C:2017:392, paragraph 85). | 24. However, it should be borne in mind that the concept of ‘implementing Union law’, as referred to in Article 51 of the Charter, requires a certain degree of connection above and beyond the matters covered being closely related or one of those matters having an indirect impact on the other (see, to that effect, Case C‑299/95 Kremzow [1997] ECR I‑2629, paragraph 16). | 0 |
8,541 | 27. The First Directive, as amplified and supplemented by the Second Directive, thus requires the Member States to ensure that civil liability in respect of the use of vehicles normally based in their territory is covered by insurance, and specifies, inter alia, the types of damage to be covered by that insurance (Case C‑22/12 Haasová [2013] ECR, paragraph 38). | 19 In that connection, Article 7 provides that, within the scope of application of the Treaty and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality is to be prohibited. | 0 |
8,542 | Il convient également de rappeler que, si l’avis motivé doit contenir un exposé cohérent et détaillé des raisons ayant amené
la Commission à la conviction que l’État membre intéressé a manqué à l’une des obligations qui lui incombent en vertu du traité,
la lettre de mise en demeure ne saurait être soumise à des exigences de précision aussi strictes que celles auxquelles doit
satisfaire l’avis motivé, celle-ci ne pouvant nécessairement consister qu’en un premier résumé succinct des griefs. Rien n’empêche
donc la Commission de détailler, dans l’avis motivé, les griefs qu’elle a déjà fait valoir de façon plus globale dans la lettre
de mise en demeure (voir, en ce sens, arrêts du 8 avril 2008, Commission/Italie, C‑337/05, non publié, EU:C:2008:203, point
23, et du 13 février 2014, Commission/Royaume-Uni, C‑530/11, non publié, EU:C:2014:67 point 40). | 23. Secondly, as regards the alleged lack of clarity and precision in the definition of the complaints made against the Italian Republic in the pre-litigation procedure, it must be observed that, while the reasoned opinion referred to in Article 226 EC must contain a coherent and detailed statement of the reasons which led the Commission to conclude that the State in question has failed to fulfil one of its obligations under the Treaty, the letter of formal notice cannot be subject to such strict requirements of precision, since it cannot, of necessity, contain anything more than an initial brief summary of the complaints (see, in particular, Case 274/83 Commission v Italy [1985] ECR 1077, paragraph 21; Case C‑279/94 Commission v Italy [1997] ECR I‑4743, paragraph 15; and Case C‑221/04 Commission v Spain [2006] ECR I‑4515, paragraph 36). | 1 |
8,543 | 20 As regards the relationship between Article 9(1) and Article 9(2), the Court has already held that Article 9(2) sets out a number of specific instances of places where certain services are deemed to be supplied, whereas Article 9(1) lays down the general rule on the matter. The object of those provisions is to avoid, first, conflicts of jurisdiction, which may result in double taxation, and, secondly, non-taxation, as Article 9(3) indicates, albeit only as regards specific situations (Case 168/84 Berkholz v Finanzamt Hamburg-Mitte-Altstadt [1985] ECR 2251, paragraph 14). | 39. Indeed, Clause 5(2) of the Framework Agreement in principle leaves it to the Member States to determine the conditions under which fixed‑term employment contracts or relationships are to be regarded as contracts or relationships of indefinite duration (see, inter alia, Adeneler and Others , paragraph 81). | 0 |
8,544 | 21 In accordance with the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC), a directive is binding, as to the results to be achieved, upon each Member State to which it is addressed. This obligation entails compliance with the time-limits set by directives (Case 10/76 Commission v Italy [1976] ECR 1359, paragraph 12). | 32. In that respect, it is sufficient to point out that the Court has held that the scope of Directive 2000/78 must be understood, in the light of Article 3(1)(c) and Article 3(3) read in conjunction with recital 13 in the preamble to the Directive, as excluding social security or social protection schemes, the benefits of which are not equivalent to ‘pay’ within the meaning given to that term for the application of Article 157 TFEU, and payments of any kind made by the State with the aim of providing access to employment or maintaining employment (Case C‑267/06 Maruko [2008] ECR I‑1757, paragraph 41). | 0 |
8,545 | 36. In such a situation, the right of the competent authorities and courts of a Member State to refuse to recognise the validity of a driving licence obtained in another Member State by a person whose driving licence has been temporarily suspended in the first Member State must be recognised absolutely and definitively on the basis of the provisions of Directive 91/439, in particular Article 8(4) thereof, where the temporary suspension is followed by the withdrawal of the right to drive on the basis of the same facts (see, to that effect, the order of 3 July 2008 in Case C‑225/07 Möginger , paragraph 41). The fact that withdrawal of the right to drive is ordered after the date of issue of the new driving licence is irrelevant in that regard, since the grounds for that measure existed at that date (see, a contrario, Kapper , paragraph 74). | 25. By contrast, the components of the worker’s total remuneration which are intended exclusively to cover occasional or ancillary costs arising at the time of performance of the tasks which the worker is required to carry out under his contract of employment, such as costs connected with the time that pilots have to spend away from base, need not be taken into account in the calculation of the payment to be made during annual leave. | 0 |
8,546 | 108. In accordance with the Court’s case-law, the finding in paragraph 107 of this judgment is not by itself sufficient to substantiate a conclusion that the national provisions are incompatible with the prohibition of discrimination on grounds of nationality under the EAEC Treaty. It is also necessary to ascertain whether the failure to take account of the official authorisations granted in respect of nuclear installations situated in Member States other than the Republic of Austria, pursuant to Paragraph 364a of the ABGB, and the application of Paragraph 364(2) of the ABGB alone in respect of those installations, may not be justified by objective considerations unrelated to nationality and, if so, whether such a difference in treatment is proportionate to the legitimately pursued objective (see, inter alia, to that effect, regarding Article 12 EC, Commission v Italy , paragraph 20; Case C‑164/07 Wood [2008] ECR I‑4143, paragraph 13; and Case C‑524/06 Huber [2008] ECR I‑0000, paragraph 75). | 9THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY , INTERVENING IN THE PROCEEDINGS , PUT FORWARD VARIOUS ARGUMENTS WHICH , IN ITS VIEW , JUSTIFY THE APPLICATION OF PROVISIONS RELATING TO THE MINIMUM ALCOHOL CONTENT OF ALCOHOLIC BEVERAGES , ADDUCING CONSIDERATIONS RELATING ON THE ONE HAND TO THE PROTECTION OF PUBLIC HEALTH AND ON THE OTHER TO THE PROTECTION OF THE CONSUMER AGAINST UNFAIR COMMERCIAL PRACTICES .
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8,547 | 51. As regards the second condition, after stating that the decisive test for finding that an infringement of EU law is sufficiently serious is whether the Member State concerned manifestly and gravely disregarded the limits of its discretion, the Court indicated the criteria that national courts — which have sole jurisdiction to find the facts in the main proceedings and to decide how to characterise the infringements of EU law at issue — may take into account, such as the degree of clarity and precision of the rule infringed ( Brasserie du pêcheur and Factortame , EU:C:1996:79, paragraphs 55, 56 and 58). | 19. Cross-border merger operations, like other company transformation operations, respond to the needs for cooperation and consolidation between companies established in different Member States. They constitute particular methods of exercise of the freedom of establishment, important for the proper functioning of the internal market, and are therefore amongst those economic activities in respect of which Member States are required to comply with the freedom of establishment laid down by Article 43 EC.
The existence of a restriction on the freedom of establishment | 0 |
8,548 | 36. In line with paragraph 29 of the present judgment, regarding the concept of ‘other securities’ referred to in Article 13(B)(d)(5) of the Sixth Directive, it must be held that transactions that are exempt from VAT under paragraph 3 of that provision also relate to the sphere of financial transactions (see, to that effect, Velvet & Steel Immobilien EU:C:2007:232, paragraph 22). | 22. The same conclusion is also valid for the other transactions set out in subparagraphs 1 and 3 to 6 of Article 13B(d) of the Sixth Directive. Thus, subparagraph 1 concerns credit; subparagraph 3, deposit and current accounts, payments, transfers, debts, cheques and other negotiable instruments; subparagraph 4, legal tender; subparagraph 5, shares and other securities, and subparagraph 6, management of special investment funds. Although those transactions, defined according to the nature of the services provided, do not necessarily have to be carried out by banks or other financial institutions (see, to that effect, SDC , paragraph 32; Case C‑305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I‑6729, paragraph 64; and Case C‑169/04 Abbey National [2006] ECR I‑4027, paragraph 66), they relate, nevertheless, as a whole, to the sphere of financial transactions. | 1 |
8,549 | 35 Articles 85 and 86 of the Treaty are, in themselves, concerned solely with the conduct of undertakings and not with laws or regulations adopted by Member States. However, it is settled law that Articles 85 and 86, read in conjunction with Article 5 of the Treaty, require the Member States not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (Centro Servizi Spediport, cited above, paragraph 20, and the case-law cited therein).
Articles 86 and 90 of the Treaty | 11. In that context, in order to give a useful answer to the question referred for a preliminary ruling, the Court can take as a basis the premiss that, for the purposes of assessing their safety and efficacy, the two medicinal products do not differ significantly. | 0 |
8,550 | 97 In that connection, it is important to emphasise first that the principle laid down in Article 3(1) of Decision No 3/80, prohibiting all discrimination based on nationality in the field covered by that decision, means that a Turkish national to whom that decision applies must be treated in the same way as nationals of the host Member State, so that the legislation of that Member State cannot impose upon such a Turkish national more or stricter conditions than those applicable to its own nationals (see, by analogy, Case 186/87 Cowan v Trésor Public [1989] ECR 195, paragraph 10, Kziber, paragraph 28, and Hallouzi-Choho, paragraphs 35 and 36, both cited above). | 22. However, in order for such rules to comply with the principle of proportionality, it must be ascertained not only whether the means which they employ are suitable for the purpose of attaining the desired objectives but also whether those means do not go beyond what is necessary for that purpose (Case C‑463/01 Commission v Germany [2004] ECR I‑11705, paragraph 78, and Case C‑309/02 Radlberger Getränkegesellschaft and S. Spitz [2004] ECR I‑11763, paragraph 79). | 0 |
8,551 | 28. Conformément à l’article 5, paragraphe 2, de cette directive, une pratique commerciale est déloyale si elle est contraire aux exigences de la diligence professionnelle et altère ou est susceptible d’altérer de manière substantielle le comportement économique du consommateur moyen par rapport au produit (arrêts précités VTB-VAB et Galatea, point 54, ainsi que CHS Tour Services, point 36). | 38
It must be noted that, according to Court’s case-law, however, there are only two situations in which the failure to meet a formal requirement may result in the loss of entitlement to an exemption from VAT (see, to that effect, judgment of 20 October 2016, Plöckl, C‑24/15, EU:C:2016:791, paragraph 43). | 0 |
8,552 | 48. According to settled case-law, that concept covers every type of insurance incorporating a voluntary element, whether or not there is any continuance of existing insurance (see judgments in Liégeois , EU:C:1977:50, paragraphs 12 to 14, and Hartmann Troiani , 368/87, EU:C:1989:206, paragraph 12). | 22 When addressing that question, it must be borne in mind that, within the framework of proceedings brought under Article 177 of the Treaty, the Court does not have jurisdiction to give a ruling on the compatibility of a national measure with Community law. However, it does have jurisdiction to supply the national court with a ruling on the interpretation of Community law so as to enable that court to determine whether such compatibility exists in order to decide the case before it (see, inter alia, Case C-134/95 USSL No 47 di Biella v INAIL [1997] ECR I-195, paragraph 17). | 0 |
8,553 | 30. In that regard, the Court of Justice points out that the need to provide an interpretation of European Union law which will be of use to the national court makes it necessary that the referring court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (see Joined Cases C‑320/90 to C‑322/90 Telemarsicabruzzo and Others [1993] ECR I‑393, paragraph 6, and Case C‑380/05 Centro Europa 7 [2008] ECR I‑349, paragraph 57). | 46. If, by virtue of that protection, an absence for an important event such as pregnancy or childbirth does not affect the continuity of the five years of residence in the host Member State required for the granting of that right of residence, the physical constraints of the late stages of pregnancy and the immediate aftermath of childbirth, which require a woman to give up work temporarily, cannot, a fortiori, result in that woman losing her status as a worker. | 0 |
8,554 | 35. More particularly, the Court has already held that a Turkish national can be denied, by means of expulsion, the rights which he derives directly from Decision No 1/80 only if that measure is justified because his personal conduct indicates a specific risk of new and serious prejudice to the requirements of public policy. Such a measure can thus not be ordered automatically on general preventive grounds following a criminal conviction ( Nazli , paragraphs 61 and 63, and Case C‑383/03 Dogan [2005] ECR I‑6237, paragraph 24). | 22. It is apparent from recital (11) in the preamble to Regulation No 2700/2000 that the purpose of the amendment of Article 220(2)(b) of the Customs Code was to define, for the particular case of preferential arrangements, the concepts of error by the customs authorities and good faith of the person liable for payment. Thus, without having recourse to an amendment of the substance, the aim of that article is t o explain the above concepts, which were already contained in the initial version of Article 220 and defined by the case-law of the Court (see, inter alia, Joined Cases C‑153/94 and C-204/94 Faroe Seafood and Others [1996] ECR I‑2465, paragraphs 92 and 97; Case C‑15/99 Sommer [2000] ECR I‑8989, paragraphs 35 to 37; order in Case C‑30/00 William Hinton & Sons [2001] ECR I‑7511, paragraphs 68 to 73, and Ilumitrónica , paragraphs 42 and 43). | 0 |
8,555 | 19. Consequently, Article 40 of the EEA Agreement and Annex XII thereto are applicable to a dispute such as that before the referring court, which relates to a transaction between nationals of States which are party to that Agreement. According to settled case-law, the Court may give an interpretation of those provisions where a reference is made by a court of a Member State of the European Union with regard to the scope within that Member State of an agreement which forms an integral part of the EU legal system (see Case C-321/97 Andersson and Wåkerås-Andersson [1999] ECR I-3551, paragraphs 26 to 31; Case C-300/01 Salzmann [2003] ECR I-4899, paragraph 65; and Case C‑452/01 Ospelt and Schlössle Weissenberg [2003] ECR I‑9743, paragraph 27). | 26. The concept of pay, within the meaning of Article 157(2) TFEU, comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer (see, inter alia, Case C‑262/88 Barber [1990] ECR I‑1889, paragraph 12). | 0 |
8,556 | 40. In that regard, it is clear from the order for reference that the similarity between the trade marks of the Specsavers group and the signs used by Asda was created intentionally in order to create an association in the mind of the public between the two trade signs. The fact that Asda used a similar colour to that used by the Specsavers group with the intention of taking advantage of the distinctive character and reputation of the latter’s trade marks is a factor which must be taken into account in order to ascertain whether it can be held that unfair advantage is being taken of the distinctive character or reputation of the trade mark (see, by analogy, L’Oréal and Others, paragraph 48). | 80. Since, according to settled case-law, the scope of Article 12 of Regulation No 1612/68 extends also to higher education (see, inter alia, Joined Cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723, paragraphs 29 and 30, and Gaal , paragraph 24), the date on which a child completes his or her education may lie after reaching the age of majority. | 0 |
8,557 | 44. A distinction must therefore be made between different treatment permitted under Article 58(1)(a) EC and arbitrary discrimination prohibited under Article 58(3) EC. It is apparent from settled case-law that, in order for national tax rules such as those at issue in the main proceedings – which, for the purposes of calculating inheritance tax, distinguish as to the amount of the tax-free allowance in respect of immovable property located in the Member State concerned according to whether the deceased or the heir resides in that State or whether they both reside in another Member State – to be regarded as compatible with the Treaty provisions on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or justifiable by overriding reasons in the public interest. In order to be justified, moreover, the difference in treatment must not go beyond what is necessary in order to attain the objective of the legislation in question (see Case C-319/02 Manninen [2004] ECR I-7477, paragraph 29; Eckelkamp and Others , paragraphs 58 and 59; Arens-Sikken , paragraphs 52 and 53; and Mattner , paragraph 34).
The comparability of the situations at issue | 28. À cet égard, la liberté d’établissement est applicable aux transferts d’activités d’une société du territoire d’un État membre vers un autre État membre, et cela indépendamment de la question de savoir si la société en question transfère son siège statutaire et sa direction effective hors de ce territoire ou si elle transfère des actifs d’un établissement stable situé sur ledit territoire vers un autre État membre (voir, en ce sens, arrêt du 6 septembre 2012, Commission/Portugal, C‑38/10, non encore publié au Recueil, point 23). | 0 |
8,558 | 39 As to that submission, Community legislation concerning freedom of movement for workers, freedom to provide services and freedom of establishment is not applicable to situations not presenting any link to any of the situations envisaged by Community law. Consequently, that legislation cannot be applied to the situation of persons who have never exercised those freedoms (see, in particular, Case C-206/91 Koua Poirrez [1992] ECR I-6685, paragraphs 10, 11 and 12, and Case C-60/00 Carpenter [2002] ECR I-0000, paragraph 28). | 41 It should also be noted that the quality objectives fixed by those programmes on the basis of analyses of the waters affected serve as the point of reference for calculating the emission standards set in the prior authorisations, and those programmes must be communicated to the Commission in a form which facilitates comparative appraisal and their harmonised implementation in all the Member States (Commission v Belgium, paragraph 41). | 0 |
8,559 | 110. It is true that the obligation on a national court to refer to the content of a directive when interpreting and applying the relevant rules of domestic law is limited by general principles of law, particularly those of legal certainty and non-retroactivity, and that obligation cannot serve as the basis for an interpretation of national law contra legem (see, by analogy, Case C-105/03 Pupino [2005] ECR I‑5285, paragraphs 44 and 47). | 30. In this context, in order to guarantee efficiency and speed in judicial procedures, Article 2 of that regulation, read in the light of recital 6 in the preamble thereto, provides that the service of judicial documents is, in principle, to be effected between the ‘transmitting agencies’ and the ‘receiving agencies’ designated by the Member States. | 0 |
8,560 | 58. The derogation provided for in Article 58(1)(a) EC is itself limited by Article 58(3) EC, which provides that the national provisions referred to in paragraph 1 of that article ‘shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 56’ (see Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 44; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 28; and Jäger , paragraph 41). Moreover, in order to be justified, the difference in treatment established in relation to inheritance and transfer duties payable in respect of an immovable property situated in the Kingdom of Belgium between the person who, at the time of death, was residing in that Member State and the person who, at the time of death, was residing in another Member State, must not go beyond what is necessary to achieve the objective pursued by the legislation at issue. | 32. Nevertheless, as the Court has already held, the application by analogy of a classification regulation, such as Regulation No 442/2000, to products similar to those covered by that regulation facilitates a coherent interpretation of the CN and the equal treatment of traders (see Krings , paragraph 35). | 0 |
8,561 | 27. The information which the Member States are thus obliged to supply to the Commission must be clear and precise. It must indicate unequivocally the laws, regulations and administrative provisions by means of which the Member State considers that it has satisfied the various requirements imposed on it by the directive. In the absence of such information, the Commission is not in a position to ascertain whether the Member State has genuinely implemented the directive completely. The failure of a Member State to fulfil that obligation, whether by providing no information at all or by providing insufficiently clear and precise information, may of itself justify recourse to the procedure under Article 226 EC in order to establish the failure to fulfil the obligation (Case 96/81 Commission v Netherlands , cited above, paragraph 8). | 13 AS THE COURT HAS REPEATEDLY HELD , THE DECISIVE CRITERION FOR THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES IS IN GENERAL TO BE SOUGHT IN THEIR CHARACTERISTICS AND OBJECTIVE PROPERTIES AS DEFINED IN THE WORDING OF THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND OF THE NOTES TO THE SECTIONS OR CHAPTERS .
| 0 |
8,562 | 36. According to settled case-law, an international treaty must be interpreted not solely by reference to the terms in which it is worded but also in the light of its objectives. Article 31 of the Vienna Convention on the Law of Treaties of 23 May 1969 provides in that respect that a treaty is to be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose (see, to that effect, inter alia, Opinion 1/91 [1991] ECR I‑6079, paragraph 14; Case C‑416/96 El-Yassini [1999] ECR I‑1209, paragraph 47; Case C‑268/99 Jany and Others [2001] ECR I‑8615, paragraph 35; and Case C‑386/08 Brita [2010] ECR I‑0000, paragraphs 42 and 43 and the case‑law cited). | 35 With regard to the interpretation of Article 44(4)(a)(i) of the Association Agreement between the Communities and Poland and of Article 45(4)(a)(i) of the Association Agreement between the Communities and the Czech Republic, it is important to point out that, according to well-established case-law, an international treaty must be interpreted not solely by reference to the terms in which it is worded but also in the light of its objectives. Article 31 of the Vienna Convention of 23 May 1969 on the Law of Treaties stipulates in that respect that a treaty must be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose (see, inter alia, to that effect, Opinion 1/91 [1991] ECR I-6079, paragraph 14, Case C-312/91 Metalsa [1993] ECR I-3751, paragraph 12, and Case C-416/96 Eddline El-Yassini [1999] ECR I-1209, paragraph 47). | 1 |
8,563 | 45. It should be noted, at the outset, that, according to consistent case‑law, Article 56(1) EC generally prohibits restrictions on movements of capital between Member States (see, inter alia, Joined Cases C‑282/04 and C‑283/04 Commission v Netherlands [2006] ECR I‑9141, paragraph 18 and case law cited; Commission v Germany , paragraph 17; and Case C‑171/08 Commission v Portugal , paragraph 48). | 46. In this instance, in carrying out the assessment of the importance of what was at stake, which forms part of the review of the proportionality of the restrictive measures at issue, account may be taken of the context of those measures, of the fact that there was an urgent need to adopt such measures intended to put pressure on the Syrian regime in order for it to stop the violent repression against the population, and of the difficulty in obtaining more specific evidence in a State at civil war and having an authoritarian regime. | 0 |
8,564 | 91
In those circumstances, the fact, even supposing that it were to be established, that some of the activities referred to in paragraph 86 above are not prohibited by international humanitarian law could not be decisive in any event, inasmuch as the application of Common Position 2001/931 and Regulation No 2580/2001 does not depend on classifications stemming from international humanitarian law (see, by analogy, judgment of 30 January 2014, Diakité, C‑285/12, EU:C:2014:39, paragraphs 24 to 26). | 26. Accordingly, it is not possible – without disregarding those two distinct areas, the one governed by international humanitarian law and the other by Article 2(e) of Directive 2004/83, read in conjunction with Article 15(c) of that directive – to make eligibility for subsidiary protection conditional upon a finding that the conditions for applying international humanitarian law have been met. | 1 |
8,565 | 16 With respect to the question whether this exclusive right includes the power to oppose the reaffixing of the original trade mark after the product has been repackaged, the Court has held that account must be taken of the essential function of the trade mark, which is to guarantee to the consumer or end user the identity of the trade-marked product's origin by enabling him to distinguish it without any risk of confusion from products of different origin. That guarantee of origin means that the consumer or end user can be certain that a trade-marked product offered to him has not been subject at a previous stage of marketing to interference by a third party, without the authorisation of the trade mark proprietor, in such a way as to affect the original condition of the product (see Hoffmann-La Roche, paragraph 7, and Bristol-Myers Squibb, paragraph 47). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,566 | 42. According to the Court’s case-law, the condition laid down in Article 64(1) TFEU concerning restrictions which existed in respect of third countries on 31 December 1993 is satisfied where national legislation adopted after that date contains provisions which are, in substance, identical to the previous legislation, which existed at that date. That condition is not satisfied where provisions adopted after that date are based on an approach which differs from that of the previous law and establish new procedures (see, to that effect, Case C-157/05 Holböck [2007] ECR I‑4051, paragraph 41 and case-law cited). | 17 It follows from the foregoing that in order to be a "judgment" for the purposes of the Convention the decision must emanate from a judicial body of a Contracting State deciding on its own authority on the issues between the parties. | 0 |
8,567 | 48
The Court has also made it clear that it is only by way of exception and in specific cases that Member States may, pursuant to Article 11(1)(a) of Directive 90/434, refuse to apply or withdraw the benefit of all or any part of the provisions of that directive (judgment of 20 May 2010, Modehuis A. Zwijnenburg, C‑352/08, EU:C:2010:282, paragraph 45 and the case-law cited). | 34. En effet, ainsi que le Tribunal l’a relevé au point 52 de l’arrêt attaqué, une aide permettant de réaliser une formation qui aurait de toute façon été mise en œuvre par l’entreprise bénéficiaire, sans l’obtention de ladite aide, viserait, en réalité, à libérer une entreprise des coûts qu’elle aurait dû normalement supporter dans le cadre de sa gestion courante ou de ses activités normales. Or, les aides au fonctionnement, à savoir les aides qui visent à libérer une entreprise desdits coûts, faussent en principe les conditions de concurrence (voir arrêt du 19 septembre 2000, Allemagne/Commission, C‑156/98, Rec. p. I‑6857, point 30 et jurisprudence citée). | 0 |
8,568 | 74. Under Articles 6 and 7 of Directive 98/5, a European lawyer must comply not only with the rules of professional conduct applicable in his home Member State but also with those of the host Member State, failing which he will incur disciplinary sanctions and exposure to professional liability (see Luxembourg v Parliament and Council , paragraphs 36 to 41). One of the rules of professional conduct applicable to lawyers is an obligation, like that provided for in the Code of Conduct adopted by the Council of the Bars and Law Societies of the European Union (CCBE), breach of which may lead to disciplinary sanctions, not to handle matters which the professionals concerned know or ought to know they are not competent to handle, for instance owing to lack of linguistic knowledge (see, to that effect, Luxembourg v Parliament and Council , paragraph 42). Communication with clients, the administrative authorities and the professional bodies of the host Member State, like compliance with the rules of professional conduct laid down by the authorities of that Member State, requires a European lawyer to have sufficient linguistic knowledge or recourse to assistance where that knowledge is insufficient. | 65
As the General Court found in paragraph 397 of the judgment under appeal, it is apparent from the case-law of the Court that the Commission is not required, when determining the amount of fines, to ensure, where such fines are imposed on a number of undertakings involved in the same infringement, that the final amounts of the fines reflect any distinction between the undertakings concerned in terms of their overall turnover (judgment of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 312). | 0 |
8,569 | 27. It is for the referring court to determine whether the national measures are compatible with those principles, having regard to all the circumstances of the case (see, to that effect, judgment in Littlewoods Retail and Others , C‑591/10, EU:C:2012:478, paragraph 30). However, the Court, when giving a preliminary ruling, may provide the referring court with all indications that may assist it in that regard (see, in particular, to that effect, judgment in Partena , C‑137/11, EU:C:2012:593, paragraph 30). | 39. Consequently, it cannot be argued that legal persons were granted the same right of establishment as natural persons under that Agreement. | 0 |
8,570 | 65. It should be recalled that, according to settled case-law, the principle of non-discrimination requires that comparable situations must not be treated differently and different situations must not be treated alike unless such treatment is objectively justified (see, inter alia, Case C‑313/04 Franz Egenberger [2006] ECR I‑6331, paragraph 33 and the case-law cited). | 36. Therefore the adverse effect on the freedom to provide services arising from the infringement of Directive 92/50 must be found to subsist throughout the entire performance of the contracts concluded in breach thereof. | 0 |
8,571 | 58. As regards the question whether the right to equal treatment enjoyed by nationals of a Member State seeking employment in another Member State also encompasses benefits of a financial nature such as the benefit at issue in the main proceedings, the Court has held that Member State nationals who move in search of employment qualify for equal treatment only as regards access to employment in accordance with Article 48 of the Treaty and Articles 2 and 5 of Regulation No 1612/68, but not with regard to social and tax advantages within the meaning of Article 7(2) of that regulation ( Lebon , paragraph 26, and Case C-278/94 Commission v Belgium , cited above, paragraphs 39 and 40). | 23 In paragraph 16 of its judgment in Kalanke, the Court held that a national rule which provides that, where equally qualified men and women are candidates for the same promotion in fields where there are fewer women than men at the level of the relevant post, women are automatically to be given priority, involves discrimination on grounds of sex. | 0 |
8,572 | 65. Lastly, it must be pointed out that the interpretation given in the preceding paragraph is not incompatible with the requirements of Article 59 of the Additional Protocol signed on 23 November 1970. On similar grounds to those set out by the Court in paragraphs 62 to 67 of its judgment in Case C-325/05 Derin [2007] ECR I-6495, in paragraph 21 of its judgment in Case C‑349/06 Polat [2007] ECR I-8167, and in paragraph 45 of its judgment in Bozkurt , the situation of a member of the family of a Turkish migrant worker cannot usefully be compared to that of a member of the family of a national of a Member State, having regard to the significant differences between their respective legal situations (see, to that effect, Case C‑462/08 Bekleyen [2010] ECR I‑0000, paragraphs 37, 38 and 43). | 79. En effet, il est de jurisprudence constante que les conséquences financières qui pourraient découler pour un État membre d’un arrêt de la Cour ne justifient pas, par elles-mêmes, la limitation des effets dans le temps de cet arrêt (voir, en ce sens, arrêts du 24 septembre 1998, Commission/France, C‑35/97, Rec. p. I‑5325, point 52, ainsi que Buchner e.a., précité, point 41). | 0 |
8,573 | 44. The same is true of the existence of a likelihood of confusion which, although it is the specific condition for the protection of the trade mark in the case of similarity between the trade mark and the sign and between the goods or services (see, inter alia, Medion , paragraph 24; Case C‑102/07 adidas and adidas Benelux [2008] ECR I‑2439, paragraph 28; and Case C‑533/06 O2 Holdings & O2 (UK) [2008] ECR I‑4231, paragraph 47) is not required for the protection of an emblem, since Article 6 ter (1)(a) of the Paris Convention makes no reference to it. | 29 It appears from the documents before the Court that the effect of Section 165A of the Social Security Act 1975, which lays down the conditions entitling the person concerned to claim a benefit, is that a person who has not claimed payment of the non-contributory invalidity pension before the abolition of that benefit may not claim automatic entitlement to the severe disablement allowance under Regulation 20(1) of the Social Security (Severe Disablement Allowance) Regulations 1984. | 0 |
8,574 | 17 As the Court has also consistently held (see, inter alia, the judgment in Monteil and Samanni, cited above, paragraph 23), a product is "presented for treating or preventing disease" within the meaning of Directive 65/65 in particular when it is expressly "indicated" or "recommended" as such, possibly by means of labels, leaflets or oral representation. | 70. Or, dans le cadre de la procédure en manquement visée à l’article 258 TFUE, lorsque la Commission a fourni suffisamment d’éléments faisant apparaître certains faits situés sur le territoire de l’État membre défendeur, il incombe à celui-ci de contester de manière substantielle et détaillée les données ainsi présentées et les conséquences qui en découlent (arrêts Commission/Italie, EU:C:2007:250, point 30, ainsi que Commission/Italie, EU:C:2010:115, point 102 et jurisprudence citée). | 0 |
8,575 | 56. The Court has recognised the existence of a service concession, inter alia, where the service provider’s remuneration came from payments made by users of a public car park, of public service transport and of a teledistribution network (see Parking Brixen , paragraph 40; Case C‑410/04 ANAV [2006] ECR I‑3303, paragraph 16; and Coditel Brabant , paragraph 24). | 28. Article 77(1) of the Directive imposes on the Member States a general obligation to make the wholesale distribution of medicinal products subject to the possession of a special authorisation. The same obligation is referred to in the first sentence of recital 36 in the preamble to the Directive, which states that ‘[a]ny person involved in the wholesale distribution of medicinal products should be in possession of a special authorisation’. | 0 |
8,576 | 76. Third, as regards the aid granted to professional transport companies in an amount less than the de minimis threshold, it must be recalled that when aid is granted to entities operating in a sector to which the de minimis rule does not apply, and when that sector is characterised by strong competition, aid of relatively little importance can affect competition and trade between Member States (Case 259/85 France v Commission [1987] ECR 4393, paragraph 24, Italy v Commission , paragraph 27, and Spain v Commission , paragraph 63). | 48. That obligation to cooperate means that the undertaking may not evade requests for production of documents on the ground that by complying with them it would be required to give evidence against itself. | 0 |
8,577 | 30 In order to determine the extent to which the security in question is in the nature of State aid, the relevant criterion is that indicated in the Commission's decision, namely whether Jadekost could have obtained the amounts in question on the capital market without the security (see, to that effect, Case C-301/87 France v Commission (Boussac) [1990] ECR I-307, paragraph 39, and Case C-142/87 Belgium v Commission (Tubemeuse) [1990] ECR I-959, paragraph 26). | 38. However, the Court has consistently held that the need to provide an interpretation of EU law which will be of use to the referring court requires that court to define the factual and legal context of its questions or, at the very least, to explain the factual circumstances on which those questions are based. Those requirements are of particular importance in the field of competition, which is characterised by complex factual and legal situations (see, inter alia, Attanasio Group , paragraph 32 and the case-law cited, and Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others [2012] ECR, paragraph 22). | 0 |
8,578 | 52. So far as Regulation No 881/2002 is concerned, the Court has held that its objective is to prevent designated persons from having at their disposal any financial or economic resources, in order to impede the financing of terrorist activities (Case C‑117/06 Möllendorf and Möllendorf-Niehuus [2007] ECR I‑8361, paragraph 63). | 82 However, questions concerning the origin of a disease are by their nature medical questions (Case C-185/90 P Commission v Gill [1991] ECR I-4779, paragraph 25). | 0 |
8,579 | 14 However, Article 84 does not exclude the application of the Treaty to transport, and marine transport remains, on the same basis as the other modes of transport, subject to the general rules of the Treaty (see the judgment in Case 167/73 Commission v France [1974] ECR 359, paragraphs 31 and 32).
Observance of international conventions on the discharge of harmful substances into the sea | 28. Second, the notion of aid can thus encompass not only positive benefits such as subsidies, loans or direct investment in the capital of enterprises, but also interventions which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which therefore, without being subsidies in the strict sense of the word, are of the same character and have the same effect (see inter alia Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 25, and Joined Cases C-328/99 and C-399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I-4035, paragraph 35). | 0 |
8,580 | 52. Admittedly, and as the Court held, in substance, in paragraphs 17 to 21 of the Titanium dioxide case, cited above, recourse to a dual legal basis is not possible where the procedures laid down for each legal basis are incompatible with each other or where the use of two legal bases is liable to undermine the rights of the Parliament (see also, to that effect, Joined Cases C-164/97 and C‑165/97 Parliament v Council [1999] ECR I-1139, paragraph 14, and Case C‑338/01 Commission v Council , cited above, paragraph 57). In this case, however, no such consequence follows from recourse to both Article 133 EC and Article 175(1) EC at the same time. | 30. In that regard, it should first be recalled that, under Article 8(3) of Directive 2001/29 and the third sentence of Article 11 of Directive 2004/48, holders of intellectual property rights may apply for an injunction against intermediaries, such as ISPs, whose services are being used by a third party to infringe their rights. | 0 |
8,581 | 21. To answer the question referred, the various elements of the concept of State aid in Article 92(1) of the Treaty must be considered. It is settled case-law that classification as aid requires that all the conditions set out in that provision are fulfilled (see Case C-482/99 France v Commission [2002] ECR I-4397, paragraph 68, and Case C-280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, paragraph 74). | 74. To answer the first part of the question, the various elements of the concept of State aid in Article 92(1) of the Treaty must be considered. It is settled case-law that classification as aid requires that all the conditions set out in that provision are fulfilled (see Case C-142/87 Belgium v Commission ( "Tubemeuse " ) [1990] ECR I-959, paragraph 25; Joined Cases C-278/92 to C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 20; and Case C-482/99 France v Commission [2002] ECR I-4397, paragraph 68). | 1 |
8,582 | 36 However, a measure of general application such as a regulation can, in certain circumstances, be of individual concern to certain natural or legal persons and is thus in the nature of a decision in their regard (see, in particular, Case C-358/89 Extramet Industrie v Council [1991] ECR I-2501, paragraph 13; Case C-309/89 Codorniu v Council [1994] ECR I-1853, paragraph 19, and Case C-41/99 P Sadam Zuccherifici and Others v Council [2001] ECR I-4239, paragraph 27). That is so where the measure in question affects specific natural or legal persons by reason of certain attributes peculiar to them, or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee (see, in particular, Case 25/62 Plaumann v Commission [1963] ECR 95, 107, and Case C-452/98 Nederlandse Antillen v Council [2001] ECR I-8973, paragraph 60). | 40. Or, selon une jurisprudence constante de la Cour, la justification d’une demande de décision préjudicielle est non pas la formulation d’opinions consultatives sur des questions générales ou hypothétiques, mais le besoin inhérent à la solution effective d’un litige portant sur le droit de l’Union (voir arrêts du 12 mars 1998, Djabali, C‑314/96, Rec. p. I‑1149, point 19; du 30 mars 2004, Alabaster, C‑147/02, Rec. p. I‑3101, point 54, et du 26 février 2013, Åkerberg Fransson, C‑617/10, point 42). | 0 |
8,583 | 34
In the present case, it must be pointed out that it is not apparent from the information in the documents before the Court that the applicant in the main proceedings was prevented by national procedural law from raising a plea alleging the possible incompatibility of Paragraph 142(1)(g) of the Law on VAT with Article 199(1)(g) of Directive 2006/112 (see, by analogy, judgment of 7 June 2007, van der Weerd and Others, C‑222/05 to C‑225/05, EU:C:2007:318, paragraph 41). | 61. Under the first indent of Article 174(3) EC, the Commission is, as a rule, obliged to take account, in its decisions in the field of the environment, of all available new scientific and technical data. That obligation applies, particularly, to the procedure under Article 95(5) and (6) EC, for which taking account of new data forms the very foundation. | 0 |
8,584 | 67
In its judgment of 4 October 2011, Football Association Premier League and Others (C‑403/08 and C‑429/08, EU:C:2011:631, paragraphs 170 to 172), the Court held that, from the television viewers’ standpoint, the ephemeral acts of reproduction at issue in that case, which enabled the proper functioning of the satellite decoder and the television screen, enabled the broadcasts containing protected works to be received. The Court held, in that regard, that the mere reception of those broadcasts in itself — that is to say, the picking up of the broadcasts and their visual display in a private circle — did not reveal an act restricted by the relevant legislation and such reception was to be considered lawful in the case of broadcasts from a Member State when brought about by means of a foreign decoding device. The Court concluded that the sole purpose of the acts of reproduction at issue was to enable a ‘lawful use’ of the works within the meaning of Article 5(1)(b) of Directive 2001/29. | 49. The answer to Question 3(b) must therefore be that, pursuant to the first sentence of Article 6(3) of the Habitats Directive, where a plan or project not directly connected with or necessary to the management of a site is likely to undermine the site’s conservation objectives, it must be considered likely to have a significant effect on that site. The assessment of that risk must be made in the light inter alia of the characteristics and specific environmental conditions of the site concerned by such a plan or project.
Fourth question | 0 |
8,585 | 49 It is immaterial, in that regard, that the national provisions at issue were not interpreted in a manner consonant with Article 119 of the Treaty until after the date of the judgment in Defrenne II, since that interpretation is capable of being applied, if necessary, to situations which arose and became established before that date. It is not for the Court to pronounce as to the application in time of rules of national law. | 34. Furthermore, an implementing regulation must, if possible, be given an interpretation consistent with the basic regulation (Case C-90/92 Dr Tretter [1993] ECR I-3569, paragraph 11, and Case C-32/00 P Commission v Boehringer [2002] ECR I-1917, paragraph 53). | 0 |
8,586 | 28. Admittedly, it follows from the case-law of the Court that a mere technical means to ensure or improve reception of the original transmission in its catchment area does not constitute a ‘communication’ within the meaning of Article 3(1) of Directive 2001/29 (see, to that effect, Football Association Premier League and Others , paragraph 194, and Airfield and Canal Digitaal , paragraphs 74 and 79). | 8 In accordance with Article 19(3) of Regulation No 820/97, the Commission presented to the European Parliament and to the Council on 13 October 1999 a report on the situation regarding the implementation of beef labelling systems in the different Member States (COM(1999) 486 final, hereinafter the Commission report). In that report, it recorded various shortcomings concerning the identification and registration of bovine animals. In that regard, it noted, first, that, in most Member States, passports were operational only in respect of animals born after 1 January 1998, next, that difficulties had been observed regarding the transfer of information about animals upon their being exported (on account of information being lost when a new passport was issued) and, lastly, that databases containing the relevant data would not be operational by the date envisaged. | 0 |
8,587 | 7 Article 12(1) of the Directive sets out an exhaustive list of taxes and duties other than capital duty which, notwithstanding Articles 10 and 11, may affect capital companies in connection with the transactions referred to in the latter provisions (see, to that effect, Case 36/86 Ministeriet for Skatter og Afgifter v Dansk Sparinvest [1988] ECR 409, paragraph 9, and Joined Cases C-71/91 and C-178/91 Ponente Carni and Cispadana Costruzioni [1993] ECR I-1915, paragraph 24). | 42. In those circumstances, suffice it to state that the arguments relied on by the Romanian Government in favour of a limitation of the temporal effects of the judgment of the Court relate to circumstances other than those in the main proceedings and, accordingly, that it is not necessary to rule on that Government’s request for the temporal effects of the present judgment to be limited.
Costs | 0 |
8,588 | 52. In that regard, materials such as those at issue in the main proceedings are not reused definitely and without prior processing as an integral part of the same process of production or use, but are substances or objects whose holders discarded them. According to Mr Niselli’s evidence, the contentious materials were then sorted, and sometimes treated, and they constitute a secondary raw material to be used in steelmaking. In such a context, they must however continue to be classified as ‘waste’ until they have actually been recycled into steel products, that is to say, until the constitution of the finished products derived from the reprocessing for which they are intended. In the earlier phases, they cannot yet be regarded as recycled, since the reprocessing has not been concluded. Conversely, subject to the case where the products obtained are in their turn abandoned, the point at which the materials in question cease to be classified as ‘waste’ cannot be fixed at an industrial or commercial stage subsequent to their reprocessing into steel products, because, from that point, they can hardly be distinguished from other steel products made from primary raw materials (see, for the particular case of recycled packaging waste, Case C‑444/00 Mayer Parry Recycling [2003] ECR I‑6163, paragraphs 61 to 75). | 39. Furthermore, the Commission is not required to prove that there has been a loss but may simply adduce sound evidence of such loss (see Spain v Commission , cited above, paragraph 66). The reason for this mitigation of the burden of proof on the Commission lies in the division of powers between the Community and the Member States concerning the common agricultural policy (see to that effect Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 17, and Case C-238/96 Ireland v Commission [1998] ECR I-5801, paragraph 29). | 0 |
8,589 | 28. However, the right of free movement of Union citizens is not unconditional but may be subject to the limitations and conditions imposed by the Treaty and by the measures adopted to give it effect (see, inter alia, Jipa , paragraph 21 and case-law cited). | 59. In that context, in accordance with point (a) of the second subparagraph of Article 5(1), those authorities must be able to impose ‘obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks’ solely in order to ensure end-to-end connectivity. | 0 |
8,590 | 27 As for the second point, it must be borne in mind that, as the Court has consistently held (see in particular Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40), it is for the Member States to demonstrate in each case that their rules are necessary to give effective protection to the interests referred to in Article 36 of the Treaty and, in particular, to show that the marketing of the product in question creates a serious risk to public health. | 25 AS A REFERENCE TO A SET OF LEGISLATIVE PROVISIONS EFFECTIVELY APPLIED BY THE COUNTRY OF ESTABLISHMENT TO ITS OWN NATIONALS, THIS RULE IS, BY ITS ESSENCE, CAPABLE OF BEING DIRECTLY INVOKED BY NATIONALS OF ALL THE OTHER MEMBER STATES . | 0 |
8,591 | 42. Finally, as regards the argument of that Member State that it is impossible to determine with certainty the amount of aid to be recovered, it must be recalled that, in situations involving the recovery of amounts of aid from a large number of undertakings in conjunction with numerous individual calculation parameters, the Court has held that such difficulties in implementing the relevant decisions did not constitute an absolute impossibility, within the meaning of the case-law cited (see, in particular, Case C-280/95 Commission v Italy [1998] ECR I-259, paragraphs 18 and 23, and Commission v Belgium , paragraphs 41 and 42). The documents before the Court do not show that the problems arising, in the present case, in calculating the amount of aid to be recovered are greater than those encountered in the situations that gave rise to the judgments cited above. | 40. On the other hand, the meaning of debtor for the purposes of the second and third indents of Article 202(3) of the Customs Code is subject to conditions which rest on matters of subjective assessment, namely that the natural or legal persons participated knowingly in the unlawful introduction of goods or in acquiring or holding unlawfully introduced goods. Such factors are likely to exclude, in certain cases, treatment as a debtor ( Spedition Ulustrans , paragraphs 27 and 28). | 0 |
8,592 | 55
However, it is also settled case-law that it is for the Court to examine the conditions in which a case has been referred to it by the national court, in order to assess whether it has jurisdiction. The spirit of cooperation which must prevail in preliminary ruling proceedings requires the national court for its part to have regard to the function entrusted to the Court of Justice, which is to contribute to the administration of justice in the Member States and not to give opinions on general or hypothetical questions (see, inter alia, judgment of 24 April 2012 in Kamberaj, C‑571/10, EU:C:2012:233, paragraph 41 and the case-law cited). | 66. As stated by the Commission, that discretionary power must be exercised in accordance with the other provisions of that regulation. | 0 |
8,593 | 34. In the light of the objectives of proximity and predictability, the Court held that the rule set out in the first indent of Article 5(1)(b) of Regulation No 44/2001 is also applicable where there are several places of delivery of goods within a single Member State, since one court must have jurisdiction to hear all the claims arising out of the contract ( Color Drack, paragraphs 36 and 38). | 69
Moreover, it is not evident that any disadvantages caused by the obligation to exhaust available administrative remedies are clearly disproportionate to those objectives (see, by analogy, judgment of 18 March 2010, Alassini and Others, C‑317/08 to C‑320/08, EU:C:2010:146, paragraph 65). | 0 |
8,594 | 25. Moreover, under Article 3(1)(a) of the Directive, signs which cannot constitute a trade mark are not to be registered or if registered are liable to be declared invalid. That provision thus precludes the registration of signs which do not meet the conditions imposed by Article 2 of the Directive, the purpose of which is to define the types of sign of which a trade mark may consist (see, to that effect, Philips , paragraph 38). | 39 According to settled case-law, the provisions of the Treaty relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community and preclude national legislation which might place Community nationals at a disadvantage when they wish to extend their activities beyond the territory of a single Member State (see Case 143/87 Stanton v INASTI [1988] ECR 3877, paragraph 13). The objective of Articles 48 to 51 of the Treaty would not be attained if, as a result of exercising their right to freedom of movement, workers were to lose social security advantages granted to them by the legislation of a Member State: that might dissuade Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom (see Case C-12/93 Drake v Bestuur van de Nieuwe Algemene Bedrijfsvereniging [1994] ECR I-4337, paragraph 22). | 0 |
8,595 | 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). | 84. Furthermore, the Court has ruled that the status of Member State of residence of the company receiving dividends cannot entail the obligation for that Member State to offset a fiscal disadvantage arising where a series of charges to tax is imposed entirely by the Member State in which the company distributing those dividends is established, in so far as the dividends received are neither taxed nor taken into account in a different way by the first Member State as regards investment enterprises established in that State (judgment in Orange European Smallcap Fund , C‑194/06, EU:C:2008:289, paragraph 41). | 0 |
8,596 | 53
The scope of that unlimited jurisdiction of the General Court is strictly limited, unlike the review of legality provided for in Article 263 TFEU, to determining the amount of the fine. It concerns solely the assessment by that Court of the fine imposed by the Commission, to the exclusion of any alteration of the constituent elements of the infringement lawfully determined by the Commission in the decision under examination by the General Court (see, to that effect, judgment of 21 January 2016, Galp Energía España and Others v Commission, C‑603/13 P, EU:C:2016:38, paragraphs 76 and 77). | 32 As is clear from the third and sixth recitals in the preamble to the Regulation, the objective pursued by the legislature is to protect the natural composition of milk and milk products in the interests of Community producers and consumers and to avoid any confusion in consumers' minds between milk products and the other food products, including those consisting partly of milk components. | 0 |
8,597 | 26. However, where a national measure affects both the freedom to provide services and the free movement of goods, the Court will, in principle, examine it in relation to just one of those two fundamental freedoms if it is clear that, in the circumstances of the case, one of those freedoms is entirely secondary in relation to the other and may be attached to it (see, to that effect, Schindler , paragraph 22; Canal Satélite Digital , paragraph 31; Case C-71/02 Karner [2004] ECR I-0000, paragraph 46). | 91 THE DECISION IS NOT NECESSARILY REQUIRED TO BE A REPLICA OF THE NOTICE OF COMPLAINTS . | 0 |
8,598 | 81. It follows from the fact that Regulation No 2201/2003 is binding and directly applicable and from the wording of Article 20 thereof that a measure falling within the scope of that provision may, in the Member State of the court which has adopted the judgment, prevail over an earlier judgment adopted by a court of another Member State which has substantive jurisdiction. On the other hand, a judgment which does not fall within the scope of Article 20 of the regulation because it does not comply with the conditions laid down in that provision cannot take precedence over such an earlier judgment (see the situation referred to in Detiček , in particular paragraph 49). | 41. It is also to be observed that it is possible that a 30-year limitation rule arising from a provision of civil law may appear necessary and proportionate, in particular in the context of disputes between private persons, in light of the objective pursued by that rule and defined by the national legislature. | 0 |
8,599 | 26 According to settled case-law, the concepts used in Articles 13 and 14 of the Convention must be interpreted independently, by reference principally to the system and objectives of the Convention (see, in particular, Case 150/77 Bertrand v Ott [1978] ECR 1431, paragraphs 14, 15, 16 and 19, Case C-89/91 Shearson Lehman Hutton v TVB [1993] ECR I-139, paragraph 13, and Case C-269/95 Benincasa v Dentalkit [1997] ECR I-3767, paragraph 12). | 34. It follows from the above considerations that the cross-appeal must be dismissed as inadmissible.
The main appeals | 0 |
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