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50
As is apparent from the Court’s settled case-law, an international agreement concluded by the European Union constitutes an act of the institutions of the European Union within the meaning of point (b) of the first paragraph of Article 267 TFEU and the provisions of the agreement form an integral part of the legal order of the European Union, from the time it enters into force, with the result that the Court has jurisdiction to give a preliminary ruling on the interpretation of such an agreement (see, inter alia, judgment of 30 April 1974, Haegeman, 181/73, EU:C:1974:41, paragraphs 3 to 6, and of 4 May 2010, TNT Express Nederland, C‑533/08, EU:C:2010:243, paragraph 60 and the case-law cited).
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4 THIS AGREEMENT IS THEREFORE, IN SO FAR AS CONCERNS THE COMMUNITY, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 .
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45. It is nevertheless equally settled case-law that the Court considers that it may, if need be, examine the circumstances in which the case was referred to it by the national court, in order to assess whether it has jurisdiction (Case 244/80 Foglia [1981] ECR 3045, paragraph 21, and Canal Satélite Digital , paragraph 19). The spirit of cooperation which must prevail in preliminary ruling proceedings requires the national court for its part to have regard to the function entrusted to the Court of Justice, which is to contribute to the administration of justice in the Member States and not to give opinions on general or hypothetical questions (see, inter alia , Foglia , cited above, paragraphs 18 and 20; Lourenço Dias , paragraph 17; Bosman , cited above, paragraph 60, and Case C-451/99 Cura Anlagen [2002] ECR I-3193, paragraph 26).
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51 According to the German Government, this refusal is also justified by the advantage which permanent branches enjoy in comparison with resident subsidiaries as regards the transfer of profits to the non-resident dominant or parent company.
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39. In that regard, it should be recalled that a regulation specifying the conditions for classification in a tariff heading or subheading is of a legislative nature and cannot have retroactive effect (Case 158/78 Biegi [1979] ECR 1103, paragraph 11 and Case C-479/99 CBA Computer [2001] ECR I‑4391, paragraph 31). In addition, the Court of Justice may deem it necessary to consider provisions of Community law to which the national court has not referred when formulating its question for a preliminary ruling (see, to that effect, Case 35/85 Tissier [1986] ECR 1207, paragraph 9; Case C-315/88 Bagli Pennacchiotti [1990] ECR I‑1323, paragraph 10; Case C-107/98 Teckal [1999] ECR I‑8121, paragraph 39; and Joined Cases C‑329/06 and C-343/06 Wiedemann and Funk , [2008] ECR I‑0000, paragraph 45).
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19 Although the second alternative leaves it open to the authorities awarding contracts to choose the criteria on which they propose to base their award of the contract, their choice is limited to criteria aimed at identifying the offer which is economically the most advantageous . Indeed, it is only by way of exception that Article 29 ( 4 ) provides that an award may be based on criteria of a different nature "within the framework of rules whose aim is to give preference to certain tenderers by way of aid, on condition that the rules invoked are in conformity with the Treaty, in particular Articles 92 et seq ."
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42 The Community rules and the agreements concluded between the Community, Ukraine and the SEIB provide for a division of powers between the Commission and the agent appointed by Ukraine to arrange the purchase of wheat. It is for that agent - in the present case, Ukrimpex - to select the other contracting party by means of an invitation to tender and to negotiate and conclude the contract. The Commission's role is merely to verify that the conditions for Community financing are fulfilled and, where necessary, to acknowledge, for the purposes of disbursement of the loan, that such contracts are in conformity with the provisions of Decision 91/658 and with the agreements concluded with Ukraine and the SEIB. It is not for the Commission, therefore, to assess the commercial contract with reference to any other criteria.
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26
On the other hand, Article 9(2), second subparagraph, second indent, of Directive 97/67 allows Member States to subject the granting of authorisations to compliance with requirements concerning the quality, availability and performance of the relevant services. Given the lack of precision as to which services this obligation applies to, it should be pointed out, as the Advocate General observed in point 42 of his Opinion, that it is clear from the travaux préparatoires for Directive 2008/6 that the EU legislature intended to remove not only the remaining obstacles to full market opening for certain universal service providers but also all other obstacles to the provision of postal services. Failing any indication to the contrary and taking into account the nature of the obligation at issue, it therefore appears that all postal service providers may be required to fulfil the obligation referred to in Article 9(2), second subparagraph, second indent, of Directive 97/67.
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19. In relation to the freedom of movement for workers, the principle of non-discrimination was implemented by Article 39 EC as well as by secondary legislation, inter alia Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475) (see, inter alia, Commission v Greece , paragraph 12; Gilly , paragraph 38; Case C-138/02 Collins [2004] ECR I-2703, paragraph 55; and Schulz-Delzers and Schulz , paragraph 29 and case-law cited).
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87. Given that access to satellite transmission services such as those at issue in the main proceedings requires possession of such a device whose supply is subject to the contractual limitation that it may be used only in the Member State of broadcast, the national legislation concerned prevents those services from being received by persons resident outside the Member State of broadcast, in this instance those resident in the United Kingdom. Consequently, that legislation has the effect of preventing those persons from gaining access to those services.
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25. According to consistent case-law, it has to be determined whether rectification of the land register, while not formally constituting a procedure which is required before the legal person concerned commences business, is none the less necessary for the carrying‑on of that business (see, in relation to the registration of increases in capital, Case C-188/95 Fantask and Others [1997] ECR I‑6783, paragraph 22, and Case C‑56/98 Modelo (‘Modelo I’) [1999] ECR I‑6427, paragraph 25).
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61 With regard to judicial review of compliance with the abovementioned conditions, in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 to 43 of the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (Fedesa and Others, cited above, paragraph 14, and Crispoltoni, cited above, paragraph 42).
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46. As regards the appellants’ third and fourth grounds of appeal in Case C‑13/13 P, the General Court, in paragraphs 77 to 87 of the judgment under appeal, examined the supposed unusual and special nature of the harm alleged, for the sake of completeness in the event of the principle of EU liability for a lawful act being recognised in EU law (see, to that effect, judgment in Dorsch Consult v Council and Commission , C‑237/98 P, EU:C:2000:321, paragraphs 18 and 19).
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28 It must therefore be concluded that waste, whether recyclable or not, is to be regarded as "goods" the movement of which, in accordance with Article 30 of the Treaty, must in principle not be prevented.
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44
Whilst it is undisputed that Article 191(2) TFEU requires EU policy in environmental matters to aim for a high level of protection, such a level of protection, to be compatible with that provision, does not necessarily have to be the highest that is technically possible. Article 193 TFEU authorises the Member States to maintain or introduce more stringent protective measures (see judgments of 14 July 1998, Safety Hi-Tech, C‑284/95, EU:C:1998:352, paragraph 49, and of 14 July 1998, Bettati, C‑341/95, EU:C:1998:353, paragraph 47).
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69. Il y a lieu de constater que, en incitant les opérateurs économiques désirant commercialiser en Belgique des produits de construction légalement fabriqués et/ou commercialisés dans un autre État membre à obtenir des marques de conformité belges, le Royaume de Belgique a manqué aux obligations qui lui incombent en vertu des articles 28 CE et 30 CE.
Sur les dépens
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52
In particular, as is apparent from the case-law of the Court, that directive seeks to facilitate the involvement of small- and medium-sized undertakings in the public contracts procurement market, as stated in recital 32 of that directive (see, to that effect, judgments of 10 October 2013 in Swm Costruzioni 2 and Mannocchi Luigino, C‑94/12, EU:C:2013:646, paragraph 34, and 7 April 2016 in Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraph 34).
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63. However, there is a difference between resident companies receiving dividends and non-resident companies receiving dividends as regards the ability of those companies to pay dividends to their ultimate shareholders under rules which entitle those shareholders to a tax credit equal to the fraction of the corporation tax paid by the company which made the distributed profits. It is not in dispute that only resident companies may do so.
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39
Second, as regards preventive measures, the Court has already held that the provisions of Article 6(2) of the Habitats Directive make it possible to satisfy the fundamental objective of preservation and protection of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora, and establish a general obligation of protection consisting in avoiding deterioration and disturbance which could have significant effects in the light of the directive’s objectives (judgment of 14 January 2010 in Stadt Papenburg, C‑226/08, EU:C:2010:10, paragraph 49 and the case-law cited).
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39. Le fait que, dans l’affaire ayant donné lieu à l’arrêt Marks & Spencer, précité, le contribuable ne disposait que d’une voie de recours, tandis que, dans l’affaire en cause au principal, le contribuable dispose de deux voies de recours, ne saurait, dans des circonstances telles que celles portées devant la juridiction de renvoi, conduire à un résultat différent.
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52 As regards the principle of non-discrimination on grounds of nationality, it should be recalled that, according to settled case-law, the application of national law cannot be held to be contrary to that principle merely because other Member States allegedly apply less strict rules (see to that effect, in particular, Case 14/68 Wilhelm v Bundeskartellamt [1969] ECR 1, paragraph 13, Case 155/80 Oebel [1981] ECR 1993, paragraph 9, and Case C-379/92 Peralta [1994] ECR I-3453, paragraph 48).
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356. It is not disputed that the economic activities of Aktieselskabet Aalborg Portland-Cement Fabrik in the cement sector were transferred to Aalborg in 1990.
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103. It is also settled case-law that the General Court, in the context of its unlimited jurisdiction, by mechanical recourse to arithmetical formulas based on the turnover alone of the undertaking concerned, divest itself of its own power of assessment as regards the fixing of fines (see, to that effect, inter alia, Mo och Domsjö v Commission , paragraph 47). The fixing of an appropriate fine cannot be the result of a simple arithmetical calculation based on turnover (see, to that effect, Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 121, and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 243).
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24 National legislation such as Article 53a(2) of the GewO, which provides that bakers, butchers and grocers may not make sales on rounds in a given administrative district, such as an Austrian Verwaltungsbezirk, unless they also carry on their trade at a permanent establishment situated in that administrative district or in an adjacent municipality, where they also offer for sale the same goods as they do on their rounds, relates to the selling arrangements for certain goods in that it lays down the geographical areas in which each of the operators concerned may sell his goods by that method.
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50. In that context, it should be noted that, also according to settled case-law, for the purpose of categorising a national measure as State aid, it is not necessary to demonstrate that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (Case C-222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I‑289, paragraph 140 and the case-law cited).
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26 L' ARTICLE 95 NE PEUT PAS ETRE INTERPRETE DANS UN SENS CONTRAIRE AU BUT CI-DESSUS INDIQUE . EN EFFET, AUX TERMES DE L' ARTICLE 9, ALINEA 1, DU TRAITE, LA COMMUNAUTE EST FONDEE SUR UNE UNION DOUANIERE QUI S' ETEND A L' ENSEMBLE DES ECHANGES DE MARCHANDISES ET QUI COMPORTE L' ADOPTION D' UN TARIF DOUANIER COMMUN . AINSI QUE LA COUR L' A RAPPELE DANS SON ARRET DU 15 DECEMBRE 1976 ( DONCKERWOLCKE, 41/76, REC . P.*1921 ), AUX TERMES DU PARAGRAPHE 2 DE L' ARTICLE 9, LES MESURES PREVUES POUR LA LIBERATION DES ECHANGES ENTRE ETATS MEMBRES S' APPLIQUENT DE MANIERE IDENTIQUE TANT AUX PRODUITS ORIGINAIRES DES ETATS MEMBRES QU' AUX PRODUITS QUI SE TROUVENT EN LIBRE PRATIQUE DANS LA COMMUNAUTE CONFORMEMENT AUX EXIGENCES POSEES PAR L' ARTICLE 10 . A CET EGARD, LA COUR A PRECISE QUE, POUR CE QUI CONCERNE LA LIBRE CIRCULATION DES MARCHANDISES A L' INTERIEUR DE LA COMMUNAUTE, LES PRODUITS BENEFICIANT DE LA LIBRE PRATIQUE SONT DEFINITIVEMENT ET TOTALEMENT ASSIMILES AUX PRODUITS ORIGINAIRES DES ETATS MEMBRES .
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29. It follows that questions concerning European Union law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36, and Case C‑509/10 Geistbeck [2012] ECR I‑0000, paragraph 48).
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68 FURTHERMORE THE SYSTEM DESCRIBED ABOVE HAS SUBSTANTIALLY REDUCED THE OPPORTUNITIES AVAILABLE TO THE PARTIES CONCERNED TO NEGOTIATE A PRICE WHICH WOULD HAVE RESULTED FROM THE FREE MARKET FORCES OF SUPPLY AND DEMAND .
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48. Moreover, according to Paragraph 176 of SGB VII, employers’ liability insurance associations are under an obligation to apportion any excess costs amongst themselves where the expenditure of one association significantly exceeds the average expenditure of all the associations. It follows that the principle of solidarity is thus also applied amongst all branches of industry at the level of the country as a whole, with different employers’ liability insurance associations being grouped together in a risk community, which enables them to effect an equalisation of costs and risks between them (see, by analogy, Joined Cases C‑159/91 and C‑160/91 Poucet and Pistre [1993] ECR I‑637, paragraph 12, and AOK Bundesverband, paragraph 53).
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86. For it to be found that an abusive practice exists, it is necessary, first, that the transactions concerned, notwithstanding formal application of the conditions laid down by the relevant provisions of the Sixth Directive and of national legislation transposing it, result in the accrual of a tax advantage the grant of which would be contrary to the purpose of those provisions. Second, it must also be apparent from a number of objective factors that the essential aim of the transactions concerned is to obtain a tax advantage.
Question 1(b)
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52
In that regard, it suffices to note, as the Advocate General observed in points 58 and 59 of his opinion, that while it is true that the Court held in its judgment of 5 March 2015, Copydan Båndkopi (C‑463/12, EU:C:2015:144, paragraph 55) that EU law does not preclude a system of fair compensation which provides for a right to reimbursement of the private copying levy for the final user of the devices or media subject to the levy, it observed that such a system is compatible with EU law only if the persons responsible for payment are exempt, in accordance with EU law, from payment of that levy if they establish that they have supplied the devices and media in question to persons other than natural persons for purposes clearly unrelated to private copying.
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39 Acceptance of certificates by the customs authorities of the importing State reflects their total confidence in the system of checking the origin of products as implemented by the competent authorities of the exporting State. It also shows that the importing State is in no doubt that subsequent verification, consultation and settlement of any disputes in respect of the origin of products or the existence of fraud will be carried out efficiently with the cooperation of the authorities concerned.
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10IN PARAGRAPH 15 OF THE DECISION IN THAT CASE IT WAS ALSO HELD THAT BENEFITS IN KIND FOR WHICH THE WORKER IS AUTHORIZED TO GO TO ANOTHER MEMBER STATE ' ' COVER ALL TREATMENT CALCULATED TO BE EFFECTIVE FOR THE SICKNESS OR DISEASE FROM WHICH THE PERSON CONCERNED SUFFERS ' ' , AND IN PARAGRAPH 16 IT WAS HELD TO FOLLOW THAT , ' ' IN THOSE CIRCUMSTANCES IT IS OF LITTLE IMPORTANCE WHETHER THE BENEFIT IN KIND WHICH THE WORKER REQUIRES CAN BE PROVIDED ON THE TERRITORY OF THE MEMBER STATE WHERE HE RESIDES SINCE THE MERE FACT THAT THAT BENEFIT CORRESPONDS TO TREATMENT MORE APPROPRIATE TO THE STATE OF HEALTH OF THE PERSON CONCERNED IS DECISIVE FOR THE PURPOSE OF ISSUING THE AUTHORIZATION REFERRED TO IN THE ABOVE-MENTIONED PARAGRAPH ( 1 ) ( C ) ' ' . IN SETTING A LIMIT TO THE COMPETENT INSTITUTION ' S POWER OF DECISION IN THIS AREA , PARAGRAPH 17 OF THE SAID DECISION IMPLICITLY ACKNOWLEDGES THAT IT IS FOR THAT INSTITUTION OBJECTIVELY TO ASSESS THE MEDICAL GROUNDS FOR GRANTING OR REFUSING THE AUTHORIZATION REQUIRED UNDER ARTICLE 22 ( 1 ) ( C ), HAVING REGARD INTER ALIA TO THE STATE OF HEALTH OF THE PERSON CONCERNED , THE SERIOUSNESS OF HIS SICKNESS OR DISEASE AND THE EFFECTIVENESS OF THE TREATMENT IN QUESTION .
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Par ailleurs, il appartient à la Cour de constater si le manquement reproché existe ou non, même dans la mesure où l’État
concerné ne conteste pas le manquement (voir, notamment, arrêt Commission/Allemagne, C‑43/05, EU:C:2006:145, point 11).
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35
In that regard, it must be noted that the principle of equal treatment laid down in both Article 45 TFEU and in Article 7 of Regulation No 492/2011 prohibits not only direct discrimination on the ground of nationality but also all indirect forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result (see, to that effect, judgment of 14 December 2016, Bragança Linares Verruga and Others, C‑238/15, EU:C:2016:949, paragraph 41 and the case-law cited).
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321. In any event, the existence, within that United Nations system, of the re-examination procedure before the Sanctions Committee, even having regard to the amendments recently made to it, cannot give rise to generalised immunity from jurisdiction within the internal legal order of the Community.
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25. First of all, the concept of ‘communication’ must be construed as referring to any transmission of the protected works, irrespective of the technical means or process used (Joined Cases C‑403/08 and C‑429/08 Football Association Premier League and Others [2011] ECR I‑9083, paragraph 193).
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Selon une jurisprudence bien établie, la motivation des actes des institutions de l’Union exigée à l’article 296 TFUE doit
être adaptée à la nature de l’acte en cause et doit faire apparaître de façon claire et non équivoque le raisonnement de l’institution,
auteur de l’acte, de manière à permettre aux intéressés de connaître les justifications de la mesure prise et à la juridiction
compétente d’exercer son contrôle. L’exigence de motivation doit être appréciée en fonction de toutes les circonstances de
l’espèce, notamment du contenu de l’acte, de la nature des motifs invoqués et de l’intérêt que les destinataires de l’acte
ou d’autres personnes concernées directement et individuellement par celui-ci peuvent avoir à recevoir des explications. Il
n’est pas exigé que la motivation spécifie tous les éléments de fait et de droit pertinents, dans la mesure où la question
de savoir si la motivation d’un acte satisfait aux exigences de l’article 296 TFUE doit être appréciée au regard non seulement
de son libellé, mais aussi de son contexte ainsi que de l’ensemble des règles juridiques régissant la matière concernée (arrêts
Commission/Sytraval et Brink’s France, C-367/95 P, EU:C:1998:154, point 63, ainsi que Nexans et Nexans France/Commission,
C‑37/13 P, EU:C:2014:2030, points 31 et 32 et jurisprudence citée).
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25 Having regard to similar circumstances, in paragraphs 43 and 25 respectively of Dorsch Consult and Tögel, cited above, the Court stated that the Member States' obligation arising from a directive to achieve the result prescribed by the directive and their duty under Article 5 of the EC Treaty to take all appropriate measures, whether general or particular, to ensure fulfilment of that obligation is binding on all the authorities of Member States, including, for matters within their jurisdiction, the courts. It followed that, when applying national law, whether adopted before or after the directive, the national court having to interpret that law must do so, as far as possible, in the light of the wording and purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty (see the judgments in Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8; Case C-334/92 Wagner Miret [1993] ECR I-6911, paragraph 20; and in Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26).
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34 SFI also argues that the position of the Belgian authorities is a source of legal uncertainty.
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52. As the Court noted in Case C-351/08 Grimme [2009] ECR I‑10777, paragraphs 26 and 27, the EC-Switzerland Agreement on the Free Movement of Persons is one of a series of seven sectoral agreements between the same contracting parties, which were signed on 21 June 1999. They were signed after the Swiss Confederation’s rejection of the EEA Agreement on 6 December 1992.
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27. Those agreements were signed after the rejection by the Swiss Confederation, on 6 December 1992, of the Agreement on the European Economic Area (EEA). The Swiss Confederation, by its refusal, did not subscribe to the project of an economically integrated entity with a single market, based on common rules between its members, but chose the route of bilateral arrangements between the Community and its Member States in specific areas. Therefore, the Swiss Confederation did not join the internal market of the Community the aim of which is the removal of all obstacles to create an area of total freedom of movement analogous to that provided by a national market, which includes inter alia the freedom to provide services and the freedom of establishment.
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50. An agreement, decision or concerted practice extending over the whole of the territory of a Member State has, by its very nature, the effect of reinforcing the partitioning of markets on a national basis, thereby holding up the economic interpenetration which the Treaty is designed to bring about (Case C‑35/96 Commission v Italy [1998] ECR I‑3851, paragraph 48, and Manfredi and Others , paragraph 45).
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39. That argument must be applied to a body governed by public law which acts as a public authority at the time when it purchases capital goods. Since that body did not at that time act as a taxable person it does not have, in the same way as an individual acting in furtherance of his own needs, any right to deduct the VAT paid by it in respect of those goods.
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45. The first point to be noted here is that in the procedure laid down by Article 234 EC providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. In addition, it is to be borne in mind that the Court has a duty to interpret all provisions of Community law necessary to national courts in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (Case C-280/91 Viessmann [1993] ECR I-971, paragraph 17; Case C-42/96 Immobiliare SIF [1997] ECR I-7089, paragraph 28, and Case C‑45/06 Campina [2007] ECR I-2089, paragraphs 30 and 31).
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19 Since some governments argue that lotteries are not "economic activities" within the meaning of the Treaty, it must be made clear that the importation of goods or the provision of services for remuneration (see on the latter point the judgments in Case 13/76 Donà v Mantero [1976] ECR 1333, at paragraph 12, and Case 196/87 Steymann v Staatssecretaris van Justitie [1988] ECR 6159, at paragraph 10) are to be regarded as "economic activities" within the meaning of the Treaty.
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35. In that regard, according to the case‑law, Article 43 EC precludes any national measure which, even if applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by European Union nationals of the freedom of establishment guaranteed by the Treaty, and such restrictive effects may arise where, on account of national legislation, a company may be deterred from setting up subsidiary entities, such as permanent establishments, in other Member States and from carrying on its activities through such entities (see, inter alia, Attanasio Group , paragraphs 43 and 44 and the case‑law cited, and Case C‑148/10 DHL International [2011] ECR I‑9543, paragraph 60).
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48. That being so, the purpose of the simplified declaration being to ensure payment of the debt corresponding to the excise duty, that formality thus relates to the event giving rise to the excise duty. Under that interpretation, the duty will be owing, as provided for by Article 80(3)(3) of the 2004 Law, as from the time of acquisition of the right to use the passenger vehicle as owner and, at the latest, as from the time of its registration in Poland in accordance with the road traffic provisions.
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49 Finally, a national court may have cause to interpret the concept of aid contained in Article 92 of the Treaty in order to determine whether a State measure introduced without observance of the preliminary examination procedure provided for in Article 93(3) ought to have been subject to that procedure (Case 78/76 Steinike und Weinlig v Germany [1977] ECR 595, paragraph 14, and Case C-189/91 Kirsammer-Hack v Sidal [1993] ECR I-6185, paragraph 14).
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45. Therefore, every official has a right to have his work recognised by means of an appraisal carried out in a just and equitable manner. Consequently, in accordance with the right to effective judicial protection, officials must in any event be acknowledged as having the right to challenge their CDR on account of its content or because it has not been drawn up in accordance with the rules laid down by the Staff Regulations.
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36. Il convient de rappeler que, conformément aux articles 256, paragraphe 1, TFUE et 58, premier alinéa, du statut de la Cour de justice de l’Union européenne, le pourvoi est limité aux questions de droit. Le Tribunal est dès lors seul compétent pour constater et apprécier les faits pertinents ainsi que pour apprécier les éléments de preuve. L’appréciation de ces faits et de ces éléments de preuve ne constitue donc pas, sous réserve de leur dénaturation, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, notamment, arrêts du 18 juillet 2006, Rossi/OHMI, C‑214/05 P, Rec. p. I‑7057, point 26; Les Éditions Albert René/OHMI, précité, point 68, et du 2 septembre 2010, Calvin Klein Trademark Trust/OHMI, C‑254/09 P, non encore publié au Recueil, point 49).
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42 Admittedly, as the Swedish Government has pointed out, Regulation No 1408/71 does not expressly cover family situations following a divorce. However, contrary to that Government's argument, there is nothing to justify the exclusion of such situations from the scope of Regulation No 1408/71.
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80. Thus, unlike other fundamental rights enshrined in that Convention, such as the right to life or the prohibition of torture and inhuman or degrading treatment or punishment, which admit of no restriction, neither the freedom of expression nor the freedom of assembly guaranteed by the ECHR appears to be absolute but must be viewed in relation to its social purpose. Consequently, the exercise of those rights may be restricted, provided that the restrictions in fact correspond to objectives of general interest and do not, taking account of the aim of the restrictions, constitute disproportionate and unacceptable interference, impairing the very substance of the rights guaranteed (see, to that effect, Case C-62/90 Commission vGermany [1992] ECR I-2575, paragraph 23, and Case C-404/92 P X v Commission [1994] ECR I-4737, paragraph 18).
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51. Cet objectif, ainsi que la Cour l’a déjà souligné, a notamment pour objet de sauvegarder la symétrie entre le droit d’imposition des bénéfices et la faculté de déduction des pertes (voir arrêts précités Lidl Belgium, point 33, et Philips Electronics UK, point 24), en particulier afin de prévenir que le contribuable choisisse librement l’État membre où faire valoir de tels bénéfices ou de telles pertes (voir, en ce sens, arrêts précités Oy AA, point 56, et Lidl Belgium, point 34).
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111
Such an interpretation, which failed to take account of the subjective conditions laid down in the third indent of Article 203(3) of the Customs Code, is not consistent either with the intention of the EU legislature, referred to in paragraph 95 above, to lay down exhaustively the conditions for determining who are the debtors responsible for the customs debt, or with the very letter and purpose of that provision (see, by analogy, judgment of 23 September 2004, Spedition Ulustrans, C‑414/02, EU:C:2004:551, paragraphs 39, 40 and 42).
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46 A procedure simply involving a declaration does not, therefore, in itself enable the aim pursued to be achieved in the context of a procedure for prior authorisation. In order to ensure that the land is used in accordance with its intended purpose, as it appears from the national legislation in force, Member States must also be able to take measures where a breach of the agreed declaration is duly established after the property has been acquired.
| 0 |
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22. The Court may of its own motion, on a proposal from the Advocate General or at the request of the parties order the reopening of the oral procedure, in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see Joined Cases C-270/97 and C‑271/97 Deutsche Post [2000] ECR I-929, paragraph 30, Case C-309/99 Wouters and Others [2002] ECR I-1577, paragraph 42, Case C-299/99 Philips [2002] ECR I-5475, paragraph 20, and Case C-273/00 Sieckmann [2002] ECR I-11737, paragraph 22).
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35
It follows from the foregoing considerations, first, that the scope of the concept of ‘use of vehicles’ does not depend on the characteristics of the terrain on which the motor vehicle is used.
| 0 |
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61. However, while it is true that transposing a directive into national law does not require the provisions of the directive to be formally enacted in an express and specific legal provision, since the general legal context may be sufficient for its implementation, depending on its content (see, in particular, Case 29/84 Commission v Germany [1985] ECR 1661, paragraphs 22 and 23; Case C‑217/97 Commission v Germany [1999] ECR I‑5087, paragraphs 31 and 32; and Case C‑233/00 Commission v France [2003] ECR I‑6625, paragraph 76), it should be noted that by specifying in indent (a) of the first subparagraph of Article 4(2) of Directive 2003/4 that the protection of the confidentiality of public proceedings must be ‘provided for by law’, a condition which corresponds to the requirement laid down in Article 4(4) of the Aarhus Convention that the confidentiality of proceedings must be ‘provided for under national law’, the European Union legislature clearly wanted an express provision to exist in national law with a precisely defined scope, and not merely a general legal context.
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12 A COMPARISON OF THE WORDING USED IN THE SIX OFFICIAL LANGUAGES HAS SHOWN UP VARIATIONS IN THE VERSIONS IN THE DIFFERENT LANGUAGES OF ARTICLE 9 BOTH AS TO THE DISTINCTION BETWEEN VOLUNTARY AND OPTIONAL INSURANCE AND AS TO THE CONCEPT OF CONTINUED INSURANCE .
| 0 |
863,230 |
146. However, such a question is purely hypothetical and therefore inadmissible (see Joined Cases C‑188/10 and C‑189/10 Melki and Abdeli [2010] ECR I‑0000, paragraph 27 and the case‑law cited).
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29. Interest on arrears is thus intended to offset the consequences arising as a result of the payment not having been made by the deadline set and, in particular, to prevent the person who owes the customs debt from taking unfair advantage of the fact that the amounts owing by way of customs debt remain available to him beyond the deadline set for its settlement. It is against that background that Article 232(1)(b) of the Customs Code provides that the rate of interest on arrears cannot be lower than the rate of credit interest.
| 0 |
863,231 |
22
In that connection, the Court has explained that, since that system enables the persons responsible for payment to pass on the amount of the private copying levy in the price charged for making the reproduction equipment, devices and media available, or in the price for the copying service supplied, the burden of the levy will ultimately be borne by the private user who pays that price, in a way consistent with the ‘fair balance’ between the interests of the holders of the exclusive right of reproduction and those of the users of the protected subject matter (see judgments of 16 June 2011 in Stichting de Thuiskopie, C‑462/09, EU:C:2011:397, paragraph 28, and 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraph 25).
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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 |
863,232 |
75 In that regard, it must be observed that access to the file in competition cases is intended in particular to enable the addressees of statements of objections to acquaint themselves with the evidence in the Commission's file so that on the basis of that evidence they can express their views effectively on the conclusions reached by the Commission in its statement of objections (Michelin v Commission, cited above, paragraph 7; Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 9 and 11; Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 21; and Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 89).
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53. Such requirements risk placing at a disadvantage primarily nationals of other Member States. Both the condition requiring an applicant for that assistance to be settled in the United Kingdom and that requiring him to have resided there prior to his studies are likely to be more easily satisfied by United Kingdom nationals.
| 0 |
863,233 |
63
In the light of those circumstances, the Court held that it follows from the requirements of legal certainty that it is not possible for a recipient of aid, who could have contested the Commission’s decision relating to that aid and who has allowed the mandatory time limit laid down in that regard by the provisions of the Treaty to expire, to call in question the lawfulness of that decision before the national courts in an action brought against the measures taken by the national authorities to implement that decision (see, to that effect, judgment of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 12 and 17).
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12 The question submitted to the Court must be answered in the light of those circumstances.
| 1 |
863,234 |
54. Furthermore, under Article 51(1) of the Charter, which governs its field of application, the provisions of the Charter are addressed to the Member States only when they are implementing EU law. That provision confirms the Court’s settled case-law, according to which the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but cannot be applied outside such situations. Where a legal situation does not come within the scope of EU law, the Court does not have jurisdiction to rule on it and any provisions of the Charter relied upon cannot, of themselves, form the basis for such jurisdiction (see, to that effect, Case C‑617/10 Åkerberg Fransson EU:C:2013:105, paragraphs 17, 19 and 22, and the order in Case C‑258/13 Sociedade Agrícola e Imobiliária da Quinta de S. Paio EU:C:2013:810, paragraphs 18 to 20).
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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 |
863,235 |
65. While it is apparent from the above that such legislation is generally capable of attaining the objective of public health protection, it is also essential that that legislation pursues that objective consistently. According to the Court’s case-law, national legislation is appropriate for ensuring attainment of the objective relied upon only if it genuinely reflects a concern to attain that objective in a consistent and systematic manner (see, to that effect, judgments in Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 94; Ottica New Line di Accardi Vincenzo , C‑539/11, EU:C:2013:591, paragraph 47; and Sokoll-Seebacher , C‑367/12, EU:C:2014:68, paragraph 39).
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56. Regulations Nos 45/2001 and 1049/2001 were adopted on dates very close to each other. They do not contain any provisions granting one regulation primacy over the other. In principle, their full application should be ensured.
| 0 |
863,236 |
73. On the other hand, advantages resulting from a general measure applicable without distinction to all economic operators do not constitute State aid within the meaning of Article 87 EC (see, to that effect, Case C‑156/98 Germany v Commission [2000] ECR I‑6857, paragraph 22, and Joined Cases C‑393/04 and C‑41/05 Air Liquide Industries Belgium [2006] ECR I‑5293, paragraph 32 and the case-law cited).
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30. Both the unicity of the Community customs territory and the uniformity of the common commercial policy would be seriously undermined if the Member States were authorised unilaterally to impose charges having equivalent effect to customs duties on imports from non-member countries (see, to that effect, Aprile , paragraph 34).
| 0 |
863,237 |
31 According to settled case-law, the aim of Article 93(3) of the Treaty is to prevent implementation of aid contrary to the Treaty (Case 120/73 Lorenz v Germany [1973] ECR 1471, point 4). The Court has further stressed on several occasions that the final sentence of Article 93(3) is the means of safeguarding the machinery for review laid down by that article which, in turn, is essential to ensure the proper functioning of the common market. It follows from that case-law that, even if the Member State takes the view that the aid measure is compatible with the common market, that fact cannot entitle it to defy the clear provisions of Article 93 of the Treaty (see orders in Cases 31/77 R and 53/77 R Commission v United Kingdom [1977] ECR 921, paragraphs 17 and 18, and Case 171/83 R Commission v France [1983] ECR 2621, paragraph 12).
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4 ACCORDING TO THE LAST SENTENCE OF ARTICLE 93 THE MEMBER STATE SHALL NOT PUT ITS PROPOSED MEASURES INTO EFFECT UNTIL THIS PROCEDURE HAS RESULTED IN A FINAL DECISION .
THE OBJECTIVE PURSUED BY ARTICLE 93 ( 3 ), WHICH IS TO PREVENT THE IMPLEMENTATION OF AID CONTRARY TO THE TREATY, IMPLIES THAT THIS PROHIBITION IS EFFECTIVE DURING THE WHOLE OF THE PRELIMINARY PERIOD .
WHILE THIS PERIOD MUST ALLOW THE COMMISSION SUFFICIENT TIME, THIS LATTER MUST, HOWEVER, ACT DILIGENTLY AND TAKE ACCOUNT OF THE INTEREST OF MEMBER STATES OF BEING INFORMED OF THE POSITION QUICKLY IN SPHERES WHERE THE NECESSITY TO INTERVENE CAN BE OF AN URGENT NATURE BY REASON OF THE EFFECT THAT THESE MEMBER STATES EXPECT FROM THE PROPOSED MEASURES OF ENCOURAGEMENT .
IN THE ABSENCE OF ANY REGULATION SPECIFYING THIS PERIOD, THE MEMBER STATES CANNOT UNILATERALLY TERMINATE THIS PRELIMINARY PERIOD WHICH IS NECESSARY FOR THE COMMISSION TO FULFIL ITS ROLE .
THE LATTER, HOWEVER, COULD NOT BE REGARDED AS ACTING WITH PROPER DILIGENCE IF IT OMITTED TO DEFINE ITS ATTITUDE WITHIN A REASONABLE PERIOD .
IT IS APPROPRIATE IN THIS RESPECT TO BE GUIDED BY ARTICLES 173 AND 175 OF THE TREATY WHICH, IN DEALING WITH COMPARABLE SITUATIONS, PROVIDE FOR A PERIOD OF TWO MONTHS .
WHEN THIS PERIOD HAS EXPIRED, THE MEMBER STATE CONCERNED MAY IMPLEMENT THE PLAN, BUT THE REQUIREMENTS OF LEGAL CERTAINTY INVOLVE THAT PRIOR NOTICE SHOULD BE GIVEN TO THE COMMISSION .
| 1 |
863,238 |
35 Second, the Court stated that, in order to determine whether that entitlement was to be accorded to trainee doctors, it was for the referring court to ascertain whether they belonged to the category of doctors on one of the specialist training courses specified in Article 5 or Article 7 of the recognition directive (Carbonari, paragraphs 27 and 28) and whether that training was carried out in accordance with the requirements of the coordination directive, as amended by Directive 82/76 (Carbonari, paragraphs 33 and 34).
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130. D’autre part, il convient de constater que, ce faisant, le Tribunal a en réalité simplement considéré que la motivation énoncée par la Commission afin de justifier son choix de retenir une proportion de 17 % de la valeur des ventes aux fins de déterminer le montant de base de l’amende était, au vu des circonstances de l’espèce, suffisante. En effet, il résulte d’une jurisprudence constante que l’exigence de motivation imposée par l’article 253 CE dépend notamment de l’intérêt que le destinataire de l’acte en cause peut avoir à recevoir des explications (voir, en ce sens, arrêt du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, Rec. p. I‑8947, point 150 et jurisprudence citée).
| 0 |
863,239 |
52. Aux fins de satisfaire à cet objectif, les périodes équivalentes de repos compensateur, au sens de l’article 17, paragraphe 2, de la directive 2003/88, doivent succéder immédiatement au temps de travail qu’elles sont censées compenser, afin d’éviter la survenance d’un état de fatigue ou de surmenage du travailleur en raison de l’accumulation de périodes de travail consécutives (voir, en ce sens, arrêt Jaeger, C‑151/02, EU:C:2003:437, points 94 et 95).
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95. In order to ensure the effective protection of the safety and health of the worker provision must as a general rule be made for a period of work regularly to alternate with a rest period. In order to be able to rest effectively, the worker must be able to remove himself from his working environment for a specific number of hours which must not only be consecutive but must also directly follow a period of work in order to enable him to relax and dispel the fatigue caused by the performance of his duties. That requirement appears all the more necessary where, by way of exception to the general rule, normal daily working time is extended by completion of a period of on-call duty.
| 1 |
863,240 |
20 It must be borne in mind from the outset that, as has consistently been held, one and the same levy cannot at the same time fall within the class of charges having an effect equivalent to a customs duty, referred to in Articles 9 and 12, and within that of internal taxes, referred to in Article 95 of the Treaty (Case 193/85 Co-Frutta v Amministrazione delle Finanze dello Stato [1987] ECR 2085, paragraphs 8 to 11). The essential feature of a charge having an effect equivalent to a customs duty which distinguishes it from an internal tax resides in the fact that the former is borne solely by an imported product as such whilst the latter is borne both by imported and domestic products, applying systematically to categories of products in accordance with objective criteria irrespective of the origin of the products (Case 90/79 Commission v France [1981] ECR 283, paragraphs 12 to 14).
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17. It must be recalled at the outset that, within the framework of the VAT system, taxable transactions presuppose the existence of a transaction between the parties in which a price or consideration is stipulated. Thus, where a person’s activity consists exclusively in providing services for no direct consideration, there is no basis of assessment and the services are therefore not subject to VAT (see Case C‑246/08 Commission v Finland [2009] ECR I‑10605, paragraph 43).
| 0 |
863,241 |
43. Regulation No 883/2004 does not set up a common scheme of social security, but allows different national social security schemes to exist and its sole objective is to ensure the coordination of those schemes. It thus allows different schemes to continue to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by EU law (Case C‑331/06 Chuck [2008] ECR I‑1957, paragraph 27, and Dumont de Chassart , paragraph 40).
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45 IT FOLLOWS THAT AIR TRANSPORT REMAINS , ON THE SAME BASIS AS THE OTHER MODES OF TRANSPORT , SUBJECT TO THE GENERAL RULES OF THE TREATY , INCLUDING THE COMPETITION RULES .
D - CONSEQUENCES IN THE AIR TRANSPORT SECTOR OF THE ABSENCE OF RULES IMPLEMENTING ARTICLES 85 AND 86
| 0 |
863,242 |
39. Moreover, it is settled case-law that the right to deduct can be exercised only in respect of taxes actually due, that is to say, the taxes corresponding to a transaction subject to VAT or paid in so far as they were due (Case C-342/87 Genius Holding [1989] ECR 4227, paragraph 13, and Case C-454/98 Schmeink & Cofreth and Strobel [2000] ECR I‑6973, paragraph 53).
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40 It follows that all the international commitments challenged in the principal claim must be assessed in relation to the provisions of Community law cited by the Commission in support of that claim which were in force at the time when those commitments were entered into or confirmed, namely in 1995 in any event.
| 0 |
863,243 |
54. As far as the obligations referred to in paragraph 52 above are concerned, the Court held, in paragraphs 53 to 55 of the judgment in Commission v Belgium (EU:C:2007:405), that, as regards the payment of an annual tax on insurance contracts concluded with an insurer which is not established in Belgium, it follows from the fact that the insured is personally liable for that tax under national law that Belgian law contains measures capable of fulfilling the objective of ensuring payment of the tax that are less prejudicial to the freedom to provide services than the obligation to appoint a representative residing in Belgium.
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14 The rules on special and exclusive jurisdiction and those relating to prorogation of jurisdiction thus derogate from the general principle, set out in the first paragraph of Article 2 of the Convention, that the courts of the Contracting State in which the defendant is domiciled are to have jurisdiction. That jurisdictional rule is a general principle because it makes it easier, in principle, for a defendant to defend himself. Consequently, the jurisdictional rules which derogate from that general principle must not lead to an interpretation going beyond the situations envisaged by the Convention.
| 0 |
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13 Second, the two interpretations mentioned in paragraph 9 above are both capable of leading to consequences which are unsatisfactory and contrary to the aims of the Brussels Convention as set out in its preamble, which are, in particular, to facilitate reciprocal recognition and enforcement of judgments of courts and tribunals and to strengthen the legal protection of persons established in the Community. With respect more particularly to Article 21, the Court has repeatedly observed that that provision, together with Article 22 on related actions, is contained in Section 8 of Title II of the Brussels Convention, a section which is intended, in the interests of the proper administration of justice within the Community, to prevent parallel proceedings before the courts of different Contracting States and to avoid conflicts between decisions which might arise therefrom. Those rules are therefore designed to preclude, in so far as possible and from the outset, a situation such as that referred to in Article 27(3), namely the non-recognition of a judgment on account of its irreconcilability with a judgment given between the same parties in the State addressed (see Case 144/86 Gubisch Maschinenfabrik v Palumbo [1987] ECR 4861, paragraph 8, and Case C-351/89 Overseas Union Insurance and Others v New Hampshire Insurance [1991] ECR I-3317, paragraph 16).
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65. Thus, when requesting information, the Commission may not compel an undertaking to provide it with answers which might involve an admission on its part of the existence of an infringement which it is incumbent upon the Commission to prove (see Orkem v Commission , cited above, paragraph 35).
| 0 |
863,245 |
51. Thus the position of the tax authority cannot be compared with that of a taxable person ( SFI , paragraph 32). As the Court has already held, the fact that a limitation period begins to run as regards the tax authority at a date subsequent to the date from which the limitation period applicable to the right to deduct of a taxable person begins to run is not such as to infringe the principle of equality (see, to that effect, SFI , paragraph 33).
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26 However, Article 9 of the Directive indicates that damage must cover both damage resulting from death or from personal injuries and damage to, or destruction of, an item of property. In the latter case, the damage must be of an amount exceeding EUR 500 whilst the item damaged must be of a type ordinarily intended for private use or consumption and must have been used as such by the injured person.
| 0 |
863,246 |
32. On the other hand, only State aid within the meaning of Article 92(1) of the Treaty is subject to the notification procedure laid down in Article 93(3) of the Treaty (Joined Cases 91/83 and 127/83 Heineken Brouwerijen [1984] ECR 3435, paragraph 11). Pursuant to Article 92(1) of the Treaty, for a measure to be classified as State aid it must, inter alia, be liable to affect trade between Member States (see, to that effect, Case C‑280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, paragraphs 74 and 75, and Case C‑172/03 Heiser [2005] ECR I‑0000, paragraph 27).
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66. Au rang de ces droits fondamentaux figurent, notamment, le respect des droits de la défense et le droit à une protection juridictionnelle effective (voir arrêt Kadi II, point 98).
| 0 |
863,247 |
47. To give a useful answer to that question, it should be stated at the outset that there is no dispute that, first, like Article 6(1) and the second paragraph of Article 7 of Decision No 1/80, the first paragraph of Article 7 has direct effect in the Member States, with the result that Turkish nationals fulfilling the conditions which it lays down may directly rely on the rights it confers on them (see, inter alia, Torun , paragraph 19) and that, second, the rights granted by the first paragraph of Article 7 to the child of a Turkish worker with regard to employment in the Member State concerned necessarily imply the existence of a concomitant right of residence for that child, without which the right of access to the employment market and actually to take up paid employment would be rendered totally ineffective (see, inter alia, Case C-467/02 Cetinkaya [2004] ECR I-10895, paragraph 31).
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26. Les articles 1 er des huitième et treizième directives précisent ces notions d’«assujetti qui n’est pas établi à l’intérieur du pays» ou respectivement d’«assujetti qui n’est pas établi sur le territoire de la Communauté» et déterminent ainsi leur champ d’application.
| 0 |
863,248 |
31. Afin que ledit ensemble contractuel puisse être qualifié de concession de services, encore faut-il, en troisième lieu, et conformément à une jurisprudence constante, que le concessionnaire du service prenne en charge le risque lié à l’exploitation des services en question (voir, en ce sens, arrêt Eurawasser, C-206/08, EU:C:2009:540, point 59).
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19 Furthermore, the very wording of Article 54(3)(g) of the Treaty refers to the need to protect the interests of `others' generally, without distinguishing or excluding any categories falling within the ambit of that term.
| 0 |
863,249 |
26. Those two arguments must be rejected. It is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law or the assessment of the validity of a Community rule that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Case C-379/98 PreussenElektra [2001] ECR I‑2099, paragraphs 38 and 39).
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40
Il ne ressort ni des termes ni des objectifs de la directive 2009/103 que celle-ci vise à établir des règles de conflits de lois.
| 0 |
863,250 |
57
It must also be made clear, first, that it is required not that the situations be identical, but only that they be comparable and, secondly, that the assessment of that comparability must be carried out not in a global and abstract manner, but in a specific and concrete manner in the light of the objective and of the aim of the national legislation creating the distinction at issue (see, to that effect, judgments of 10 May 2011, Römer, C‑147/08, EU:C:2011:286, paragraph 42; of 12 December 2013, Hay, C‑267/12, EU:C:2013:823, paragraph 33; of 15 May 2014, Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 67; and of 1 October 2015, O, C‑432/14, EU:C:2015:643, paragraph 32).
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60. Nevertheless, as Article 30 EC provides, the provisions of Articles 28 EC and 29 EC do not preclude prohibitions or restrictions on imports, exports or goods in transit justified inter alia on grounds of protection of the health and life of humans.
| 0 |
863,251 |
107. As regards hospital medical services, the Court has already made the following observations in paragraphs 76 to 80 of Smits and Peerbooms .
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20 According to the case-law of the Court, Community law cannot be relied on for abusive or fraudulent ends (see, in particular, regarding freedom to supply services, Case 33/74 Van Binsbergen v Bedrijfsvereniging Metaalnijverheid [1974] ECR 1299, paragraph 13, and Case C-23/93 TV 10 v Commissariaat voor de Media [1994] ECR I-4795, paragraph 21; regarding the free movement of goods, Case 229/83 Leclerc and Others v `Au Blé Vert' and Others [1985] ECR 1, paragraph 27; regarding freedom of movement for workers, Case 39/86 Lair v Universität Hannover [1988] ECR 3161, paragraph 43; regarding the common agricultural policy, Case C-8/92 General Milk Products v Hauptzollamt Hamburg-Jonas [1993] ECR I-779, paragraph 21; and regarding social security, Case C-206/94 Brennet v Paletta [1996] ECR I-2357, paragraph 24).
| 0 |
863,252 |
25. The Court may, of its own motion, on a proposal from the Advocate General or at the request of the parties order the reopening of the oral procedure under Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see, inter alia Case C-309/99 Wouters and Others [2002] ECR I‑1577, paragraph 42; Case C-309/02 Radlberger Getränkegesellschaft and S. Spitz [2004] ECR I‑11763, paragraph 22; and Case C‑308/04 P SGL Carbon v Commission [2006] ECR I-5977, paragraph 15).
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56 The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product. It is on the latter, ultimately, that the product's reputation is based.
| 0 |
863,253 |
35. It should be noted, as a preliminary point, that it follows, first of all, from recital 1 of Regulation No 1/2005 that that regulation is based on Protocol (No 33) on protection and welfare of animals, annexed to the EC Treaty, under which the Community and the Member States, in formulating and implementing the Community’s policies on inter alia agriculture and transport, are to pay full regard to the welfare requirements of animals. According to the case-law, the protection of animal welfare is a legitimate objective in the public interest, the importance of which was reflected, in particular, in the adoption by the Member States of that protocol (see, to that effect, Viamex Agrar Handel and ZVK , C‑37/06 and C‑58/06, EU:C:2008:18, paragraph 22, and Nationale Raad van Dierenkwekers en Liefhebbers and Andibel , C‑219/07, EU:C:2008:353, paragraph 27). The substance of Protocol No 33 is henceforth to be found in Article 13 TFEU, which is a provision of general application of the FEU Treaty, contained in Part One thereof, setting out the ‘Principles’.
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17 The essential characteristic of remuneration thus lies in the fact that it constitutes consideration for the service in question, and is normally agreed upon between the provider and the recipient of the service .
| 0 |
863,254 |
39. It should be recalled at the outset that, according to settled case-law, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with EU law (see, inter alia, Case C‑334/02 Commission v France [2004] ECR I-2229, paragraph 21; Case C‑104/06 Commission v Sweden [2007] ECR I‑671, paragraph 12, and Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraph 16).
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35
The principle of effectiveness requires however that national rules governing the assessment of evidence and the standard of proof must not render the implementation of EU competition rules impossible or excessively difficult and, in particular, must not jeopardise the effective application of Articles 101 TFEU and 102 TFEU (see, to that effect, judgment in PfleidererC‑360/09, EU:C:2011:389, point 24).
| 0 |
863,255 |
70. The identification of those essential characteristics must be carried out on a case-by-case basis. There is no hierarchy that applies systematically between the various types of elements of which a sign may consist (see, to that effect, Case C‑488/06 P L & D v OHIM [2008] ECR I-5725, paragraph 55). Moreover, in determining the essential characteristics of a sign, the competent authority may either base its assessment directly on the overall impression produced by the sign, or first examine in turn each of the components of the sign concerned (see, by analogy, Joined Cases C-468/01 P to C‑472/01 P Procter & Gamble v OHIM [2004] ECR I-5141, paragraph 45, and Case C-286/04 P Eurocermex v OHIM [2005] ECR I-5797, paragraph 23).
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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 |
863,256 |
28. It must be recalled that, while direct taxation falls within the competence of the Member States, they must none the less exercise that competence consistently with European Union law (see Case C‑279/93 Schumacker [1995] ECR I‑225, paragraph 21; C‑80/94 Wielockx [1995] ECR I‑2493, paragraph 16; Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 32; and Barbier , paragraph 56).
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19 In reply to that argument it must be pointed out that, although Article 4(1) of the Directive does state that the transfer is not in itself to constitute grounds for dismissal by the transferor or the transferee, it goes on to provide that this provision is not to "stand in the way of dismissals that may take place for economic, technical or organizational reasons entailing changes in the workforce". It must be added that if, in order as far as possible to prevent dismissals, national legislation lays down in favour of the transferor provisions allowing the burdens connected with the employment of surplus employees to be alleviated or removed, the Directive likewise does not stand in the way of the application of those provisions to the transferee' s advantage after the transfer.
| 0 |
863,257 |
35. According to settled case-law, the need for uniform application of Community law and the principle of equality require that the terms of a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the Community; that interpretation must take into account the context of the provision and the purpose of the legislation in question (see, inter alia , Ekro , cited above, paragraph 11, Case C-287/98 Linster and Others [2000] ECR I-6917, paragraph 43, and Case C-357/98 Yiadom [2000] ECR I-9265, paragraph 26).
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83 IT CANNOT BE DENIED THAT THERE IS NO GENERALLY RECOGNIZED DEFINITION OF THE TERM ' ' HI-FI PRODUCTS ' ' AND THE DIFFERENT MARKET STUDIES ON WHICH THE PARTIES RELY VARY CONSIDERABLY IN THIS RESPECT . IT SEEMS THAT NONE OF THOSE STUDIES CORRESPONDS EXACTLY TO THE TYPES OF PRODUCTS ENVISAGED BY THE PARTIES WHEN THEY STATED THE TURNOVER OF THE TWO UNDERTAKINGS . HOWEVER , AN EXAMINATION OF THOSE QUESTIONS OF FACT , WHICH ARE HIGHLY TECHNICAL AND DIFFICULT , MAY BE SUPERFLUOUS IF THE MARKET SHARES INDICATED BY THE APPLICANTS ARE THEMSELVES SUFFICIENT FOR THE PURPOSES OF ARTICLE 85 ( 1 ).
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35. It should be recalled that in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions referred concern the interpretation of European Union law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑419/04 Conseil général de la Vienne [2006] ECR I-5645, paragraph 19; Case C‑119/05 Lucchini [2007] ECR I-6199, paragraph 43; and Case C‑52/09 TeliaSonera [2011] ECR I-0000, paragraph 15).
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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.
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68. However, according to settled case-law, for an argument based on such a justification to succeed, a direct link must be established between the tax concession concerned and the offsetting of that concession by a particular tax levy (see, to that effect, Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 40; Case C-347/04 Rewe Zentralfinanz [2007] ECR I‑2647, paragraph 62; and Case C-443/06 Hollmann [2007] ECR I-0000, paragraph 56).
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33. Article 6(3) of the Habitats Directive provides that the competent national authorities are to authorise a plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon only after having ascertained, by means of an appropriate assessment of the implications of that plan or project for the site, that it will not adversely affect the integrity of the site.
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24. Under Article 4(1) of the Directive, Member States are to take all necessary measures to ensure that the quality of bathing water conforms to the limit values set in accordance with Article 3 (see Case C-92/96 Commission v Spain [1998] ECR I-505, paragraph 27; and Case C-307/98 Commission v Belgium [2000] ECR I-3933, paragraph 48).
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13 It is settled case-law that, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN. There are also explanatory notes drawn up, as regards the CN, by the Commission and, as regards the HS, by the Customs Cooperation Council, which may be an important aid to the interpretation of the scope of the various tariff headings but which do not have legally binding force (see, in particular, Case C-201/96 LTM v FIRS [1997] ECR I-6147, paragraph 17, and Case C-280/97 Rose Elektrotechnik [1999] ECR I-689, paragraph 16).
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72. That consideration, based on the capacity of Coopservice to bring an action, which the Commission does not challenge before the Court, is in accordance with the case-law arising from the judgment in CIRFS and Others v Commission , as has been established in paragraphs 37 to 40 of this judgment.
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20 Whatever the merits of those arguments on the moral plane, they cannot influence the answer to the national court' s first question. It is not for the Court to substitute its assessment for that of the legislature in those Member States where the activities in question are practised legally.
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67. Thus, the Court has already held that, while certain objective and subjective factors connected with the concept of fault under a national legal system may be relevant, in the light of the case-law referred to in paragraph 51 of the present judgment, for the purpose of determining whether or not a given breach of EU law is sufficiently serious, the fact remains that the obligation to make reparation for loss or damage caused to individuals cannot depend upon a condition based on any concept of fault going beyond that of a sufficiently serious breach of EU law. Imposition of such a supplementary condition would be tantamount to calling in question the right to reparation founded on the EU legal order (see Brasserie du Pêcheur and Factortame , paragraphs 78 to 80, and Haim , paragraph 39).
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35. Article 7(2) of Regulation No 1612/68 is the particular expression, in the specific area of the grant of social advantages, of the principle of equal treatment enshrined in Article 45(2) TFUE, and must be accorded the same interpretation as that provision (Case C-287/05 Hendrix [2007] ECR I‑6909, paragraph 53).
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47. That interpretation is supported by the principal objective of Directive 2001/29 which, according to recitals 9 and 10 of that directive, is to establish a high level of protection of, inter alia, authors, allowing them to obtain an appropriate reward for the use of their works (see judgments in SGAE , C‑306/05, EU:C:2006:764, paragraph 36; Peek & Cloppenburg , EU:C:2008:232, paragraph 37; and Football Association Premier League and Others , EU:C:2011:631, paragraph 186).
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64. It follows from the above that the Court of First Instance, when it held in substance in paragraphs 62 to 76 of the judgment under appeal that the Commission should have carried out a more detailed analysis of the potential consequences of the aid at issue on intra-Community trade and on competition and should have given additional information, in the contested decision, concerning those effects, did not intend to depart from the case-law cited above but to take into account the specific circumstances of the case, and it cannot be accused of erring in law in this respect.
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52. The Court has, however, acknowledged that there could be a limit to this principle in certain cases. Thus it held in paragraph 27 of the judgment in Kühne & Heitz that the administrative body responsible for the adoption of an administrative decision is, in accordance with the principle of cooperation arising from Article 10 EC, under an obligation to review and possibly to reopen that decision if four conditions are fulfilled. First, the administrative body must, under national law, have the power to reopen that decision. Secondly, the administrative decision in question must have become final as a result of a judgment of a national court ruling at final instance. Thirdly, that judgment must, in the light of a decision given by the Court subsequent to it, be based on a misinterpretation of Community law which was adopted without a question being referred to the Court for a preliminary ruling in the circumstances set out in the third paragraph of Article 234 EC. Fourthly, the person concerned must have complained to the administrative body immediately after becoming aware of that decision of the Court.
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7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15, et du 25 février 2010, Commission/France, C‑170/09, point 6).
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56
In that regard, it should be noted that questions on the interpretation of EU law referred by a national court, in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (judgments of 14 April 2016, Polkomtel, C‑397/14, EU:C:2016:256, paragraph 37; of 6 September 2016, Petruhhin, C‑182/15, EU:C:2016:630, paragraph 20, and of 13 October 2016, Prezes Urzędu Komunikacji Elektronicznej and Petrotel, C‑231/15, EU:C:2016:769, paragraph 16).
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29 Moreover, as the Advocate General noted at points 66 to 68 of his Opinion, the limits set by the Community legislature to the scope of the Directive are the result of a complex balancing of different interests. As is apparent from the first and ninth recitals in the preamble to the Directive, those interests include guaranteeing that competition will not be distorted, facilitating trade within the common market, consumer protection and ensuring the sound administration of justice.
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20
When a textual interpretation of a provision of EU law does not permit its precise scope to be assessed, the provision in question must be interpreted by reference to its purpose and general structure (see, to that effect, judgments of 31 March 1998, France and Others v Commission, C‑68/94 and C‑30/95, EU:C:1998:148, paragraph 168, and of 7 April 2016, Marchon Germany, C‑315/14, EU:C:2016:211, paragraphs 28 and 29).
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65. It must nevertheless be emphasised that measures adopted pursuant to European Union law must comply with the general principles of that law, specifically the principle of proportionality. According to the Court’s settled case-law, the scope of Article 4(1) of Directive 89/48, which expressly authorises compensatory measures, must be restricted to those cases where they are proportionate to the objective pursued (see Case C‑330/03 Colegio [2006] ECR I‑801, paragraph 24, and Case C‑197/06 Van Leuken [2008] ECR I‑2627, paragraph 39).
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37. That interpretation is supported by the provisions of those two acts, which do not contain any indication from which it may be inferred that certain categories of employees are excluded from their scope. Indeed, as is clear from the wording of Clause 2.1 of the Framework Agreement on part-time work, the scope of the agreement is conceived in broad terms, covering generally fixed term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State. The definition of ‘fixed term workers’ for the purposes of the framework agreement, set out in Clause 3.1, encompasses all workers without drawing a distinction according to whether their employer is in the public, or private, sector (see, by analogy with Directive 1999/70 and the Framework Agreement on fixed term work annexed thereto, Joined Cases C‑444/09 and C‑456/09 Gavieiro Gavieiro and Iglesias Torres [2010] ECR I‑0000, paragraphs 39 and 40 and the case-law cited).
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106 It follows that the ban on exports of bovine meat likewise cannot be regarded as a manifestly inappropriate measure.
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38 In that connection, it must be borne in mind that the statement of reasons must be appropriate to the nature of the measure in question and must show clearly and unequivocally the reasoning of the institution which adopted the contested measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review (see, in particular, Case 250/84 Eridania and Others v Cassa Congualglio Zucchero [1986] ECR 117, paragraph 37, and Case C-75/97 Belgium v Commission [1999] ECR I-3671, paragraph 81).
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38. In that context, it must be noted that the legislation at issue in the main proceedings affects every lessor eligible for the investment premium which hires out assets for remuneration to undertakings carrying out cross-border activities, and does so even where nothing points towards the existence of such an artificial arrangement. Furthermore, the legislation does not allow lessors to adduce evidence that no abuse is taking place.
| 0 |
863,269 |
56 Moreover, the proposal for a regulation submitted by the Commission for the implementation of Decision No 3/80 in the Community contains no provision concerning the application of Article 3(1), which is taken word for word from Regulation No 1408/71, whose implementing regulation, No 574/72, likewise contains no measures for giving effect to that provision.
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45. It is also apparent from settled case-law that the global assessment of the likelihood of confusion, in relation to the visual, aural or conceptual similarity of the marks in question, must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components. The perception of the marks by the average consumer of the goods or services in question plays a decisive role in the global appreciation of that likelihood of confusion. The average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (see, inter alia, SABEL , paragraph 23; Lloyd Schuhfabrik Meyer , paragraph 25; Medion , paragraph 28; OHIM v Shaker , paragraph 35; and Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 19).
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863,270 |
44. The Court has also held that a threat to the functioning of the institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security (see, inter alia, Case 72/83 Campus Oil and Others [1984] ECR 2727, paragraphs 34 and 35; Case C‑70/94 Werner [1995] ECR I‑3189, paragraph 27; Albore , paragraph 22; and Case C‑398/98 Commission v Greece [2001] ECR I‑7915, paragraph 29).
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53. As the Advocate General stated in point 46 of his Opinion, Mr Spies von Büllesheim and Holterman Ferho Exploitatie freely assumed mutual obligations in that Mr Spies von Büllesheim chose to manage and administer that company, and the company undertook to remunerate him for those services, so that their relationship may be regarded as being contractual in nature, and consequently the action brought by the company against its former manager on the basis of the alleged breach of his obligation to perform his duties properly under company law comes within the concept of ‘matters relating to contract’ for the purposes of Article 5(1) of Regulation No 44/2001.
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863,271 |
29. That being so, it must be borne in mind that application of the European Union competition rules is based on an obligation of cooperation in good faith between the national courts, on the one hand, and the Commission and the European Union Courts, on the other, in the context of which each acts on the basis of the role assigned to it by the Treaty on the Functioning of the European Union. In the context of that cooperation, national courts must take all the necessary measures, whether general or specific, to ensure fulfilment of the obligations under European Union law and refrain from those which may jeopardise the attainment of the objectives of the Treaty, as follows from Article 4(3) TEU (see Deutsche Lufthansa , paragraph 41).
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133. Nevertheless, such a risk depends on a number of factors, such as the degree of similarity between the arguments put forward in the two cases. If the Commission’s pleadings are repeated only in part, partial disclosure could be sufficient to prevent any risk of undermining the pending proceedings.
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27
In the second place, it should be pointed out that an error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122).
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62. The case-law has furthermore made clear that the anti-competitive effect must relate to the possible barriers which such a pricing practice may create to the growth on the retail market of the services offered to end users and, therefore, on the degree of competition in that market ( Deutsche Telekom v Commission , paragraph 252).
| 0 |
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72. For reasons comparable to those set out in detail by the Court in the judgment in LPN and Finland v Commission (C‑514/11 P and C‑605/11 P, EU:C:2013:738, paragraphs 52 to 65), the Commission was entitled to consider that the full disclosure of the contested studies which, when the express decision was adopted, had already led it to send a letter of formal notice to a Member State, under the first paragraph of Article 258 TFEU, and had, consequently, been placed in a file relating to the pre-litigation stage of infringement proceedings, would have been likely to disturb the nature and progress of that stage of proceedings, by making more difficult both the process of negotiation between the Commission and the Member State and the pursuit of an amicable agreement whereby the alleged infringement could be brought to an end, without it being necessary to resort to the judicial stage of those proceedings. The Commission was, consequently, justified in considering that such full disclosure would have undermined the protection of the purpose of investigations, within the meaning of the third indent of Article 4(2) of Regulation No 1049/2001.
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21 BBC is correct in arguing that software is not, as such, "goods" within the meaning of Article 3(1) of the regulation on customs value but is intangible property not subject to the Common Customs Tariff. However, when such property is embodied in an item of goods, the cost of acquiring that intangible property must be regarded as an integral part of the price paid or payable for the goods, and hence of the transaction value. In the case before the Bundesfinanzhof, the value of the software must therefore be regarded as an integral part of the customs value of the imported goods.
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25 Accordingly, point 8 of Article 4 of Directive 65/65/EEC, as amended by Council Directive 87/21/EEC of 22 December 1986 (OJ 1987 L 15, p. 36), establishes an `abridged' procedure which, subject to certain conditions, relieves the manufacturers of medicinal products which are essentially similar to medicinal products already authorised from having to provide the results of pharmacological and toxicological tests and of clinical trials, thus saving the time and expense necessary to assemble such data, and avoiding the repetition of tests on humans or animals where these are not absolutely necessary (see Case C-368/96 Generics (UK) and Others [1998] ECR I-7967, paragraphs 2 to 4).
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34 It must be pointed out, however, that examination of the substance of the principal claim does not necessarily presuppose the Court's first taking a position on the preliminary issue referred to above.
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44. Also, where EU law allows Member States a measure of discretion in the implementation of an act of EU law, national authorities and courts remain free to protect fundamental rights under the national constitution, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of EU law are not thereby compromised (see, to that effect, Melloni , C‑399/11, EU:C:2013:107, paragraph 60).
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58. In that regard, it should be borne in mind that, as indicated in paragraph 52 of this judgment, an area is allocated to a farmer’s holding where he has the power to manage that holding for the purposes of an agricultural activity.
| 0 |
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28 However, it is clear from settled case-law, that where such measures apply to any person or undertaking carrying on an activity in the territory of the host Member State, they may be justified where they serve overriding requirements relating to the public interest, are suitable for securing the attainment of the objective which they pursue and do not go beyond what is necessary in order to attain it (see Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32; Gebhard, cited above, paragraph 37; Case C-212/97 Centros [1999] ECR I-1459, paragraph 34; Pfeiffer, cited above, paragraph 19; Case C-424/97 Haim [2000] ECR I-5123, paragraph 57; Mac Quen and Others, cited above, paragraph 26, and Commission v Italy, cited above, paragraph 23).
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47 Secondly, as regards infringement of the principle of equal treatment of officials irrespective of their sexual orientation, it is clear that it is not the sex of the partner which determines whether the household allowance is granted, but the legal nature of the ties between the official and the partner.
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40 In the context of the judicial cooperation between national courts and the Court of Justice in connection with references for a preliminary ruling, it is for the national court to establish and evaluate the facts of the case (see, inter alia, Case 139/85 Kempf v Staatssecretaris van Justitie [1986] ECR 1741, paragraph 12) and for the Court of Justice to provide the national court with such interpretative information as may be necessary to enable it to decide the dispute (Case C-332/88 Alimenta v Doux [1990] ECR I-2077, paragraph 9).
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39 As regards the level of the financial correction, it is apparent from the minutes of the general meetings of the ACAs, annexed to the application, that the rate of retention used by those ACAs was never lower than 2%. In those circumstances, the Greek Government having failed to show that the rate of the retentions could be lower than the rate of the correction in issue, the second argument must also be rejected.
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170
In addition, it is for the persons pleading the illegality of an anti-dumping regulation to adduce arguments and evidence to show that factors other than those relating to the imports could have had such importance that they called into question the causal link between the injury suffered by the Union industry and the dumped imports (judgments in Transnational Company ‘Kazchrome’ and ENRC Marketing v Council, C‑10/12 P, EU:C:2013:865, paragraph 28, and TMK Europe, C‑143/14, EU:C:2015:236, paragraph 42).
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37. Il est cependant constant que l’octroi de ce report du délai de paiement, qui est soumis à diverses conditions et ne peut, notamment, être accordé que si la situation économique et financière de l’assujetti l’empêche temporairement de s’acquitter du paiement dans les délais impartis, est dénué de tout caractère automatique. Ce dispositif ne saurait, dès lors, être considéré comme offrant à l’assujetti concerné une alternative au paiement immédiat de l’imposition et ne peut, par suite, remédier au caractère attentatoire à la liberté d’établissement que constitue un tel paiement (en ce qui concerne une telle alternative, voir arrêt National Grid Indus, précité, point 73).
| 0 |
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31. As regards the procedure laid down in Article 95(5) EC, the introduction of new national provisions must be based on new scientific evidence relating to the protection of the environment or the working environment by reason of a problem specific to that Member State arising after the adoption of the harmonisation measure (see, to that effect, Denmark v Commission , paragraph 57).
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Il ressort de la jurisprudence de la Cour que l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales déclarées incompatibles avec le marché intérieur est tenu, en vertu de l’article 288 TFUE, de prendre toutes les mesures propres à assurer l’exécution de cette décision. Il doit parvenir à un recouvrement effectif des sommes dues aux fins d’éliminer la distorsion de concurrence causée par l’avantage concurrentiel procuré par ces aides (arrêt du 24 janvier 2013, Commission/Espagne, C‑529/09, EU:C:2013:31, point 91).
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35 Although a prohibition such as the one at issue in the main proceedings is general and non-discriminatory and neither its object nor its effect is to put the national market at an advantage over providers of services from other Member States, it can none the less, as has been held above (see paragraph 28), constitute a restriction on the freedom to provide cross-border services.
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113. In that regard, it must be noted that a European Union institution, when assessing a request for access to documents held by it, may take into account more than one of the grounds for refusal set out in Article 4 of Regulation No 1049/2001.
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57. In that context, as most of the Member States which submitted observations to the Court have noted, the legislation on games of chance is one of the areas in which there are significant moral, religious and cultural differences between the Member States. In the absence of Community harmonisation in the field, it is for each Member State to determine in those areas, in accordance with its own scale of values, what is required in order to ensure that the interests in question are protected (see, inter alia, Case 34/79 Henn and Darby [1979] ECR 3795, paragraph 15; Case C-275/92 Schindler [1994] ECR I-1039, paragraph 32; Case C-268/99 Jany and Others [2001] ECR I‑8615, paragraphs 56 and 60, and Placanica and Others , paragraph 47).
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40. In the light of the foregoing, it is necessary, in order to provide an answer to the questions referred, to determine, in the first place, the nature of the transactions carried out within the context of the loyalty rewards schemes at issue in the cases in the main proceedings.
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36 It must be noted at the outset that, although the Court may not, under Article 177 of the Treaty, decide upon the validity, in regard to Community law, of a provision of domestic law, as it would be possible for it to do under Article 169 of the EC Treaty (see, for example, Case 6/64 Costa v ENEL [1964] ECR 585), it nevertheless has jurisdiction to supply the national court with an interpretation of Community law on all such points as may enable that court to determine that issue of compatibility for the purposes of the case before it (see, for example, Case 223/78 Grosoli [1979] ECR 2621, paragraph 3).
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32 First of all, it is clear from the very wording of that provision that an occupational social security scheme may be characterised by compulsory membership.
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41. As rightly observed by the French Government in its written observations, since Article 4(5) of the Convention requires the national court to apply the law of the country with which the contract is most closely connected and refrain from applying the law applicable determined on the basis of the criteria set out in Article 4(2) to (4), a fortiori that court must apply the law of the country with which the contract is most closely connected, as provided for in Article 4(1), where Article 4(4) does not enable the law applicable to a contract for the carriage of goods to be identified (see, to that effect, ICF , EU:C:2009:617, paragraphs 63 and 64).
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27. Recourse to that provision is also possible if the aim is to prevent the emergence of such obstacles to trade resulting from the divergent development of national laws. However, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (judgments in Germany v Parliament and Council , C‑380/03, EU:C:2006:772, paragraph 38 and the case-law cited, and Vodafone and Others , C‑58/08, EU:C:2010:321, paragraph 33).
| 0 |
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29
More specifically, it follows from Article 13(3) of the Basic Regulation that, in the event of circumvention, the extension of established definitive measures takes effect from the date on which the registration was imposed pursuant to Article 14(5) of that regulation (judgment of 6 June 2013 in Paltrade, C‑667/11, EU:C:2013:368, paragraph 26).
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31. In Case C-228/00 Commission v Germany [2003] ECR I-1439, paragraphs 41 to 43, the Court laid down three conditions for establishing whether the use of waste as a fuel is a recovery operation of the kind referred to in point R1 of Annex II B to Directive 75/442. First, the essential purpose of the operation referred to by that provision must be the generation of energy. Secondly, the energy generated by, and recovered from, combustion of the waste must be greater than the amount of energy consumed during the combustion process and that part of the surplus energy generated during combustion must effectively be used, either immediately in the form of the heat produced by incineration or, after processing, in the form of electricity. Thirdly, the greater part of the waste must be consumed during the operation and the greater part of the energy generated must be recovered and used.
| 0 |
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41. Provisions of European Union law may apply to professional activities pursued outside the territory of the European Union as long as the employment relationship retains a sufficiently close link with the European Union (see, to that effect, inter alia, Prodest , cited above, paragraph 6; Case 9/88 Lopes da Veiga [1989] ECR 2989, paragraph 15; and Case C-60/93 Aldewereld [1994] ECR I-2991, paragraph 14). That principle must be deemed to extend also to cases in which there is a sufficiently close link between the employment relationship, on the one hand, and the law of a Member State and thus the relevant rules of European Union law, on the other (Case C-214/94 Boukhalfa [1996] ECR I-2253, paragraph 15).
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116. It must be pointed out that the mere facts that the referencing service is subject to payment, that Google sets the payment terms or that it provides general information to its clients cannot have the effect of depriving Google of the exemptions from liability provided for in Directive 2000/31.
| 0 |
863,286 |
22 In Defrenne, cited above, the Court held that the principle of equal pay under Article 119 may be relied on before national courts and that those courts have a duty to ensure the protection of the rights which that provision vests in individuals. However, the Court also stated, at paragraphs 74 and 75 of that judgment, that important considerations of legal certainty affecting all the interests involved, both public and private, meant that the direct effect of Article 119 could not be relied on in order to support claims concerning pay periods prior to the date of that judgment, 8 April 1976, except as regards workers who had already brought legal proceedings or made an equivalent claim.
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75 THEREFORE , THE DIRECT EFFECT OF ARTICLE 119 CANNOT BE RELIED ON IN ORDER TO SUPPORT CLAIMS CONCERNING PAY PERIODS PRIOR TO THE DATE OF THIS JUDGMENT , EXCEPT AS REGARDS THOSE WORKERS WHO HAVE ALREADY BROUGHT LEGAL PROCEEDINGS OR MADE AN EQUIVALENT CLAIM .
| 1 |
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67. Moreover, the case-law of the Court relating to the conditions under which rights derived from Article 7 of Decision No 1/80 can be restricted lays down, in addition to the exception based on public policy, public security and public health, which is applicable in the same way to Turkish nationals and to Community nationals (see, inter alia, Case C- 340/97 Nazli [2000] ECR I-957, paragraphs 55, 56 and 63), a second ground of loss of those rights which is applicable only to Turkish migrants, namely if they leave the territory of the host Member State for a significant length of time without legitimate reason (see paragraphs 54 and 57 of this judgment). In such a case, the authorities of the Member State concerned are entitled to require that, should the person concerned subsequently wish to resettle in that State, he must make a fresh application either for authorisation to join the Turkish worker if he is still dependent on that worker, or to be admitted with a view to being employed there on the basis of Article 6 of that decision (see Ergat , paragraph 49).
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35. In order to determine whether the principle of equivalence has been complied with in the case in the main proceedings, it is therefore necessary to examine whether, in the light of their purpose and their essential characteristics, the action for damages brought by Transportes Urbanos, alleging breach of European Union law, and the action which that company could have brought on the basis of a possible breach of the Constitution may be regarded as similar (see, to that effect, Preston and Others , paragraph 49).
| 0 |
863,288 |
56. In Intel Corporation , the Court confirmed its case-law to the effect that the existence of a link between the marks at issue must, like the existence of a likelihood of confusion, be assessed globally, account being taken of all factors relevant to the circumstances of the case, which include not only the degree of similarity between the conflicting marks, but also the degree of the earlier mark’s distinctive character and the strength of its reputation (see Intel Corporation , paragraphs 41 and 42 and the case-law cited).
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25. However, it should be noted that the obligation to provide insurance cover against civil liability for damage caused to third parties by motor vehicles is separate from the extent of the compensation to be afforded to them on the basis of the civil liability of the insured person. Whereas the former is defined and guaranteed by European Union legislation, the latter is, essentially, governed by national law ( Carvalho Ferreira Santos , paragraph 31 and case-law cited).
| 0 |
863,289 |
143. Moreover, in accordance with Article 4(2) of Decision No 715/78 and Article 26(2) of Regulation No 1/2003, the limitation period for enforcement runs from the date on which the decision becomes final. The Court has explained that that limitation period therefore runs from expiry of the period for bringing an action against the decision on the infringement and the fine, if no action has been brought (see, by analogy, Limburgse Vinyl Maatschappij and Others v Commission , paragraph 137).
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31 For Directive 77/187 to be applicable, however, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term entity thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (Süzen, paragraph 13).
| 0 |
863,290 |
59. That provision must therefore be interpreted in the light of the context in which it is used and of the aims and scheme of that directive, having particular regard to the underlying purpose of the exemption which it establishes (see, to that effect, Case C-284/03 Temco Europe [2004] ECR I-11237, paragraph 18, and Fonden Marselisborg Lystbådehavn , paragraph 28).
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37. In that connection, in so far as such royalties are calculated on the basis of the revenue of the television broadcasting societies, they are, in principle, reasonable in relation to the economic value of the service provided by STIM.
| 0 |
863,291 |
84. By comparison with the points of fact referred to by the Court at paragraphs 38 to 53 of the judgment in Commission v France , cited above, it should be noted, first, that the demonstration at issue in the main proceedings took place following a request for authorisation presented on the basis of national law and after the competent authorities had decided not to ban it.
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28. As a consequence, the collection of interest on arrears is conditional upon failure to pay the duty by the deadline set and such collection may not be made where the debtor has paid the customs debt within the time allowed.
| 0 |
863,292 |
45. According to settled case-law, it is for the referring court alone to determine whether such rules comply with those principles (see, inter alia, Case C‑384/04 Federation of Technological Industries and Others [2006] ECR I‑4191, paragraph 34; Joined Cases C‑181/04 to C‑183/04 Elmeka [2006] ECR I‑8167, paragraphs 35 and 36, and Case C‑347/06 ASM Brescia [2008] ECR I‑0000, paragraph 72), the Court, in a reference for a preliminary ruling under Article 234 EC, being solely competent to provide the national court with all the criteria for the interpretation of Community law which may enable it to determine the issue of compatibility (see, inter alia, Joined Cases C‑286/94, C‑340/95, C‑401/95 and C‑47/96 Molenheide and Others [1997] ECR I‑7281, paragraph 49).
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35. In that regard, it must be borne in mind that, according to settled case-law, in interpreting a provision of Community law it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C‑19/08 Petrosian and Others [2009] ECR I‑495, paragraph 34).
| 0 |
863,293 |
60
Under Article 256(1) TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union, an appeal lies on points of law only. The General Court thus has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where they distort the facts or evidence, constitute a point of law which is subject as such to review by the Court of Justice on appeal (judgment of 12 July 2012, Smart Technologies v OHIM, C‑311/11 P, EU:C:2012:460, paragraph 52 and the case-law cited).
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35 Such a provision also has a restrictive effect as regards companies established in other Member States: it constitutes an obstacle to the raising of capital in the Netherlands since the dividends which such companies pay to Netherlands residents receive less favourable tax treatment than dividends distributed by a company established in the Netherlands, so that their shares are less attractive to investors residing in the Netherlands than shares in companies which have their seat in that Member State.
| 0 |
863,294 |
21. In that regard, it should be pointed out that temporary storage is mentioned only in Annexes II A and II B to that directive, listing waste disposal operations and waste recovery operations respectively. It is apparent from those annexes, points D 15 and R 13 thereof respectively, that temporary storage, pending collection, on the site where it is produced, is excluded from the list of operations classified as disposal operations or recovery operations in Directive 75/442. It must be defined, as the Court noted in paragraph 45 of the judgment in Lirussi and Bizzaro , as the operation preparatory to waste management within the meaning of Article 1(d) of that directive.
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45 Temporary storage pending collection, on the site where it is produced, is therefore to be defined as the preparatory operation to waste management within the meaning of Article 1(d) of Directive 75/442.
| 1 |
863,295 |
86 It should be observed, to begin with, that according to the settled case-law of this Court, the Commission must consider attentively all the matters of fact and of law which the complainants bring to its attention (Case 210/81 Demo-Studio Schmidt v Commission [1983] ECR 3045, paragraph 19, Case 298/83 CICCE v Commission [1985] ECR 1105, paragraph 18, and Joined Cases 142/84 and 156/84 BAT and Reynolds v Commission [1987] ECR 4487, paragraph 20). Furthermore, complainants are entitled to have the fate of their complaint settled by a decision of the Commission against which an action may be brought (Case C-282/95 P Guérin Automobiles v Commission [1997] ECR I-1503, paragraph 36).
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37. Thus, the object of protection under Directive 91/250 includes the forms of expression of a computer program and the preparatory design work capable of leading, respectively, to the reproduction or the subsequent creation of such a program.
| 0 |
863,296 |
40. It must also be borne in mind that, according to settled case-law, in the absence of relevant Community rules, the detailed procedural rules designed to ensure the protection of the rights which individuals acquire under Community law are a matter for the domestic legal order of each Member State, under the principle of the procedural autonomy of the Member States (see, inter alia, Case C‑78/98 Preston and Others [2000] ECR I-3201, paragraph 31, and Joined Cases C‑392/04 and C‑422/04 i‑21 Germany and Arcor [2006] ECR I‑0000, paragraph 57).
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Les termes employés pour désigner lesdites exonérations sont d’interprétation stricte, étant donné que celles-ci constituent
des dérogations au principe général, résultant de l’article 2 de la directive 2006/112, selon lequel la TVA est perçue sur
chaque prestation effectuée à titre onéreux par un assujetti. Toutefois, cette règle d’interprétation stricte ne signifie
pas que les termes utilisés pour définir les exonérations visées à l’article 132 de cette directive doivent être interprétés
d’une manière qui priverait celles-ci de leurs effets (voir, en ce sens, arrêt Město Žamberk, C‑18/12, EU:C:2013:95, point
19 et jurisprudence citée).
| 0 |
863,297 |
20 Furthermore, the more distinctive the earlier mark, the greater will be the likelihood of confusion (SABEL, paragraph 24), and therefore marks with a highly distinctive character, either per se or because of the recognition they possess on the market, enjoy broader protection than marks with a less distinctive character (see Canon, paragraph 18).
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53. Recital 9 of the preamble to the Framework Decision states moreover that its provisions do not impose an obligation on Member States to ensure that victims will be treated in a manner equivalent to that of a party to proceedings.
| 0 |
863,298 |
44. It should be recalled in that regard that, in accordance with settled case-law, the letter of formal notice from the Commission to the Member State, and then the reasoned opinion issued by the Commission, delimit the subject-matter of the dispute, so that it cannot thereafter be extended. The opportunity for the State concerned to submit its observations, even if it chooses not to avail itself thereof, constitutes an essential guarantee intended by the EC Treaty, adherence to which is an essential formal requirement of the infringement procedure. Consequently, the reasoned opinion and the proceedings brought by the Commission must be based on the same complaints as those set out in the letter of formal notice initiating the pre-litigation procedure (Case C-365/97 Commission v Italy [1998] ECR I-7773, paragraph 23).
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38. It is therefore not obvious that the assessment of the Directive's validity or its interpretation, requested by the national court, bear no relation to the actual facts of the main action or its purpose or raise a purely hypothetical question.
| 0 |
863,299 |
100. It is clear from the case-law of the Court that it is, in principle, for the national courts to apply the criteria for establishing the liability of Member States for damage caused to individuals by breaches of Community law ( Brasserie du Pêcheur and Factortame , paragraph 58), in accordance with the guidelines laid down by the Court for the application of those criteria ( Brasserie du Pêcheur and Factortame , paragraphs 55 to 57; British Telecommunications , cited above, paragraph 411; Joined Cases C-283/94, C-291/94 and C-292/94 Denkavit and Others [1996] ECR I-5063, paragraph 49, and Konle , cited above, paragraph 58).
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41. It must therefore be concluded that if a curable or incurable illness entails a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and the limitation is a long-term one, such an illness can be covered by the concept of ‘disability’ within the meaning of Directive 2000/78.
| 0 |
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