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47
The fact that the checks based on point (3) of Paragraph 23(1) of the BPolG thus aim to prevent or terminate illegal entry into the territory of the Federal Republic of Germany or to prevent criminal offences such as crimes which undermine border security or the carrying out of Federal Police tasks — whereas Article 21(a) of Regulation No 562/2006 does not refer specifically to that objective — does not mean that there is an objective of border control contrary to Article 21(a)(i) (see, by analogy, judgment of 19 July 2012, Adil, C‑278/12 PPU, EU:C:2012:508, paragraph 64).
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46 As the Court has already held, an undertaking abuses its dominant position where it charges for its services fees which are unfair or disproportionate to the economic value of the service provided (see, inter alia, Case C-323/93 Centre d'Insémination de la Crespelle [1994] ECR I-5077, paragraph 25; and GT-Link, cited above, paragraph 39).
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42. Ainsi qu’il ressort de l’article 58 du statut de la Cour, les moyens du pourvoi doivent être fondés sur des arguments tirés de la procédure devant le Tribunal. En outre, selon l’article 113, paragraphe 2, du règlement de procédure, le pourvoi ne peut modifier l’objet du litige devant le Tribunal. Ainsi, la compétence de la Cour, dans le cadre du pourvoi, est limitée à l’appréciation de la solution juridique qui a été donnée aux moyens débattus devant les premiers juges. Une partie ne saurait donc modifier l’objet du litige en soulevant pour la première fois devant la Cour un moyen qu’elle aurait pu soulever devant le Tribunal mais qu’elle n’a pas soulevé, dès lors que cela reviendrait à lui permettre de saisir la Cour d’un litige plus étendu que celui dont a eu à connaître le Tribunal. Un tel moyen doit donc être considéré comme irrecevable au stade du pourvoi (voir arrêt du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, non encore publié au Recueil, point 35).
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68. With regard to the purpose of Directive 2001/44, it follows from the first three recitals in its preamble that it seeks to safeguard the ‘fiscal neutrality of the internal market’ and to protect the financial interests of both the Community and the Member States.
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31. In those circumstances, it must therefore be found that, in submitting that it in fact adduced evidence capable of rebutting the presumption that it exercised decisive influence over Trioplast Wittenheim, FLSmidth is, in reality, simply asking the Court to conduct a fresh appraisal of the facts and the evidence provided, without asserting, however, that the General Court distorted them. Such an appraisal does not constitute a point of law which is subject, as such, to review by the Court of Justice (see, to that effect, inter alia, Case C‑551/03 P General Motors v Commission EU:C:2006:229, paragraphs 51 and 52, and Case C‑352/09 P ThyssenKrupp Nirosta v Commission EU:C:2011:191, paragraphs 179 and 180). This argument is therefore inadmissible.
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22. Ainsi, un signe ne saurait être refusé à l’enregistrement sur le fondement de l’article 7, paragraphe 1, sous c), du règlement n° 207/2009 que s’il est raisonnable d’envisager qu’il sera effectivement reconnu par les milieux intéressés comme une description de l’une desdites caractéristiques [voir par analogie, s’agissant de la disposition identique figurant à l’article 3 de la directive 89/104/CEE du Conseil, du 21 décembre 1988, rapprochant les législations des États membres sur les marques (JO 1989, L 40, p. 1), arrêts Windsurfing Chiemsee, C‑108/97 et C‑109/97, EU:C:1999:230, point 31, ainsi que Koninklijke KPN Nederland, C‑363/99, EU:C:2004:86, point 56].
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118 On that point, it need only be observed that, as the Commission pointed out, that institution may in any event, upon its own initiative, find that there is an infringement of Articles 85 and 86 of the Treaty (see, inter alia, Joined Cases 32/78 and 36/78 to 82/78 BMW Belgium and Others v Commission [1979] ECR 2435, paragraph 18).
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78. In such a situation, the information displayed on the packaging, labels and in advertising containing that claim or indication may mislead the consumer as to the sodium content of the mineral waters at issue in the main proceedings.
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862,304 |
70. HE’s claim for deduction of all the VAT attributable to the office must, in those circumstances, be regarded as in conformity with the deduction system, which is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT thus ensures neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see, inter alia, Zita Modes , cited above, paragraph 38).
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27. In that regard, it should be emphasised that the Directive carries out a complete harmonisation of the rules concerning unfair commercial practices of undertakings vis-à-vis consumers.
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22
Article 132 of Directive 2006/112 provides for exemptions which, as indicated by the title of the chapter in which that provision is contained, are intended to encourage certain activities in the public interest. However, those exemptions do not cover every activity performed in the public interest, but only those listed in that provision and described in great detail (judgment of 25 February 2016, Commission v Netherlands, C‑22/15, not published, EU:C:2016:118, paragraph 19 and the case-law cited).
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33 IT THUS FOLLOWS THAT THE APPLICATION OF ARTICLES 48 TO 51 TO THE SPHERE OF SEA TRANSPORT IS NOT OPTIONAL BUT OBLIGATORY FOR MEMBER STATES .
C - EXISTENCE OF A DEFAULT
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862,306 |
44. Also, the fact that a Member State does not grant to a non-resident certain tax benefits which it grants to a resident is not, as a rule, discriminatory having regard to the objective differences between the situations of residents and of non-residents, from the point of view both of the source of their income and of their personal ability to pay tax or their personal and family circumstances (Schumacker , paragraph 34; Gschwind , paragraph 23).
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26 As regards, more particularly, signs or indications which may serve to designate the geographical origin of the categories of goods in relation to which registration of the mark is applied for, especially geographical names, it is in the public interest that they remain available, not least because they may be an indication of the quality and other characteristics of the categories of goods concerned, and may also, in various ways, influence consumer tastes by, for instance, associating the goods with a place that may give rise to a favourable response.
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68
The review of legality is supplemented by the unlimited jurisdiction conferred on the EU judicature by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the competent Court, in addition to carrying out a mere review of legality with regard to the penalty, to substitute its own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (judgment of 8 December 2011, Chalkor v Commission, C‑386/10 P, EU:C:2011:815, paragraph 63 and the case-law cited).
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63. The review of legality is supplemented by the unlimited jurisdiction which the Courts of the European Union were afforded by Article 17 of Regulation No 17 and which is now recognised by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the Courts, in addition to carrying out a mere review of the lawfulness of the penalty, to substitute their own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (see, to that effect, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraph 692).
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35. In determining injury, the Council and the Commission are under an obligation to consider whether the injury on which they intend to base their conclusions actually derives from the subsidised imports and must disregard any injury deriving from other factors, particularly from the conduct of Community producers themselves (see Case C‑358/89 Extramet Industrie v Council [1992] ECR I‑3813, paragraph 16).
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63. However, where it is clear from the circumstances as a whole that the contract is more closely connected with a country other than that identified on the basis of the presumptions set out in Article 4(2) to (4) of the Convention, it is for that court to refrain from applying Article 4(2) to (4).
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25 First, it has consistently been held that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 13; Case C-358/97 Commission v Ireland [2000] ECR I-6301, paragraph 52; and Case C-359/97 Commission v United Kingdom [2000] ECR I-6355, paragraph 64).
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31
In that regard, first, it is clear from the order for reference that the justification put forward before the national court is derived from the fact that a more favourable tax rate is applied to non-resident financial institutions than the one which is applied to resident financial institutions.
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862,310 |
42. In accordance with settled case-law, it is necessary, in interpreting a provision of Community law, to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C-306/05 SGAE [2006] ECR I-11519, paragraph 34, and Joined Cases C‑402/07 and C-432/07 Sturgeon and Others [2009] ECR I-0000, paragraph 41).
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53 DANS CE CONTEXTE , IL CONVIENT D ' ABORD D ' OBSERVER , COMME LA COUR L ' A DEJA DIT DANS LES ARRETS DU 10 AVRIL 1984 ( VON COLSON ET KAMANN , 14/83 , REC . P . 1891 ; HARZ , 79/83 , REC . P . 1921 ), QUE L ' OBLIGATION DES ETATS MEMBRES , DECOULANT D ' UNE DIRECTIVE , D ' ATTEINDRE LE RESULTAT PREVU PAR CELLE-CI , AINSI QUE LEUR DEVOIR EN VERTU DE L ' ARTICLE 5 DU TRAITE DE PRENDRE TOUTES MESURES GENERALES OU PARTICULIERES PROPRES A ASSURER L ' EXECUTION DE CETTE OBLIGATION , S ' IMPOSENT A TOUTES LES AUTORITES DES ETATS MEMBRES , Y COMPRIS , DANS LE CADRE DE LEURS COMPETENCES , LES AUTORITES JURIDICTIONNELLES . IL S ' ENSUIT QU ' EN APPLIQUANT LE DROIT NATIONAL , ET NOTAMMENT LES DISPOSITIONS D ' UNE LOI NATIONALE SPECIALEMENT INTRODUITE EN VUE D ' EXECUTER LA DIRECTIVE 76/207 , LA JURIDICTION NATIONALE EST TENUE D ' INTERPRETER SON DROIT NATIONAL A LA LUMIERE DU TEXTE ET DE LA FINALITE DE LA DIRECTIVE POUR ATTEINDRE LE RESULTAT VISE PAR L ' ARTICLE 189 , PARAGRAPHE 3 , DU TRAITE CEE . IL APPARTIENT DONC A L ' INDUSTRIAL TRIBUNAL D ' INTERPRETER LES DISPOSITIONS DU SEX DISCRIMINATION ORDER , ET NOTAMMENT SON ARTICLE 53 , PARAGRAPHE 1 , A LA LUMIERE DES DISPOSITIONS DE LA DIRECTIVE , AINSI QU ' ELLES ONT ETE CI-DESSUS INTERPRETEES , AFIN DE DONNER A CELLE-CI SA PLEINE EFFICACITE .
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78. It should be remembered at this point that while, in proceedings under Article 226 EC for failure to fulfil obligations it is for the Commission to prove the existence of the alleged infringement and to place before the Court the information necessary for it to determine whether the infringement is made out, and in so doing the Commission may not rely on any presumption (see, to this effect, inter alia Case C-494/01 Commission v Ireland [2005] ECR I-3331, paragraph 41 and the case-law cited, and Case C-441/02 Commission v Germany [2006] ECR I‑3449, paragraph 48), the Member States are required, under Article 10 EC, to facilitate the achievement of the Commission’s tasks (see, inter alia, Case C‑494/01 Commission v Ireland , paragraph 42). It follows in particular that, where the Commission has adduced sufficient evidence of certain matters in the territory of the defendant Member State, it is incumbent on the latter to challenge in substance and in detail the information produced and the consequences flowing therefrom (Case C-494/01 Commission v Ireland , paragraph 44).
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91. In the third place, the ESCB weighed up the various interests in play so as to actually prevent disadvantages from arising, when the programme in question is implemented, which are manifestly disproportionate to the programme’s objectives.
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31
As the Court has already held, although Directive 89/665 has not formally laid down the time from which the possibility of review, as provided for in Article 1(1), must be open, the objective of that directive, as referred to in the preceding paragraph, does not authorise Member States to make the exercise of the right to apply for review conditional on the fact that the public procurement procedure in question has formally reached a particular stage (see, to that effect, judgment of 11 January 2005, Stadt Halle and RPL Lochau (C‑26/03, EU:C:2005:5, paragraph 38).
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68. It must be pointed out that, in accordance with the case-law of the Court of Justice, where one of the grounds adopted by the Court of First Instance is sufficient to sustain the operative part of its judgment, any defects that might vitiate other grounds given in the judgment concerned in any event have no bearing on that operative part and, accordingly, a plea relying on such defects is ineffective and must be dismissed (see, inter alia, Case C-326/91 P de Compte v Parliament [1994] ECR I-2091, paragraph 94, and order in Case C‑49/96 P Progoulis v Commission [1996] ECR I-6803, paragraph 27).
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49. In order to classify a domestic tax measure as ‘selective’, it is necessary to begin by identifying and examining the common or ‘normal’ regime applicable in the Member State concerned. It is in relation to this common or ‘normal’ tax regime that it is necessary, secondly, to assess and determine whether any advantage granted by the tax measure at issue may be selective by demonstrating that the measure derogates from that common regime inasmuch as it differentiates between economic operators who, in light of the objective assigned to the tax system of the Member State concerned, are in a comparable factual and legal situation (see, to that effect, Case C‑88/03 Portugal v Commission [2006] ECR I‑7115, paragraph 56).
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73. La condamnation au paiement d’une somme forfaitaire et la fixation du montant éventuel de cette somme doivent, dans chaque cas d’espèce, demeurer fonction de l’ensemble des éléments pertinents ayant trait tant aux caractéristiques du manquement constaté qu’à l’attitude propre à l’État membre concerné par la procédure initiée sur le fondement de l’article 260 TFUE. À cet égard, celui-ci investit la Cour d’un large pouvoir d’appréciation afin de décider de l’infliction ou non d’une telle sanction et de déterminer, le cas échéant, son montant (voir arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 114).
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39. Unlike the procedure established under Article 258 TFEU, which is designed to obtain a declaration that the conduct of a Member State is in breach of European Union law and to terminate that conduct (see Joined Cases 15/76 and 16/76 France v Commission [1979] ECR 321, paragraph 27, and Case C‑456/05 Commission v Germany [2007] ECR I‑10517, paragraph 25), the procedure provided for under Article 260 TFEU has a much narrower ambit, since it is designed only to induce a defaulting Member State to comply with a judgment establishing a breach of obligations (Case C‑304/02 Commission v France [2005] ECR I‑6263, paragraph 80, and Joined Cases C‑514/07 P, C‑528/07 P and C‑532/07 P Sweden v API and Commission [2010] ECR I‑8533, paragraph 119).
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40. However, when giving a preliminary ruling the Court may, where appropriate, provide clarification designed to give the national court guidance in its interpretation (see, inter alia, Case C-79/01 Payroll and Others [2002] ECR I‑8923, paragraph 29, and Manfredi and Others , paragraph 48).
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32
Although the text of Directive 1999/44 does not define ‘contract of sale’, nor does it contain any reference to national laws as regards the meaning to be applied to that term. It therefore follows that it must be regarded, for the purposes of application of the directive, as designating an autonomous concept of EU law which must be interpreted in a uniform manner throughout the European Union (see, by analogy, judgment of 18 October 2011, Brüstle, C‑34/10, EU:C:2011:669, paragraph 26).
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35. By its action, the Federal Republic of Germany granted a tax advantage to the resident company with the permanent establishment situated in Austria, in the same way as if that permanent establishment had been situated in Germany.
| 0 |
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41. In accordance with the principles common to the laws of the Member States, the right to restitution from the person enriched is conditional upon there being no valid legal basis for the enrichment at issue (Case C‑47/07 P Masdar (UK) v Commission [2008] ECR I‑0000, paragraphs 44 to 46 and 49).
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16. Par ailleurs, un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier le non-respect des obligations et délais prescrits par une directive (voir, notamment, arrêt du 10 avril 2003, Commission/France, C-114/02, Rec. p. I-3783, point 11).
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26 The application of the national rules of a Member State to providers of services established in other Member States must be appropriate for securing the attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (see, in particular, Guiot, paragraphs 11 and 13; and Arblade, paragraph 35).
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22 In such circumstances, the burden of the charge levied but not due has been borne not by the trader, but by the purchaser to whom the cost has been passed on. Therefore, to repay the trader the amount of the charge already received from the purchaser would be tantamount to paying him twice over, which may be described as unjust enrichment, whilst in no way remedying the consequences for the purchaser of the illegality of the charge.
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41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51).
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37 HOWEVER , THE PLAINTIFFS DEUTSCHE MILCHKONTOR GMBH , FIRMA E . KAMPFFMEYER , SCHWARZWALDMILCH GMBH AND INNTALER MISCHFUTTER GMBH & CO . KG FURTHER CONTEND THAT COMMUNITY LAW IS APPLICABLE , IN THE CASE OF EXPORTS OF SKIMMED-MILK POWDER TO ITALY UNDER THE PROVISIONS OF COMMISSION REGULATION NO 1624/76 , AS REGARDS THE PROOF THAT THE EXPORTED PRODUCT MET THE REQUIREMENTS OF THE COMMUNITY REGULATIONS . THEY ARGUE THAT SUCH PROOF IS PROVIDED BY THE FACT THAT THE ITALIAN CONSIGNEES SUBMITTED THE NECESSARY EVIDENCE TO THE ITALIAN AUTHORITIES IN ORDER TO OBTAIN THE RELEASE OF THE SECURITY REQUIRED BY THAT REGULATION .
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26. Furthermore, the Court has held that, in order to ensure the coherent application of the competition rules in the Member States, a cooperation mechanism between the Commission and the national competition authorities was set up by the Regulation, as part of the general principle of sincere cooperation (see, to that effect, Case C‑429/07 X [2009] ECR I‑4833, paragraphs 20 and 21).
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25. Given that, according to that provision, rightholders have the exclusive right to authorise or prohibit any act of making available to the public, it must be stated that an act of making protected subject-matter available to the public on a website without the rightholders’ consent infringes copyright and related rights.
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30
Furthermore, the Court has stated that the exclusive jurisdiction of the courts of the Contracting State in which the property is situated does not encompass all actions concerning rights in rem in immovable property, but only those which both come within the scope of that convention or of that regulation respectively and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with protection for the powers which attach to their interest (judgment of 17 December 2015, Komu and Others, C‑605/14, EU:C:2015:833, paragraph 26 and the case-law cited).
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28. Accordingly, the answer to the first question is that, on a proper construction of Article 18(c) of the VAT Directive, that provision also covers the cessation of the taxable economic activity resulting from the removal of the taxable person from the VAT register.
The second and fourth questions
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42. If the statistics available indicate that, of the workforce, the percentage of part-time workers who are women is considerably higher than the percentage of part-time workers who are men, it will be necessary to hold that such a situation is evidence of apparent sex discrimination, unless the legislation at issue in the main proceedings is justified by objective factors wholly unrelated to any discrimination based on sex (see, to that effect, Seymour-Smith and Perez , paragraphs 60 to 63).
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18 As regards freedom of movement for workers, Article 51 of the Treaty leaves in being differences between the Member States' social security systems and, consequently, in the rights of persons working in the Member States. It follows that substantive and procedural differences between the social security systems of individual Member States are unaffected by Article 51 of the Treaty (see the judgment in Case C-227/89 Roenfeldt [1991] ECR I-323, at paragraph 12).
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121
Article 108(3) TFEU thus establishes a prior control of plans to grant new aid (see judgments of 11 December 1973, Lorenz, 120/73, EU:C:1973:152, paragraph 2; of 21 November 2013, Deutsche Lufthansa, C‑284/12, EU:C:2013:755, paragraph 25; and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraph 58).
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33 Where such a comparison involves the average pay of two groups of workers paid by the piece, it must in order to be relevant encompass groups each comprising all the workers who, taking account of a set of factors such as the nature of the work, the training requirements and the working conditions, can be considered to be in a comparable situation.
| 0 |
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47. It will also be for the referring court, when reviewing whether there has been compliance with the principle of proportionality, to determine whether the prohibition on leaving the country is appropriate to ensure the achievement of the objective it pursues and does not go beyond what is necessary to attain it (see, to that effect, Jipa, paragraph 29). In that respect, even if the impossibility of recovering the debt at issue were to constitute a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, it will be for the referring court to determine, inter alia, whether, by depriving Mr Aladzhov of the possibility of pursuing part of his professional activity abroad and thereby depriving him of part of his income, the measure of prohibition at issue is both appropriate to ensure the recovery of the tax sought and necessary for that purpose. It will be also be for the referring court to determine that there were no other measures other than that of a prohibition on leaving the territory which would have been equally effective to obtain that recovery, but would not have encroached on freedom of movement.
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45. Nor, therefore, can the Council thwart the effectiveness of such a decision by declaring compatible with the common market, in accordance with that provision, an aid designed to compensate the beneficiaries of the unlawful aid declared incompatible with the common market for the repayments they are required to make pursuant to that decision.
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48. It is true that the Court has recognised that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty. However, for an argument based on such a justification to be accepted, the Court requires a direct link to be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy, with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question (see, to that effect, judgments in Papillon , C‑418/07, EU:C:2008:659, paragraphs 43 and 44, and Commission v Germany , C‑211/13, EU:C:2014:2148, paragraph 55).
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20 As the Commission has emphasized, the legislation of the Member States varies widely in regard to both the factor providing a connection to the national territory required for the incorporation of a company and the question whether a company incorporated under the legislation of a Member State may subsequently modify that connecting factor . Certain States require that not merely the registered office but also the real head office, that is to say the central administration of the company, should be situated on their territory, and the removal of the central administration from that territory thus presupposes the winding-up of the company with all the consequences that winding-up entails in company law and tax law . The legislation of other States permits companies to transfer their central administration to a foreign country but certain of them, such as the United Kingdom, make that right subject to certain restrictions, and the legal consequences of a transfer, particularly in regard to taxation, vary from one Member State to another .
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45. In that regard, the training and employment of teaching staff and the application of a specific labour market policy which takes account of the specific situation of the staff in the discipline concerned, put forward by the University and the Bulgarian Government, may be consonant with the intention of allocating the posts for professors in the best possible way between the generations, in particular by appointing young professors. As regards the latter aim, the Court has already held that encouragement of recruitment undoubtedly constitutes a legitimate aim of Member States’ social or employment policy ( Palacios de la Villa , paragraph 65), in particular when the promotion of access of young people to a profession is involved (see, to that effect, Petersen , paragraph 68). Consequently, encouragement of recruitment in higher education by means of the offer of posts as professors to younger people may constitute such a legitimate aim.
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24. By contrast, it is clear from the provisions of the TFEU and from the rules adopted by the Parliament for the organisation of the right of petition that, where the Parliament takes the view that a petition meets the conditions laid down in Article 227 TFEU, it has a broad discretion, of a political nature, as regards how that petition should be dealt with. It follows that a decision taken in that regard is not amenable to judicial review, regardless of whether, by that decision, the Parliament itself takes the appropriate measures or considers that it is unable to do so and refers the petition to the competent institution or department so that that institution or department may take those measures.
| 0 |
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26. As the Court stressed with reference to the Brussels Convention, whose interpretation by the Court also holds good in principle for Regulation No 44/2001 (see, to that effect, Case C-406/09 Realchemie Nederland [2011] ECR I-9773, paragraph 38), it is because of the guarantees given to the defendant in the original proceedings that that Convention, in Title III, is very liberal with regard to recognition (Case 125/79 Denilauler [1980] ECR 1553, paragraph 3). The report on that Convention submitted by Mr Jenard (OJ 1979 C 59, p. 1, at p. 46) stated that ‘[t]he very strict rules of jurisdiction laid down in Title II, and the safeguards granted in Article 20 to defendants who do not enter an appearance make it possible to dispense with any review, by the court in which recognition or enforcement is sought, of the jurisdiction of the court in which the original judgment was given’ (Opinion 1/03, paragraph 163).
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38. As a preliminary point, it must be recalled that, in so far as Regulation No 44/2001 now replaces the Brussels Convention in relations between the Member States, with the exception of the Kingdom of Denmark, an interpretation given by the Court concerning that convention also applies to the regulation, where its provisions and those of the Brussels Convention may be treated as equivalent (see, inter alia, Case C‑292/08 German Graphics Graphische Maschinen [2009] ECR I‑8421, paragraph 27 and case-law cited). Furthermore, it is clear from recital 19 in the preamble to Regulation No 44/2001 that continuity in interpretation between the Brussels Convention and that regulation should be ensured.
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28. Specifically, the Court has repeatedly held that the distinction between benefits excluded from the scope of Regulation No 1408/71 and those which fall within its scope is based essentially on the constituent elements of each particular benefit, in particular its purposes and the conditions on which it is granted, and not on whether a benefit is classified as a social security benefit by national legislation (see Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 14). Further, the Court has made it clear that characteristics which are purely formal must not be considered relevant criteria for the classification of benefits (See Case C‑228/07 Petersen [2008] ECR I‑6989, paragraph 21 and the case-law cited). Consequently, the fact that a benefit is governed by national tax law is not conclusive for the purpose of evaluating its constituent elements.
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82. In order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered. That does not mean, however, that one may not first examine each of the individual features of the get-up of that mark in turn. It may be useful, in the course of the overall assessment, to examine each of the components of which the trade mark concerned is composed (see, to that effect, Case C-286/04 P Eurocermex v OHIM [2005] ECR I‑5797, paragraphs 22 and 23, and the case-law cited).
| 0 |
862,328 |
40. Since the conditions for admissibility of an action and of the complaints set out therein are a matter of public policy, the Court may consider them of its own motion in accordance with Article 92(2) of its Rules of Procedure. Furthermore, it is entitled to ascertain of its own motion whether the procedural safeguards conferred by the European Union’s legal order have been complied with (see, to that effect, Case C‑291/89 Interhotel v Commission [1991] ECR I‑2257, paragraphs 14 and 15).
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19. Directive 2005/36 provides for the mutual recognition of professional qualifications as regards access to a certain number of regulated professions. Under Articles 1 and 4(1) of that directive, the fundamental purpose of mutual recognition is to allow the holder of a professional qualification giving access to a regulated profession in the holder’s home Member State to gain access, in the host Member State, to the same profession as that for which he is qualified in the home Member State, and to practise that profession in the host Member State under the same conditions as its own nationals.
| 0 |
862,329 |
59
In that connection, it should be recalled that, according to settled case-law of the Court, the interpretation which, in the exercise of the jurisdiction conferred on it by Article 267 TFEU, the Court gives to a rule of EU law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the courts having jurisdiction are satisfied (see, inter alia, judgments of 17 February 2005, Linneweber and Akritidis, C‑453/02 and C‑462/02, EU:C:2005:92, paragraph 41; 6 March 2007, Meilicke and Others, C‑292/04, EU:C:2007:132, paragraph 34, and 27 February 2014, Transportes Jordi Besora, C‑82/12, EU:C:2014:108, paragraph 40).
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34. In that connection, regard must be had to the settled case-law of the Court to the effect that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may, and must, be applied by the courts even to legal relationships which arose and were established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing a dispute relating to the application of that rule before the competent courts are satisfied (see, in particular, Case C-347/00 Barreira Pérez [2002] ECR I-8191, paragraph 44, and Joined Cases C‑453/02 and C‑462/02 Linneweber and Akritidis [2005] ECR I‑1131, paragraph 41).
| 1 |
862,330 |
31 Nor is such legislation capable of falling under the prohibitions laid down in Articles 85 and 86 of the Treaty, taken separately, which are, in themselves, concerned solely with the conduct of undertakings and not with laws or regulations adopted by Member States (see, inter alia, C-266/96 Corsica Ferries France v Gruppo Antichi Ormeggiatori del Porti di Genova and Others [1998] ECR I-3949, paragraph 35).
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13 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS SPECIFIQUES EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE .
| 0 |
862,331 |
En effet, il résulte d’une jurisprudence constante de la Cour que la procédure suivie devant les juridictions de l’Union est contradictoire. À l’exception des moyens d’ordre public que le juge est tenu de soulever d’office, telle l’absence de motivation de la décision attaquée, c’est à la partie requérante qu’il appartient de soulever des moyens contre cette dernière et d’apporter des éléments de preuve à l’appui de ces moyens (arrêt du 24 octobre 2013, Kone e.a./Commission, C‑510/11 P, non publié, EU:C:2013:696, point 30).
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17 Consequently, only contracts concluded for the purpose of satisfying an individual's own needs in terms of private consumption come under the provisions designed to protect the consumer as the party deemed to be the weaker party economically. The specific protection sought to be afforded by those provisions is unwarranted in the case of contracts for the purpose of trade or professional activity, even if that activity is only planned for the future, since the fact that an activity is in the nature of a future activity does not divest it in any way of its trade or professional character.
| 0 |
862,332 |
37 That would be the case where the members of the professional organisation can be characterised as experts who are independent of the economic operators concerned and they are required, under the law, to set tariffs taking into account not only the interests of the undertakings or associations of undertakings in the sector which has appointed them but also the public interest and the interests of undertakings in other sectors or users of the services in question (see, to that effect, Reiff, paragraphs 17 to 19 and 24; Delta Schiffahrts- und Speditionsgesellschaft, paragraphs 16 to 18 and 23; Joined Cases C-140/94 to C-142/94 DIP and Others [1995] ECR I-3257, paragraphs 18 and 19; and Commission v Italy, paragraph 44).
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31. In the first place, it is apparent from Article 267 TFEU that, while it may be convenient, in certain circumstances, for the facts of the case to be established and for questions of purely national law to be settled at the time the reference is made to the Court (see judgments in Creamery Milk Suppliers Association and Others , 36/80 and 71/80, EU:C:1981:62, paragraph 6; Meilicke , C‑83/91, EU:C:1992:332, paragraph 26; and JämO , C‑236/98, EU:C:2000:173, paragraph 31), national courts have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation of provisions of EU law, or consideration of their validity, necessitating a decision on their part (see, inter alia, judgments in Mecanarte , C‑348/89, EU:C:1991:278, paragraph 44; Cartesio , C‑210/06, EU:C:2008:723, paragraph 88; Melki and Abdeli , C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 41; and A , C‑112/13, EU:C:2014:2195, paragraph 35).
| 0 |
862,333 |
41. According to those provisions, this harmonisation at Community level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods – particularly daily and weekly – and adequate breaks and by providing for a ceiling of 48 hours on the average duration of the working week, a maximum limit which is expressly stated to include overtime (see Simap , paragraph 49, BECTU , paragraph 38, Jaeger , paragraph 46, Pfeiffer and Others , paragraph 92, and Case C‑313/02 Wippel [2004] ECR I‑9483, paragraph 47).
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13 IT SHOULD BE POINTED OUT FIRST THAT THE PURPOSE OF THE PRE-LITIGATION PROCEDURE IS TO GIVE THE MEMBER STATE CONCERNED AN OPPORTUNITY, ON THE ONE HAND, TO COMPLY WITH ITS OBLIGATIONS UNDER COMMUNITY LAW AND, ON THE OTHER, TO AVAIL ITSELF OF ITS RIGHT TO DEFEND ITSELF AGAINST THE COMPLAINTS MADE BY THE COMMISSION .
| 0 |
862,334 |
42
It should be noted that it follows from well-established case-law that the application, for the purpose of calculating fines imposed for competition infringements, of new guidelines, such as the 2006 Guidelines, and in particular of a new method of calculating the amount of a fine contained therein, even to infringements committed before the adoption or the amendment of those guidelines, does not breach the principle of non-retroactivity in so far as those new guidelines and that new method were reasonably foreseeable at the time when the infringements in question were committed (see, to that effect, in particular, judgments of 28 June 2005, Dansk Rørindustri and Others v Commission (C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217, 218, and 227 to 232; of 18 May 2006, Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission, C‑397/03 P, EU:C:2006:328, paragraph 25; of 18 July 2013, Schindler Holding and Others v Commission, C‑501/11 P, EU:C:2013:522, paragraph 75; and of 14 September 2016, Ori Martin and SLM v Commission, C‑490/15 P and C‑505/15 P, not published, EU:C:2016:678, paragraphs 82 to 94).
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27. That finding is in no way affected by the requirement that the objectives and context of each of the provisions referred to in the two preceding paragraphs must be taken into account in their interpretation (see, in particular, Case C‑491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I‑11453, paragraph 203 and case‑law there cited; Case C‑12/00 Commission v Spain [2003] ECR I‑459, paragraph 55; and Case C‑437/06 Securenta [2008] ECR I‑000, paragraph 35).
| 0 |
862,335 |
75. Nor is the combating of unlawful operations impeded by the fact, already found by the Court, that it is impossible for the holder of the intellectual property right to refer the case to the authority competent to take a substantive decision if the operators responsible for the presence of the goods in question in the customs territory of the European Union have conceded their identity (Case C‑223/98 Adidas [1999] ECR I‑7081, paragraph 27). It must be borne in mind, in that regard, that European Union customs law establishes the principle that all goods intended to be placed under a customs procedure must be covered by a declaration (Case C‑138/10 DP grup [2011] ECR I‑0000, paragraph 33). As is clear from Article 59 of the Customs Code and the implementing provisions of that code, a declaration which does not permit identification since the name or address of the declarant or other relevant operators is concealed will have the consequence that the release of the goods for the purposes provided for by the customs procedure requested cannot be validly granted. Moreover, if the lack of reliable information as to the identity or address of the operators responsible persists, the goods are liable, under Article 75 of the Customs Code, to be confiscated.
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43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC.
| 0 |
862,336 |
29. Secondly, it is clear from the ninth and eleventh recitals in the preamble to the Sixth Directive that the directive is designed to harmonise the basis of assessment of VAT and that the exemptions from that tax constitute independent concepts of Community law which, as the Court has held, must be placed in the general context of the common system of VAT introduced by that directive (Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18, and Stichting Uitvoering Financiële Acties , paragraph 10).
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41. A similar examination must therefore be carried out comparing charges applied to the undertaking in a dominant position and to its competitors for the allocation of telephone numbers.
| 0 |
862,337 |
33. To establish the existence of an interference with the fundamental right to privacy, it does not matter whether the information on the private lives concerned is sensitive or whether the persons concerned have been inconvenienced in any way (see, to that effect, Cases C‑465/00, C‑138/01 and C‑139/01 Österreichischer Rundfunk and Others EU:C:2003:294, paragraph 75).
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39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003.
| 0 |
862,338 |
17. However, the referring court, still implicitly relying on the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), adopts the analysis in paragraphs 66 to 81 of that judgment and consequently considers that neither the addendum at issue nor the order extending the agreement is unlawful from the point of view of Articles 102 TFEU and 106 TFEU. It also rejects, as unrelated to those articles, the complaint that the appointment of the insurer was not preceded by any call for tenders.
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3 ESTIMANT QUE LE LITIGE SOULEVAIT DES QUESTIONS D' INTERPRETATION DU DROIT COMMUNAUTAIRE, LE TRIBUNALE DI MILANO A SURSIS A STATUER JUSQU' A CE QUE LA COUR SE SOIT PRONONCEE SUR LES QUESTIONS PREJUDICIELLES SUIVANTES :
"1 ) UNE IMPOSITION DENOMMEE IMPOT DE CONSOMMATION (' IMPOSTA ERARIALE DI CONSUMO' ) FRAPPANT TANT LES PRODUITS IMPORTES QUE LES PRODUITS NATIONAUX, MAIS QUI, EN FAIT, S' APPLIQUE UNIQUEMENT AUX PRODUITS IMPORTES PARCE QUE, EN RAISON DES CONDITIONS CLIMATIQUES, IL N' EXISTE PAS DE PRODUCTION NATIONALE ( A SAVOIR, EN L' ESPECE, DES BANANES ), CONSTITUE-T-ELLE UNE TAXE D' EFFET EQUIVALANT A UN DROIT DE DOUANE, INTERDITE PAR LES ARTICLES 9 ET 12 DU TRAITE*CEE?
2 ) UNE TELLE IMPOSITION DOIT-ELLE, AU CONTRAIRE, ETRE CONSIDEREE COMME UNE IMPOSITION INTERIEURE AU SENS DE L' ARTICLE 95 DU TRAITE PRECITE DES LORS QUE, D' APRES SA DENOMINATION, ELLE FRAPPE LA CONSOMMATION DU PRODUIT, ET NON L' IMPORTATION, MEME SI ELLE EST MATERIELLEMENT PERCUE LORS DU DEDOUANEMENT ET QU' ELLE FRAPPE UNIQUEMENT LES BANANES, A L' EXCLUSION DE TOUTE AUTRE SORTE DE FRUITS?
3 ) AU CAS OU L' IMPOT EN QUESTION DEVRAIT ETRE CONSIDERE COMME UNE IMPOSITION INTERIEURE, EST-IL CONTRAIRE A L' ALINEA 2 DE L' ARTICLE 95 ET, EN TANT QUE TEL, INTERDIT DANS LA MESURE OU IL VISE A PROTEGER D' AUTRES PRODUCTIONS DE FRUITS, ET NOTAMMENT TOUS LES FRUITS NATIONAUX?
| 0 |
862,339 |
27. Exempting almost all, if not all, categories of establishments which engage in such lending from the obligation laid down in Article 5(1) of the Directive would deprive authors of remuneration allowing them to recoup their investments, with inevitable repercussions for the creation of new works (see Metronome Musik , paragraph 24, and Commission v Portugal , paragraph 25). In those circumstances, a transposition of the Directive that results, in practice, in such an exemption for almost all, if not all, categories of establishments goes against the main objective of that directive.
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35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71.
| 0 |
862,340 |
51. First, for reasons set out more fully in paragraphs 81 to 86 of Wählergruppe Gemeinsam , the fact that the meaning of ‘conditions of work’ as used in Article 48(2) of the EC Treaty (now, after amendment, Article 39(2) EC) has been clarified by Regulation No 1612/68, particularly the first paragraph of Article 8 thereof which refers specifically to trade-union and related rights, while such clarification is missing in relation to the bilateral agreements in question in no way means that the scope of the term used in those agreements is narrower than that of the term used in Article 39(2) EC and, hence, that it does not include the right of workers from the non-member States concerned to participate, on the same terms as domestic nationals, in elections to bodies that represent and defend employees’ interests.
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35 In view of all the circumstances set out above it appears, on the one hand, that various factors known to the institutions were in any event such as to raise doubts as to the appropriateness of Sri Lanka as a reference country and, on the other hand, that the institutions did not make a serious or sufficient attempt to determine whether Taiwan could be considered as an appropriate reference country.
| 0 |
862,341 |
41. The interpretation referred to in the preceding paragraph is merely the expression of the more general principle of respect for acquired rights, set out in the judgment in Case C-237/91 Kus [1992] ECR I‑6781, paragraphs 21 and 22, a principle according to which, where the Turkish national may legitimately rely on rights pursuant to a provision of Decision No 1/80, those rights are no longer dependent on the continuing existence of the circumstances which gave rise to them, as no condition of that nature is laid down by that decision. In the Kus case, the circumstance in question was, as a matter of fact, a marriage which had allowed the Turkish national concerned to enter the territory of the host Member State and was followed by a divorce which took place at a time when the person concerned had already acquired rights, in that case under Article 6(1) of Decision No 1/80. It should be noted that, by means of paragraph 22 of the judgment in Case C‑355/93 Eroglu [1994] ECR I‑5113, that same principle was made applicable in the context of Article 7 of Decision No 1/80 (see, to the same effect, inter alia, Ergat , paragraph 40; Aydinli , paragraph 26; Derin , paragraph 50; and Altun , paragraphs 42 and 43).
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40 Thus, at the very least from the time when a Turkish national covered by the first paragraph of Article 7 enjoys, after five years' legal residence for the purpose of re-uniting a worker's family, the right of free access to employment in the host Member State under the second indent of that provision, not only does the direct effect of that provision mean that the person concerned derives an individual employment right directly from Decision No 1/80 but also the effectiveness of that right necessarily implies a concomitant right of residence which is also founded on Community law and is independent of the continuing existence of the conditions for access to those rights (see, by analogy, as regards the third indent of paragraph 1 of Article 6 of Decision No 1/80, Case C-192/89 Sevince [1990] ECR I-3461, paragraphs 29 and 31, and Case C-171/95 Tetik [1997] ECR I-329, paragraphs 26, 30 and 31; as regards the second paragraph of Article 7 of that decision, Case C-355/93 Eroglou [1994] ECR I-5113, paragraph 20, and Case C-210/97 Akman [1998] ECR I-7519, paragraph 24).
| 1 |
862,342 |
24
It is true that the exception to the application of the rules of EU law in cases where the ‘in-house’ award conditions are fulfilled may apply in situations coming within the scope of application of Directive 2004/18 as well as in situations falling outside that scope (see, to that effect, judgment of 29 November 2012, Econord, C‑182/11 and C‑183/11, EU:C:2012:758, paragraph 26 and the case-law cited). However, in the latter case, the application of that exception will be relevant to the dispute in the main proceedings only in so far as the contract at issue is subject to the fundamental rules and general principles of the FEU Treaty, which presupposes that it is of certain cross-border interest (see, to that effect, judgment of 6 October 2016, Tecnoedi Costruzioni, C‑318/15, EU:C:2016:747, paragraph 19 and the case-law cited).
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103. À cet égard, il y a lieu de rappeler que la directive 2004/17 vise à ouvrir les marchés auxquels elle s’applique à la concurrence communautaire, en favorisant la manifestation d’intérêt la plus large possible parmi les opérateurs économiques des États membres (voir, en ce sens, s’agissant de la directive 93/38, arrêt du 5 octobre 2000, Commission/France, C‑16/98, Rec. p. I-8315, point 108).
| 0 |
862,343 |
33. In that regard, the Court has already held that the First, Second and Third Directives do not seek to harmonise the rules of the Member States governing civil liability and that, as Community law stands at present, the Member States are free to determine the rules of civil liability applicable to road traffic accidents. However, the Member States must ensure that the civil liability arising under their domestic law is covered by insurance which complies with the provisions of the three directives in question (Case C-348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I-6711, paragraphs 23 and 29, and Case C-537/03 Candolin and Others [2005] ECR I-5745, paragraph 24).
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18. In that regard, it should be recalled that the Court may order that the oral procedure be reopened, in accordance with Article 61 of its Rules of Procedure, if it forms the view 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 Joined Cases C-270/97 and C‑271/97 Deutsche Post [2000] ECR I‑929, paragraph 30, and Case C‑299/99 Philips [2002] ECR I-5475, paragraph 20).
| 0 |
862,344 |
17. Admittedly, a measure of that sort has the effect of making traders wishing to bring proceedings subject to different procedural rules according to whether or not they have the nationality of the Member State concerned. Nevertheless, as the Advocate General pointed out at points 46 and 47 of her Opinion, the possibility that nationals of other Member States would therefore hesitate to sell goods to purchasers established in that Member State who have the nationality of that State is too uncertain and indirect for that national measure to be regarded as liable to hinder intra-Community trade (see, by analogy, Case C‑69/88 Krantz [1990] ECR I‑583, paragraph 11; Case C‑379/92 Peralta [1994] ECR I‑3453, paragraph 24; Case C‑96/94 Centro Servizi Spediporto [1995] ECR I‑2883, paragraph 41; and Case C‑412/97 ED [1999] ECR I‑3845, paragraph 11). The causal link between the possible distortion of intra-Community trade and the difference in treatment at issue is therefore not established.
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22. That measure, which does not, therefore, concern the monopoly’s exercise of its specific function, accordingly cannot be considered to relate to the very existence of that monopoly.
| 0 |
862,345 |
46. The Court has held in particular that Articles 10 EC and 81 EC are infringed where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 81 EC or reinforces their effects, or where it divests its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere (see Van Eycke , paragraph 16; Reiff , paragraph 14; Delta Schiffahrts- und Speditionsgesellschaft , paragraph 14; Centro Servizi Spediporto , paragraph 21; and Arduino , paragraph 35).
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14 It must also be borne in mind that, in itself, Article 85 of the Treaty relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States. The Court has consistently held, however, that Article 85, read in conjunction with Article 5 of the Treaty, requires the Member States not to introduce or maintain in force measures, even of a legislative nature, which may render ineffective the competition rules applicable to undertakings. By virtue of the same case-law, such is the case where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforces their effects or deprives its own legislation of its official character by delegating to private traders responsibility for taking economic decisions affecting the economic sphere (see Case 267/86 Van Eycke v ASPA [1988] ECR 4769, paragraph 16).
| 1 |
862,346 |
48 It is true that, in the specific context of the common agricultural policy, the Court has already made it clear that, in so far as Community law, including its general principles, does not include common rules on the point at issue, the national authorities, when implementing Community regulations, act in accordance with the procedural and substantive rules of their own national law (Joined Cases 205/82 to 215/82 Deutsche Milchkontor v Germany [1983] ECR 2633, paragraph 17).
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68
In addition, with regard to the importance of the relationship of trust which must prevail between a dentist and his patient, the protection of the dignity of the profession of dentist may also be regarded as being capable of constituting such an overriding reason in the public interest.
| 0 |
862,347 |
45
In that connection, it follows from the Court’s case-law that the term ‘public’ refers to an indeterminate number of potential recipients and implies, moreover, a fairly large number of persons (judgment of 31 May 2016, Reha Training, C‑117/15, EU:C:2016:379, paragraph 41).
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50. At the hearing, the Finnish and United Kingdom Governments referred to various practical obstacles which, in their submission, preclude a shareholder fully taxable in Finland from being granted a tax credit corresponding to the corporation tax due from a company established in another Member State. They argued that the Treaty rules on the free movement of capital apply not only to movements of capital between Member States but also to movements of capital between Member States and non-member countries. According to those governments, bearing in mind the diversity of the tax systems in force, it is impossible in practice to determine exactly the amount of tax, by way of corporation tax, which has affected dividends paid by a company established in another Member State or in a non-member country. They argue that such impossibility is due in particular to the fact that the basis of assessment for corporation tax varies from one country to another and that rates of tax may vary from one year to the next. They further argue that dividends paid by a company do not necessarily arise from the profits of a given accounting year.
| 0 |
862,348 |
44. The Court has ruled that a woman is protected, during her maternity leave, against dismissal due to absence (Case C‑179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I‑3979, paragraph 15).
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45. En vue de préserver cette priorité, il convient d’interpréter la notion de «vente», figurant au paragraphe 1 de cet article 29, de manière large.
| 0 |
862,349 |
33. By reason of the spirit of cooperation in relations between the national courts and the Court of Justice in the context of the preliminary-ruling procedure, the lack of the necessary factual findings by the referring court does not inevitably render the request for a preliminary ruling inadmissible if, in spite of those failings, the Court, having regard to the information available from the file, considers that it is in a position to give a useful answer to the referring court (see, to that effect, judgment in Azienda sanitaria locale n. 5 ‘Spezzino’ and Others , C‑113/13, EU:C:2014:2440, paragraph 48).
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32. In light of those considerations, the reply to the question referred must be that subheading 1212 99 80 of the CN must be interpreted as meaning that shelled pumpkin seeds which have lost their ability to germinate and which are intended for use in the baking industry come under that subheading.
Costs
| 0 |
862,350 |
42. The first concerns personal data kept by the local authority on a person, such as his name and address, which constitute, in the present case, the basic data. It is apparent from the oral observations submitted by the College and the Netherlands Government that those data may be stored for a long time. They constitute ‘personal data’ within the meaning of Article 2(a) of the Directive, because they represent information relating to an identified or identifiable natural person (see, to that effect, Joined Cases C‑465/00, C‑138/01 and C‑139/01 Österreichischer Rundfunk and Others [2003] ECR I‑4989, paragraph 64; Case C‑101/01 Lindqvist [2003] ECR I‑12971, paragraph 24; and Case C‑524/06 Huber [2008] ECR I‑0000, paragraph 43).
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103. It must be stressed that, unlike the case at issue in the main proceedings, Daily Mail and General Trust concerned relations between a company and the Member State under the laws of which it had been incorporated in a situation where the company wished to transfer its actual centre of administration to another Member State whilst retaining its legal personality in the State of incorporation. In the main proceedings the national court has asked the Court of Justice whether the legislation of the State where a company actually carries on its activities applies to that company when it was formed under the law of another Member State (Case C-208/00 Überseering [2002] ECR I-9919, paragraph 62).
| 0 |
862,351 |
31
Even if, in the present case, the conditions for the application of Rule 3(b) of the General Rules appear prima facie to be satisfied as regards the goods at issue in the main proceedings, it is for this Court to provide the necessary assessment in that regard and to determine whether the goods can be classified under different CN headings, none of which may be considered to be the most specific within the meaning of Rule 3(a) of the General Rules (see, to that effect, judgments in Kurcums Metal, C‑558/11, EU:C:2012:721, paragraph 28, and Vario Tek, C‑178/14, EU:C:2015:152, paragraph 18).
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35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71.
| 0 |
862,352 |
109. Or, il résulte d’une jurisprudence constante que, dans le cadre d’un pourvoi, un moyen dirigé contre un motif surabondant de l’arrêt attaqué dont le dispositif est fondé à suffisance de droit sur d’autres motifs est inopérant et doit, dès lors, être rejeté (voir, en ce sens, arrêt du 12 novembre 1996, Ojha/Commission, C‑294/95 P, Rec. p. I‑5863, point 52).
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72. None the less, since there are detailed procedural rules governing the remedies intended to protect rights conferred by Community law on candidates and tenderers harmed by decisions of contracting authorities, they must not compromise the effectiveness of Directive 89/665.
| 0 |
862,353 |
14. The Court has held on many occasions that the provisions of the EC 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 measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case C-18/95 Terhoeve [1999] ECR I-345, paragraph 37; Case C-302/98 Sehrer [2000] ECR I-4585, paragraph 32; and Case C-109/04 Kranemann [2005] ECR I-2421, paragraph 25).
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59 In the present case, it appears that Katun would have difficulty in comparing its products with those of Toshiba Europe if it did not refer to the latter's order numbers. It also seems clear from the examples of Katun's lists of spare parts and consumable items set out in the order for reference that a clear distinction is made between Katun and Toshiba Europe, so that they do not appear to give a false impression concerning the origin of Katun's products.
| 0 |
862,354 |
29. The special regime in dispute cannot be justified by the objective of combating tax avoidance and evasion. According to the Court’s settled case-law, since Directive 69/335 harmonises exhaustively the cases in which the Member States may impose capital duty and does not contain any provision expressly authorising the Member States to take general measures to prevent tax avoidance, the Member States can prevent the application of Community law only in specific circumstances entailing an abusive or fraudulent practice (Case C‑178/05 Commission v Greece [2007] ECR I‑4185, paragraph 32).
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15 It follows that the fact that the TSIs have not yet been adopted is irrelevant for the purposes of determining whether or not Ireland has failed to fulfil its obligations.
| 0 |
862,355 |
189. As the Court has repeatedly held, a measure is vitiated by misuse of powers only if it appears on the basis of objective, relevant and consistent evidence to have been taken with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (Case C-331/88 Fedesa and Others [1990] ECR I-4023, paragraph 24; Case C-156/93 Parliament v Commission [1995] ECR I-2019, paragraph 31; and Case C-48/96 P Windpark Groothusen v Commission [1998] ECR I-2873, paragraph 52, and Case C-110/97 Netherlands v Council [2001] ECR I-8763, paragraph 137).
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53
It is clear from recital 1 of Directive 2014/54, under which the free movement of workers ‘is further developed by Union law aiming to guarantee the full exercise of rights conferred on Union citizens and the members of their family’, that the expression ‘“members of their family” should be understood as having the same meaning as the term defined in point (2) of Article 2 of Directive [2004/38], which applies also to family members of frontier workers’.
| 0 |
862,356 |
131. Applied to the classification of a measure as State aid, the obligation to state the reasons for a decision requires that the reasons why the Commission considers that the measure in question falls within the scope of Article 87(1) EC be stated. In that regard, according to the case-law, the Commission is not required to establish the existence of a real impact of the aid on trade between Member States and an actual distortion of competition, but only to examine whether that aid is capable of affecting such trade and distorting competition (Case C‑66/02 Italy v Commission [2005] ECR I‑10901, paragraph 111, and Joined Cases C-71/09 P, C‑73/09 P and C-76/09 P Comitato ‘Venezia vuole vivere’ and Others v Commission [2011] ECR I-0000, paragraph 134). Thus, where it is apparent from the circumstances under which an aid was granted that it is liable to affect trade between Member States and to distort or threaten to distort competition, the Commission must set out those circumstances in the statement of reasons for its decision (see inter alia, Case 57/86 Greece v Commission [1988] ECR 2855, paragraph 15; Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 52; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 98; Case C‑334/99 Germany v Commission [2003] ECR I‑1139, paragraph 59; Portugal v Commission , paragraph 89; and Case C-494/06 P Commission v Italy and Wam [2009] ECR I‑3639, paragraph 49).
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134. In the first place, according to the case-law, the Commission is not required to establish the existence of a real impact of the aid on trade between Member States and an actual distortion of competition, but is required only to examine whether that aid is capable of affecting such trade and distorting competition (Case C‑66/02 Italy v Commission [2005] ECR I‑10901, paragraph 111).
| 1 |
862,357 |
20. Il est de jurisprudence constante que, en l’absence, dans le traité FUE, de définition de la notion de «mouvements de capitaux», au sens de l’article 63, paragraphe 1, TFUE, la nomenclature qui constitue l’annexe I de la directive 88/361/CEE du Conseil, du 24 juin 1988, pour la mise en œuvre de l’article 67 du traité [article abrogé par le traité d’Amsterdam] (JO L 178, p. 5), conserve une valeur indicative, même si cette directive a été adoptée sur le fondement des articles 69 et 70, paragraphe 1, du traité CEE (devenus articles 69 CE et 70, paragraphe 1, CE, articles abrogés par le traité d’Amsterdam), étant entendu que, conformément au troisième alinéa de l’introduction de cette annexe, la nomenclature qu’elle contient n’est pas limitative de la notion de mouvements de capitaux (voir, notamment, arrêts du 14 septembre 2006, Centro di Musicologia Walter Stauffer, C‑386/04, Rec. p. I‑8203, point 22 et jurisprudence citée; du 12 février 2009, Block, C‑67/08, Rec. p. I‑883, point 19, et du 15 octobre 2009, Busley et Cibrian Fernandez, C‑35/08, Rec. p. I‑9807, point 17).
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14 Moreover, the principle of the protection of legitimate expectations may be invoked as against Community rules, only to the extent that the Community itself has previously created a situation which can give rise to a legitimate expectation.
| 0 |
862,358 |
87. Those criteria must in principle be applied by the national courts in accordance with the guidelines laid down by the Court (see, in particular, Brasserie du Pêcheur and Factortame , cited above, paragraphs 55 to 58).
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15. CML and CARC were not immediately liable for the non-deductible VAT on the total cost of the equipment purchased, but on the amount of rent relating to that equipment, spread over the term of the leasing agreements.
| 0 |
862,359 |
54
Next, it must be recalled that, according to the settled case-law of the Court, both the administrative authorities and the national courts called upon, within the exercise of their respective jurisdiction, to apply provisions of EU law, are under a duty to give full effect to those provisions, if necessary refusing of their own motion to apply any conflicting provision of national law, and it is not necessary for that court to request or to await the prior setting aside of that provision of national law by legislative or other constitutional means (see, to that effect, in relation to administrative authorities, judgments of 22 June 1989, Costanzo, 103/88, EU:C:1989:256, paragraph 31, and of 29 April 1999, Ciola, C‑224/97, EU:C:1999:212, paragraphs 26 and 30, and, in relation to courts, judgments of 9 March 1978, Simmenthal, 106/77, EU:C:1978:49, paragraph 24, and of 5 July 2016, Ognyanov, C‑614/14, EU:C:2016:514, paragraph 34).
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28 Economic activities are defined in Article 4(2) as comprising all activities of producers, traders and persons supplying services. In particular, the exploitation of tangible or intangible property for the purpose of obtaining income therefrom on a continuing basis is also to be considered an economic activity.
| 0 |
862,360 |
21. The Court has held that a contract which does not only concern the right to use a time-share apartment, but also concerns the provision of separate services of a value higher than that of the right to use the property, is not a contract for the rental of immoveable property within the meaning of Article 3(2)(a) of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 372, p. 31) (Case C-423/97 Travel Vac [1999] ECR I-2195, paragraph 25).
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30 As the Court has consistently held (see in particular the judgment in Case 120/78 REWE-Zentral [1979] ECR 649, "Cassis de Dijon"), in the absence of common rules applying to the products concerned, the obstacles to free movement within the Community resulting from disparities between national provisions must be accepted in so far as those national provisions, which are applicable without distinction to national products and to imported products, can be justified as being necessary in order to satisfy imperative requirements of Community law. The Court has, however, held that such rules must be proportionate to the object to be achieved and that, where a Member State has a choice between a number of measures suited to achieving the same purpose, it must choose the means that least hinders the free movement of goods.
| 0 |
862,361 |
83 In considering the question whether the requirement that a Bulgarian national whose presence within the host Member State's territory is irregular must submit a new establishment application in due and proper form in his State of origin or, as the case may be, in another country is compatible with the rule of equal treatment laid down in Article 45(1) of the Association Agreement, where such a requirement could not be imposed on the host Member State's own nationals, it is important to bear in mind that the Court has held, with regard to the free movement of workers, that the reservation contained in Article 48(3) of the EC Treaty (now, after amendment, Article 39(3) EC) allows Member States, on the grounds set out in that provision, and in particular grounds justified by requirements of public policy, to take measures against nationals of other Member States which they could not apply to their own nationals, inasmuch as they have no authority to expel the latter from the national territory or deny them access to it (see, in this regard, Case 41/74 Van Duyn [1974] ECR 1337, paragraph 22; Joined Cases 115/81 and 116/81 Adoui and Cornuaille [1982] ECR 1665, paragraph 7; Case C-370/90 Singh [1992] ECR I-4265, paragraph 22; Joined Cases C-65/95 and C-111/95 Shingara and Radiom [1997] ECR I-3343, paragraph 28; and Case C-171/96 Pereira Roque [1998] ECR I-4607, paragraph 37).
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Pour autant que les requérantes reprochent au Tribunal une violation de l’obligation de motivation, il convient de rappeler
que l’obligation de motivation prévue à l’article 296 TFUE constitue une formalité substantielle qui doit être distinguée
de la question du bien‑fondé de la motivation, celui-ci relevant de la légalité au fond de l’acte litigieux (arrêt du 29 septembre
2011, Elf Aquitaine/Commission, C‑521/09 P, EU:C:2011:620, point 146 et jurisprudence citée).
| 0 |
862,362 |
19. Thus, although the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21, and Case C-314/08 Filipiak [2009] ECR I‑0000, paragraph 41), the Court may decline to rule on a question referred for a preliminary ruling by a national court only where, inter alia, it is quite obvious that the provision of European Union law referred to the Court for interpretation is incapable of applying (see Case C‑85/95 Reisdorf [1996] ECR I‑6257, paragraph 16, and Case C‑567/07 Woningstichting Sint Servatius [2009] ECR I‑0000, paragraph 43).
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22. Article 2 of Directive 89/104 contains a list, described as a ‘list of examples’ in the seventh recital in the preamble to that directive, of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings, that is to say to fulfil the trade mark’s function as an indicator of origin. That list expressly includes ‘personal names’.
| 0 |
862,363 |
29. In order to answer the question thus reformulated, the Court observes at the outset that, according to settled case-law, the concept of matters relating to tort, delict or quasi-delict covered by Article 5(3) of the Brussels Convention includes all actions which seek to establish the liability of a defendant and which are not related to a contract within the meaning of Article 5(1) of that Convention (see, inter alia, Case 189/87 Kalfelis [1988] ECR 5565, paragraph 17; Case C-261/90 Reichert and Kockler [1992] ECR I-2149, paragraph 16; Case C-51/97 Réunion européenne and Others [1998] ECR I-6511, paragraph 22; Gabriel , paragraph 33; and Case C-167/00 Henkel [2002] ECR I-8111, paragraph 36).
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65. Il y a lieu de rappeler que les juridictions de l’Union doivent, conformément aux compétences dont elles sont investies en vertu du traité, assurer un contrôle, en principe complet, de la légalité de l’ensemble des actes de l’Union au regard des droits fondamentaux faisant partie intégrante de l’ordre juridique de l’Union. Cette exigence est expressément consacrée à l’article 275, second alinéa, TFUE (voir arrêt du 18 juillet 2013, Commission e.a./Kadi, C‑584/10 P, C‑593/10 P et C‑595/10 P, ci-après l’«arrêt Kadi II», point 97).
| 0 |
862,364 |
92. First of all, it is settled case-law that the rules regarding equality of treatment between nationals and non-nationals forbid not only overt discrimination by reason of nationality or, in the case of a company, its seat, but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead to the same result (see, inter alia, Case C-330/91 Commerzbank [1993] ECR I-4017, paragraph 14, and Commission v Italy , paragraph 15).
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53. The Court has also held, first, that it follows from Article 2 of the Sixth Directive that every transaction must normally be regarded as distinct and independent and, secondly, that a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system. There is a single supply where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split ( Levob Verzekeringen and OV , paragraphs 20 and 22, and Aktiebolaget NN , paragraphs 22 and 23).
| 0 |
862,365 |
27 Secondly, it must be established that the contested decision is not simply a preparatory step, in which case an action against the decision in which the procedure culminates would ensure sufficient protection against any unlawfulness (see the judgment in Case 53/85 Akzo Chemie v Commission [1986] ECR 1965).
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15 Accordingly a holding company which does not itself execute works may not, because its subsidiaries which do carry out works are separate legal persons, be precluded on that ground from participation in public works contract procedures.
| 0 |
862,366 |
87. With regard to the classification of a national tax as a charge having equivalent effect to a customs duty, it should be borne in mind that the justification for the prohibition of customs duties and any charges having an equivalent effect lies in the fact that any pecuniary charge, however small, imposed on goods by reason of the fact that they cross a frontier, constitutes an obstacle to the movement of goods which is aggravated by the resulting administrative formalities (see, by analogy, judgment in O rgacom , C‑254/13, EU:C:2014:2251, paragraph 22 and the case-law cited).
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28. Dans ce contexte, la Cour a itérativement jugé que l’article 15, paragraphe 1, du règlement nº 44/2001, qui fait référence à la notion de «consommateur», ne vise que le consommateur final privé, non engagé dans des activités commerciales ou professionnelles (voir, en ce sens, arrêt du 14 mars 2013, Česká spořitelna, C‑419/11, point 32).
| 0 |
862,367 |
52. It should be borne in mind in that regard, first, that the provisions of Directive 2003/30 do not require the Member States to introduce, or maintain in force, a tax exemption scheme for biofuels. Consequently, no right to a tax exemption can be deduced from the provisions of that directive (see, to that effect, Case C‑201/08 Plantanol [2009] ECR I‑8343, paragraphs 33 to 38). Thus, contrary to what Evroetil and the referring court seem to consider, the classification of bioethanol for the purposes of Directive 2003/30 has no bearing on the tax treatment to be given under EU law to a product such as that at issue in the main proceedings.
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81. It should be borne in mind that, in a field which has been exhaustively harmonised at Community level, a national measure must be assessed in the light of the provisions of that harmonising measure and not of those of primary law (see Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 9, and Case C-324/99 DaimlerChrysler [2001] ECR I-9897, paragraph 32).
| 0 |
862,368 |
78. Thus, given the nature and significance of the public interest constituted by the protection of consumers, who are in a position of weakness vis-à-vis sellers or suppliers, Directive 93/13 requires Member States, as is apparent from Article 7(1) thereof, read in conjunction with the twenty-fourth recital in the preamble thereto, to provide for adequate and effective means ‘to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers’ ( Banco Español de Crédito EU:C:2012:349, paragraph 68).
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47
It must be noted that the Court has already ruled that provisions which, in order to be adopted, require political choices falling within the responsibilities of the EU legislature cannot be delegated by the legislature, and that, accordingly, implementing measures adopted by the Commission cannot amend essential elements of basic legislation or supplement it by new essential elements (judgment of 5 September 2012 in Parliament v Council, C‑355/10, EU:C:2012:516, paragraphs 65 and 66).
| 0 |
862,369 |
19. Furthermore, for the same reasons, such an allowance does not fall within the category of advantages granted to national workers principally because of their status as workers or national residents and, as a result, does not fulfil the essential characteristics of the ‘social advantages’ referred to in Article 7(2) of Regulation (EEC) No 1612/68 ( Even and ONPTS , cited above, paragraphs 20 to 24).
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11 The first paragraph of Article 234 of the Treaty provides that the rights and obligations arising from agreements concluded before the entry into force of the Treaty between one or more Member States on the one hand, and one or more non-member countries on the other, are not affected by the provisions of the Treaty. Nonetheless, the second paragraph obliges the Member States to take all appropriate steps to eliminate any incompatibilities between such an agreement and the Treaty. Article 234 is of general scope and applies to any international agreement, irrespective of subject-matter, which is capable of affecting the application of the Treaty (see Case 812/79 Attorney General v Burgoa [1980] ECR 2787, paragraph 6).
| 0 |
862,370 |
84. That is so except for situations originating and becoming definitive under the previous legislation which create acquired rights (see, to this effect, Case 68/69 Brock [1970] ECR 171, paragraph 7; Case 143/73 SOPAD [1973] ECR 1433, paragraph 8; Case 270/84 Licata v ESC [1986] ECR 2305, paragraph 31 and Centeno Mediavilla and Others v Commission , paragraph 62). A right is considered to be acquired when the event giving rise to it occurred before the legislative amendment (see Centeno Mediavilla and Others v Commission , paragraph 63).
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13 ON THE OTHER HAND , FOR THE PURPOSES OF DETERMINING THE CONTENT OF THAT RIGHT , ACCOUNT MUST BE TAKEN OF THE LIMITATION RESULTING FROM THE PROVISIONS OF ARTICLE 52 OF THE REGULATION , WHEREBY SUBROGATION IS PERMITTED ONLY IN SO FAR AS THE DAMAGE IS THE CAUSE OF THE BENEFITS PAID BY THE INSTITUTION LIABLE TO PAY THEM .
| 0 |
862,371 |
62
In order to be able to classify an article as a ‘part’, it is not sufficient to show that, without that article, the machine is not able to function properly. It remains necessary to establish that the mechanical or electrical functioning of the machine in question is dependent upon that article (see judgment in Rohm Semiconductor, C‑666/13, EU:C:2014:2388, paragraph 46 and the case-law cited).
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50 As to the objective of maintaining a balanced medical and hospital service open to all, that objective, although intrinsically linked to the method of financing the social security system, may also fall within the derogations on grounds of public health under Article 56 of the Treaty, in so far as it contributes to the attainment of a high level of health protection.
| 0 |
862,372 |
28 By contrast, the second stage of the selection board' s proceedings involves tasks that are primarily comparative in character and is accordingly covered by the secrecy inherent in those proceedings (see the judgments cited above in Case 44/71 Marcato v Commission, paragraph 20; Case 37/72 Marcato v Commission, paragraph 19, and Costacurta v Commission, paragraph 11).
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17 FIRST OF ALL, THE FACT THAT THE AID PROGRAMME WAS ADOPTED BY A STATE IN A FEDERATION OR BY A REGIONAL AUTHORITY AND NOT BY THE FEDERAL OR CENTRAL POWER DOES NOT PREVENT THE APPLICATION OF ARTICLE 92*(1 ) OF THE TREATY IF THE RELEVANT CONDITIONS ARE SATISFIED . IN REFERRING TO "ANY AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES IN ANY FORM WHATSOEVER" ARTICLE 92*(1 ) IS DIRECTED AT ALL AID FINANCED FROM PUBLIC RESOURCES . IT FOLLOWS THAT AID GRANTED BY REGIONAL AND LOCAL BODIES OF THE MEMBER STATES, WHATEVER THEIR STATUS AND DESCRIPTION, MUST BE SCRUTINIZED TO DETERMINE WHETHER IT COMPLIES WITH ARTICLE 92 OF THE TREATY .
| 0 |
862,373 |
30. As a preliminary point, it should be recalled that because certain activities may present a specific risk of exposure to hazardous agents, processes or working conditions for a pregnant worker or for one who is breastfeeding or who has recently given birth, such as those listed in Annex I to Directive 92/85, endangering safety or health, the European Union legislature, by adopting Directive 92/85, introduced the requirement to evaluate and communicate risks and a prohibition on the exercise of certain activities (see, to that effect, Case C‑203/03 Commission v Austria [2005] ECR I‑935, paragraph 44).
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44. It is precisely because certain activities may present a specific risk of exposure to hazardous agents, processes or working conditions for a pregnant worker or for one who is breast-feeding or who has recently given birth that the Community legislature, by adopting Directive 92/85, introduced the requirement to evaluate and communicate risks, and a prohibition of the exercise of certain activities.
| 1 |
862,374 |
46. In that regard, the Court has already ruled on the meaning of ‘necessary adaptations’ in the context of acts of accession, holding that the adaptation measures provided for by such acts, as a general rule, authorise only adaptations intended to render earlier Community measures applicable in the new Member States, to the exclusion of all other amendments (see, to that effect, in relation to Article 169 of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21), Case C‑259/95 Parliament v Council [1997] ECR I‑5303, paragraphs 14 and 19; and, in respect of Article 57 of the Act of Accession, Case C‑413/04 Parliament v Council [2006] ECR I‑11221, paragraphs 31 to 38, and Case C‑414/04 Parliament v Council [2006] ECR I‑11279, paragraphs 29 to 36).
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51. Although it is apparent, inter alia, from the fifth to seventh recitals in the preamble to the First Directive that that directive sought to liberalise the rules regarding the movement of persons and motor vehicles between Member States with a view to the creation of an internal market, by abolishing the checks on green cards which were carried out at the borders of Member States, it pursued equally the objective of protecting victims (see, to that effect, Ruiz Bernáldez , EU:C:1996:143, paragraph 18).
| 0 |
862,375 |
58. It should be noted that, according to settled case-law, the statement of reasons required by Article 296(2) TFEU must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Court to exercise its power of review. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 296(2) TFEU must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, to that effect, inter alia Case C‑5/01 Belgium v Commission [2002] ECR I‑11991, paragraph 68; Case C‑501/00 Spain v Commission [2004] ECR I‑6717, paragraph 73; and judgment of 5 March 2009 in Case C‑479/07 France v Council , paragraph 49).
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88. It follows from these considerations that the applicant is not in a situation comparable to that of the old Member States which have unrestricted access to the direct support schemes, and that prevents any valid comparison being made (see, by analogy, Case C‑73/90 Spain v Council [1992] ECR I‑5191, paragraph 34).
| 0 |
862,376 |
14 Finally, to alter the substance of questions referred for a preliminary ruling would be incompatible with the Court's function under Article 177 of the Treaty and with its duty to ensure that the Governments of the Member States and the parties concerned are given the opportunity to submit observations under Article 20 of the EC Statute of the Court, bearing in mind that, under that provision, only the order of the referring court is notified to the interested parties (see inter alia the judgments in Joined Cases 141/81 to 143/81 Holdijk and Others [1982] ECR 1299, paragraph 6, and Case C-178/95 Wiljo v Belgium [1997] ECR I-0000, paragraph 30).
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14 It follows from the above that Regulations Nos 222/77 and 223/77 lay down the rule that the Community status of goods may be proved only by means of document T2 or document T2L, subject to specified exceptions .
| 0 |
862,377 |
103 That finding, which is in no way challenged by Lamifer, cannot in any event form the subject-matter of an appeal, if there has been no distortion by the Court of First Instance of the clear sense of the evidence (see the judgment in Hilti v Commission, cited above, at paragraph 42).
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30. To the extent that input VAT relating to expenditure incurred by a taxpayer is connected with activities which, in view of their non-economic nature, do not fall within the scope of the Sixth Directive, it cannot give rise to a right to deduct.
| 0 |
862,378 |
39. In the absence of a definition in the Treaty of ‘movement of capital’, the Court has previously recognised the nomenclature annexed to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (an article repealed by the Treaty of Amsterdam) (OJ 1988 L 178, p. 5) as having indicative value, even though that directive was adopted on the basis of Articles 69 and 70(1) of the EEC Treaty (Articles 67 to 73 of the EEC Treaty were replaced by Articles 73b to 73g of the EC Treaty, now Articles 56 EC to 60 EC), subject to the qualification, contained in the introduction to the nomenclature, that the list set out therein is not exhaustive (see, in particular, Case C‑513/03 van Hilten‑van der Heijden [2006] ECR I‑1957, paragraph 39; Case C-386/04 Centro di Musicologia Walter Stauffer [2006] ECR I-8203, paragraph 22; Case C‑11/07 Eckelkamp [2008] ECR I‑0000, paragraph 38; and Case C-318/07 Persche [2009] ECR I-0000, paragraph 24).
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11 PAR CONSEQUENT, DANS LE CADRE DE LA FORMULE B, LE PRELEVEMENT N' EST PAS DU LORSQUE L' AUGMENTATION DES LIVRAISONS D' UN PRODUCTEUR AFFILIE A UNE LAITERIE EST COMPENSEE PAR UNE DIMINUTION CORRESPONDANTE DES LIVRAISONS D' AUTRES PRODUCTEURS AFFILIES A LA MEME LAITERIE, DE TELLE SORTE QUE LE TOTAL DES QUANTITES ACHETEES PAR CELLE-CI RESTE DANS LES LIMITES DE SA QUANTITE DE REFERENCE . LA PERCEPTION DU PRELEVEMENT SE RATTACHE DONC, DANS LE CADRE DE CETTE FORMULE, A LA QUANTITE DE REFERENCE DE LA LAITERIE, DONT LE DEPASSEMENT CONSTITUE LE FAIT GENERATEUR DE CETTE CHARGE, ALORS QUE LA QUANTITE INDIVIDUELLE DES PRODUCTEURS N' EST PRISE EN CONSIDERATION QU' AUX SEULES FINS DE LA REPERCUSSION DU PRELEVEMENT ACQUITTE SUR CES DERNIERS .
| 0 |
862,379 |
23. Accordingly, the letter of formal notice from the Commission to the Member State concerned and then the reasoned opinion issued by it delimit the subject-matter of the dispute, so that it cannot thereafter be extended. Consequently, the reasoned opinion and the application must be based on the same complaints (see, in particular, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 55; Case C-139/00 Commission v Spain [2002] ECR I-6407, paragraph 18, and Commission v Finland , cited above, paragraph 80).
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18 It is settled case-law that the subject-matter of proceedings brought under Article 226 EC is circumscribed by the pre-litigation procedure provided for by that provision and that, consequently, the Commission's reasoned opinion and the application must be based on the same complaints (see Case C-11/95 Commission v Belgium [1996] ECR I-4115, paragraph 73, and Case C-279/94 Commission v Italy [1997] ECR I-4743, paragraph 24).
| 1 |
862,380 |
21
In that regard, it must be noted at the outset that, as the General Court rightly held in paragraph 36 of the judgment under appeal, in order to assess the similarity of goods or services, all the relevant factors relating to those goods or services should be taken into account. Those factors include, in particular, their nature, their intended purpose, their method of use and whether they are in competition with each other or are complementary (see, in particular, judgments in Sunrider v OHIM, C‑416/04 P, EU:C:2006:310, paragraph 85, and Éditions Albert René v OHIM, C‑16/06 P, EU:C:2008:739, paragraph 65).
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46. It follows that the concept of legal residence implied by the terms ‘have resided legally’ in Article 16(1) of Directive 2004/38 should be construed as meaning a period of residence which complies with the conditions laid down in the directive, in particular those set out in Article 7(1).
| 0 |
862,381 |
28
It should be recalled in this regard that, as follows from settled case-law of the Court of Justice, the General Court cannot, as a general rule, be required to respond to pleas and arguments which have not been raised, or which have not been raised with sufficient clarity and precision, during the proceedings, in particular in the application initiating proceedings (see, to that effect, judgments of 6 March 2001, Connolly v Commission, C‑274/99 P, EU:C:2001:127, paragraph 121, and of 20 March 2014, Rousse Industry v Commission, C‑271/13 P, not published, EU:C:2014:175, paragraphs 17 to 19).
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13 The reasoning behind that finding is that if, as can be seen from the judgment of 31 March 1981 in Case 96/80 Jenkins v Kingsgatge (Clothing Productions) Ltd [1981] ECR 911, a pay policy which consists of setting a lower hourly rate for part-time work than for full-time work may in certain cases entail discrimination between men and women, the same applies where part-time workers are refused a company pension. Since such a pension falls within the concept of "pay", within the meaning of the second paragraph of Article 119, it follows that, hour for hour, the total remuneration paid by the employer to full-time workers is higher than that paid to part-time workers (paragraph 27).
| 0 |
862,382 |
51. It should be noted in this regard, at the outset, that, according to the Court’s case-law, for national tax legislation, such as that at issue, which distinguishes between offsetting of registration duties paid in the Flemish Region and those paid in another Member State, to be regarded as compatible with the Treaty provisions on the free movement of capital, the difference in treatment must relate to situations which are not objectively comparable, or must be justified by an overriding reason in the public interest (see, to that effect, Case C-35/98 Verkooijen [2000] ECR I‑4071, paragraph 43; Manninen , paragraph 29; and Case C‑10/10 Commission v Austria , paragraph 29).
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46. En vertu de l’article 8, paragraphe 4, du règlement n° 207/2009, le titulaire d’un signe utilisé dans la vie des affaires dont la portée n’est pas seulement locale peut s’opposer à l’enregistrement d’une marque communautaire, notamment, lorsque et dans la mesure où, selon le droit de l’État membre qui est applicable à ce signe, des droits à ce dernier ont été acquis avant la date de dépôt de la demande d’enregistrement de cette marque et ledit signe lui donne le droit d’interdire l’utilisation d’une marque plus récente.
| 0 |
862,383 |
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).
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36. Secondly, the issue of classifying the connection between Mr Spies von Büllesheim and that company cannot be resolved on the basis of national law (see, by analogy, judgment in Kiiski , C‑116/06, EU:C:2007:536, paragraph 26).
| 0 |
862,384 |
17
It should be borne in mind that, in the judgment of 7 December 2006, SGAE (C‑306/05, EU:C:2006:764, paragraphs 47 and 54), the Court held that the distribution of a signal by means of TV sets by a hotel to customers staying in its rooms, whatever technique is used to transmit the signal, constitutes a communication to the public within the meaning of Article 3(1) of Directive 2001/29, and that the private nature of hotel rooms by such a hotel does not preclude the communication of a work by those means from constituting a communication to the public within the meaning of Article 3(1) of Directive 2001/29.
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23. Secondly, it must be recalled that the right to paid annual leave may not be interpreted restrictively (Case C‑78/11 ANGED [2012] ECR, paragraph 18).
| 0 |
862,385 |
40. As regards the first of the two criteria, it should be recalled that an act will be held to be ‘transient’, in the light of the technological process used, if its duration is limited to what is necessary for that process to work properly, it being understood that that process must be automated inasmuch as it deletes such an act automatically, without human intervention, once its function of enabling the completion of such a process has come to an end (see, to that effect, Infopaq International , EU:C:2009:465, paragraph 64).
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24 While it is true that, in the absence of harmonisation of the activities at issue in the main proceedings, Member States remain, in principle, competent to define the exercise of those activities, they must none the less, when exercising their powers in this area, respect the basic freedoms guaranteed by the Treaty (see Joined Cases C-193/97 and C-194/97 De Castro Freitas and Escallier [1998] ECR I-6747, paragraph 23, and judgment of 3 October 2000 in Case C-58/98 Corsten [2000] ECR I-7919, paragraph 31).
| 0 |
862,386 |
21. The first subparagraph of Article 3(1) of the regulation fixes, as far as proceedings are concerned, a limitation period which runs from the time when the irregularity was committed, such irregularity, according to Article 1(2) of that regulation, being ‘any infringement of a provision of Community law resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities …’ ( Handlbauer , paragraph 32).
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112 Referring to GB-Inno-BM, cited above, Albany considers, however, that the fact that the Fund fulfils a dual role, as manager of the pension scheme and as the authority vested with the power to grant exemptions, might give rise to arbitrary exercise of the power of exemption.
| 0 |
862,387 |
13 As the Court has consistently held, it follows from that principle that measures imposing financial charges on economic agents are lawful provided that the measures are appropriate and necessary for the attainment of the objectives legitimately pursued by the legislation in question. Of course, where there is a choice between several appropriate measures, the least onerous measures must be used and the charges imposed must not be disproportionate to the aims pursued (see, for example, the judgment in Case 265/87 Schraeder v Hauptzollamt Gronau [1989] ECR 2237, paragraph 21). Thus, in order to answer the second question, it is first necessary to recall the objective of Regulation No 3429/80.
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26. It follows that prior authorisation within the meaning of Article 6(2) of Directive 2006/11 means that every request for authorisation for that purpose must be examined individually and cannot be tacit (see, with particular regard to Article 7 of Directive 76/464, Case C-230/00 Commission v Belgium [2001] ECR I-4591, paragraph 16).
| 0 |
862,388 |
25. According to settled case-law, the aim of Directive 2001/23 is to ensure continuity of employment relationships within an economic entity, irrespective of any change of ownership. The decisive criterion for establishing the existence of a transfer within the meaning of that directive is, therefore, the fact that the entity in question retains its identity, as indicated inter alia by the fact that its operation is actually continued or resumed (see judgments in Spijkers , 24/85, EU:C:1986:127, paragraphs 11 and 12; Güney-Görres and Demir , C‑232/04 and C‑233/04, EU:C:2005:778, paragraph 31 and the case-law cited; and Amatori and Others , C‑458/12, EU:C:2014:124, paragraph 30 and the case-law cited).
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48. En premier lieu, force est de constater que, lorsque le Tribunal a statué, le litige avait conservé son objet, car les décisions attaquées n’avaient pas été formellement retirées par la Commission.
| 0 |
862,389 |
49. In that regard, the assessment of the validity of a measure which the Court is called upon to undertake on a reference for a preliminary ruling must normally be based on the situation which existed at the time that measure was adopted (Joined Cases C‑248/95 and C‑249/95 SAM Schiffahrt and Stapf [1997] ECR I‑4475, paragraph 46).
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60. À cet égard, la Cour a déjà eu l’occasion de préciser que la réglementation des prix de fourniture du gaz naturel doit être proportionnée au regard de son champ d’application personnel et, plus précisément, de ses bénéficiaires. Elle a également jugé que cette exigence de proportionnalité n’est, en principe, pas respectée si cette réglementation bénéficie de manière identique aux particuliers et aux entreprises, en tant que consommateurs finals de gaz (voir, en ce sens, arrêt Federutility e.a., C-265/08, EU:C:2010:205, points 39 et 43).
| 0 |
862,390 |
40. As regards the argument put forward by the German Government, the Court has held, on several occasions, that the effectiveness of fiscal supervision constitutes an overriding reason of public interest capable of justifying a restriction on the exercise of fundamental freedoms guaranteed by the Treaty (see Case C‑386/04 Centro di Musicologia Walter Stauffer [2006] ECR I‑8203, paragraph 47).
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36 It follows that the worker cannot claim more favourable treatment, particularly in financial terms, than he would have had if he had been duly accepted as a member.
| 0 |
862,391 |
15. Moreover, it is settled case-law that all of the EC Treaty provisions relating to the freedom of movement of persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case C-370/90 Singh [1992] ECR I-4265, paragraph 16; Case C-302/98 Sehrer [2000] ECR I-4585, paragraph 32; and De Groot , cited above, paragraph 77).
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100. In the light of the foregoing, the Court finds that the Commission could lawfully decide, in the contested regulation, that the term ‘feta’ had not become generic within the meaning of Article 3 of the basic regulation.
The statement of reasons
| 0 |
862,392 |
14. In that regard, it is to be noted that Article 9 of the Sixth Directive contains rules for determining the place where services are deemed to be supplied for tax purposes. Whereas Article 9(1) lays down a general rule on the matter, Article 9(2) sets out a number of specific instances of places where certain services are deemed to be supplied. The object of those provisions is to avoid, first, conflicts of jurisdiction which may result in double taxation, and, secondly, non-taxation (see Case 168/84 Berkholz [1985] ECR 2251, paragraph 14; Case C-327/94 Dudda [1996] ECR I-4595, paragraph 20; Case C-167/95 Linthorst, Pouwels en Scheres [1997] ECR I-1195, paragraph 10; and Case C-452/03 RAL (Channel Islands) and Others [2005] ECR I‑3947, paragraph 23).
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43. Il convient de constater, à cet égard, que, certes, les directives 2004/67/CE du Conseil, du 26 avril 2004, concernant des mesures visant à garantir la sécurité de l’approvisionnement en gaz naturel (JO L 127, p. 92), et 2005/89/CE du Parlement européen et du Conseil, du 18 janvier 2006, concernant des mesures visant à garantir la sécurité de l’approvisionnement en électricité et les investissements dans les infrastructures (JO L 33, p. 22), énoncent des mesures visant à sauvegarder un niveau adéquat de la sécurité de l’approvisionnement respectivement en gaz naturel et en électricité. Cependant, ces directives n’établissent qu’un cadre à l’intérieur duquel les États membres définissent les politiques générales en matière de sécurité d’approvisionnement. Il ressort, en outre, des dispositions de la directive 2004/67 que la liste des instruments propres à assurer la sécurité de l’approvisionnement en gaz naturel figurant à son annexe n’est pas exhaustive. De surcroît, il résulte du troisième considérant de cette directive qu’elle ne constitue qu’une approche commune minimale en matière de sécurité d’approvisionnement en gaz naturel.
| 0 |
862,393 |
46. After the reunification of Germany that provision was not repealed either by the Treaty on European Union or by the Treaty of Amsterdam (see, inter alia, Case C-156/98 Germany v Commission , cited above, paragraph 47).
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42. On the other hand, as is accepted by all the parties who submitted observations to the Court, with the exception of F, Question 1 does not concern the legality of the inclusion of DHKP-C on the list pursuant to Decision 2007/445 and the subsequent Council decisions referred to in paragraph 25 above. Nor – contrary to the position argued for by F – does Question 1 concern the legality of Regulation No 2580/2001.
| 0 |
862,394 |
167. It must be remembered that it is for each Member State to organise, in compliance with European Union law, its system for taxing distributed profits and, in that context, to define the tax base and the tax rate which apply to the shareholder receiving them (see, in particular, Test Claimants in Class IV of the ACT Group Litigation , paragraph 50; Test Claimants in the FII Group Litigation , paragraph 47; and Case C‑194/06 Orange European Smallcap Fund [2008] ECR I‑3747, paragraph 30).
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41. Consequently, the restriction on the freedom of establishment which results from the national legislation at issue is not justified.
| 0 |
862,395 |
19. In that regard, the Court has already held that the allocation of a VAT identification number provides proof of the tax status of the taxable person for the purposes of applying VAT and simplifies the inspection of taxable persons with a view to ensuring the correct collection of the tax. Under the transitional arrangements for tax applicable to trade within the European Union, the identification of taxable persons subject to VAT by means of an individual number also facilitates the determination of the Member State in which the final consumption of the goods delivered takes place (see, to that effect, Case C-273/11 Mecsek-Gabona [2012] ECR I-0000, paragraphs 57 and 60, and Case C-587/10 VSTR [2012] ECR I-0000, paragraph 51).
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11 Taking the view that the Directive had not been correctly transposed into French law within the period prescribed, the Commission initiated proceedings for failure to fulfil obligations. After placing the French Republic on notice to submit its observations, the Commission issued a reasoned opinion on 6 August 1999 requesting that Member State to take the measures necessary to comply with the opinion within two months of its notification. Since the Commission deemed the reply by the French Republic to be unsatisfactory, it brought this action.
Substance
| 0 |
862,396 |
25 The Court has thus held that the right conferred upon the trade mark owner to oppose any use of the trade mark which is liable to impair the guarantee of origin, as so understood, forms part of the specific subject-matter of the trade mark right, the protection of which may justify derogation from the fundamental principle of the free movement of goods (Hoffmann-La Roche, paragraph 7, Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 9, and Bristol-Myers Squibb, paragraph 48).
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38. In that regard, it must be recalled that, as is clear from the wording of Articles 2(1) and 3(1) of Directive 98/59, the obligations of consultation and notification imposed on the employer come into being prior to the employer’s decision to terminate employment contracts (see, to that effect, Case C‑188/03 Junk [2005] ECR I‑885, paragraphs 36 and 37). In such a case, there is still a possibility of avoiding or at least reducing collective redundancies, or of mitigating the consequences.
| 0 |
862,397 |
65. That right, which is set out in Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) from which that directive permits no derogation, provides that every worker is entitled to a period of paid annual leave of at least four weeks. The right to paid annual leave which, according to settled case-law, must be regarded as a particularly important principle of EU social law, is thus granted to every worker, whatever his place of employment (see, to that effect, judgments in Schultz-Hoff and Others , C‑350/06 and C‑520/06, EU:C:2009:18, paragraph 54, and Lock , C‑539/12, EU:C:2014:351, paragraph 14).
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44. Finding and collecting the data which make up a football fixture list do not require any particular effort on the part of the professional leagues. Those activities are indivisibly linked to the creation of those data, in which the leagues participate directly as those responsible for the organisation of football league fixtures. Obtaining the contents of a football fixture list thus does not require any investment independent of that required for the creation of the data contained in that list.
| 0 |
862,398 |
14 With regard to those characteristics, the first point to bear in mind is that, as the Court has repeatedly held (see, in particular, the judgments in Case 252/86 Bergandi v Directeur-Général des Impôts [1988] ECR 1343, paragraph 15, Joined Cases 93 and 94/88 Wisselink and Others v Staatssecretaris van Financiën [1989] ECR 2671, paragraph 18, Case C-109/90 Giant v Gemeente Overijse [1991] ECR I-1385, paragraphs 11 and 12, Case C-200/90 Dansk Denkavit and Poulsen v Skatteministeriet [1992] ECR I-2217, paragraph 11, and Case C-347/90 Bozzi [1992] ECR I-2947, paragraph 12), VAT applies generally to transactions relating to goods or services, it is proportional to the price of those goods or services, it is charged at each stage of the production and distribution process and finally it is imposed on the added value of goods and services, since the tax payable on a transaction is calculated after deduction of the tax paid on the previous transaction.
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21 Article 3 thereof defines the concept of normal residence in terms substantially identical to those of Article 7(1) of the directive.
| 0 |
862,399 |
58. It must be recalled that, according to settled case-law, the interpretation which the Court, in the exercise of the jurisdiction conferred on it by Article 267 TFEU, gives to a rule of European Union law clarifies and defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the time of its entry into force. It follows that the rule as thus interpreted may and must be applied by the courts to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing before the courts having jurisdiction an action relating to the application of that rule are satisfied (see, inter alia, Case 24/86 Blaizot and Others [1988] ECR 379, paragraph 27; Case C‑402/03 Skov and Bilka [2006] ECR I‑199, paragraph 50; Case C‑313/05 Brzeziński [2007] ECR I‑513, paragraph 55; and Case C‑263/10 Nisipeanu , judgment of 7 July 2011, paragraph 32).
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97
In accordance with Article 15(2) of the Framework Decision, the executing judicial authority may fix a time limit for the receipt of the supplementary information requested from the issuing judicial authority. That time limit must be adjusted to the particular case, so as to allow to that authority the time required to collect the information, if necessary by seeking assistance to that end from the central authority or one of the central authorities of the issuing Member State, under Article 7 of the Framework Decision. Under Article 15(2) of the Framework Decision, that time limit must however take into account the need to observe the time limits set in Article 17 of that Framework Decision. The issuing judicial authority is obliged to provide that information to the executing judicial authority.
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