Unnamed: 0
int64 0
869k
| 0
stringlengths 36
32.8k
⌀ | 1
stringlengths 8
29.9k
| 2
int64 0
1
|
|---|---|---|---|
863,400 | 22. It is settled case-law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations ( Schumacker , paragraph 30, and Gschwind , paragraph 21). | 73. The answer to part (b)(i) of Question 1 must therefore be that the first paragraph of Article 454(3) and Article 455 of the implementing regulation must be interpreted as meaning that the guaranteeing association has available, to furnish proof of the place where the offence or irregularity was actually committed, a period of two years running from the date of the claim for payment made to it.
Question 2(a) on the existence of an obligation on the Member State to investigate | 0 |
863,401 | 44. However, that incorrect reference to Article 133 EC as a second legal basis for that directive does not of itself mean that the directive is invalid ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 98). Such an error in the citations of a Community act is no more than a purely formal defect, unless it gave rise to irregularity in the procedure applicable to the adoption of that act (see, to that effect, Case 165/87 Commission v Council [1988] ECR 5545, paragraph 19, and Joined Cases C-184/02 and C-223/02 Spain and Finland v Parliament and Council [2004] ECR I-0000, paragraph 44). The Court went on to hold, in paragraph 111 of British American Tobacco (Investments) and Imperial Tobacco , that recourse to the twofold legal basis of Articles 95 EC and 133 EC did not give rise to irregularity in the procedure for adopting the directive and that the directive was not invalid on that account. | 21 The Court thus held in Fantask and Others, cited above, that Community law does not prevent a Member State which has not properly transposed Directive 69/335 from resisting actions for repayment of duties levied in breach thereof by relying on a limitation period under national law of five years reckoned from the date on which those duties became payable (see also Edis, paragraph 47, and Spac, paragraph 30, both cited above). | 0 |
863,402 | 41
The Court also considers that it is compatible with EU law to lay down reasonable time limits for bringing proceedings in the interests of legal certainty, which protects both the individual and the administrative authority concerned. In particular, it finds that such time limits are not liable to make it in practice impossible or excessively difficult to exercise the rights conferred by EU law (see, to that effect, judgments of 15 April 2010, Barth, C‑542/08, EU:C:2010:193, paragraph 28, and of 16 January 2014, Pohl, C‑429/12, EU:C:2014:12, paragraph 29). | 48. Such a danger does in fact exist if group relief is extended to the losses of non-resident subsidiaries. It is avoided by a rule which precludes relief in respect of those losses. | 0 |
863,403 | 51 The criteria for determining normal residence defined by Article 7 of the directive refer both to a person's occupational and personal ties with a particular place and to the duration of those ties. Consequently they must be examined in conjunction with each other. Normal residence must, accordingly, be regarded as the place where a person has established his permanent centre of interests (Ryborg, cited above, paragraph 19). | 64 The same purpose is also served by the PMS clauses which, as is correctly pointed out in paragraph 84 of the Decision, aim to protect the dealer's turnover from competing sales in the immediate vicinity of his service station, where domestic or international market conditions make a temporary or long-term adjustment of the forecourt discounts granted by the dealer desirable or, indeed, necessary. | 0 |
863,404 | 88. In that regard, it is apparent from all the abovementioned provisions that the interest of the service may be a legitimate objective that can be taken into consideration. In particular, as stated in paragraph 82 above, Article 1(d) of the Staff Regulations authorises limitations on the principles of non-discrimination and proportionality. Those interests of the service must however be objectively justified and the required level of knowledge of languages must be proportionate to the genuine needs of the service (see, to that effect, Case 79/74 Küster v Parliament [1975] ECR 725, paragraphs 16 and 20, and Case 22/75 Küster v Parliament [1975] ECR 1267, paragraphs 13 and 17). | 13 ACCORDING TO THE ENGLISH VERSION OF THE VACANCY NOTICE IN QUESTION, AMONGST THE CONDITIONS FOR APPOINTMENT TO THE POST IT IS STATED THAT 'FOR PRACTICAL REASONS, A THOROUGH KNOWLEDGE OF ENGLISH IS REQUIRED '. | 1 |
863,405 | 41. In this regard, it should be noted that import VAT and customs duties display comparable essential features since they arise from the fact of importation of goods into the European Union and the subsequent distribution of those goods through the economic channels of the Member States. This parallel nature is, moreover, confirmed by the fact that the second subparagraph of Article 71(1) of the VAT directive authorises Member States to link the chargeable event and the date on which the VAT on importation becomes chargeable with those laid down for customs duties (see, inter alia, Case C‑343/89 Witzemann [1990] ECR I‑4477, paragraph 18, and Case C‑230/08 Dansk Transport og Logistik [2010] ECR I‑3799, paragraphs 90 and 91). | 87. En ce qui concerne l’exception d’irrecevabilité soulevée par la République de Pologne, il convient de rappeler que, conformément à une jurisprudence constante, l’objet d’un recours en manquement, en application de l’article 258 TFUE, est fixé par l’avis motivé de la Commission, de sorte que le recours doit être fondé sur les mêmes motifs et moyens que cet avis (arrêt du 8 juillet 2010, Commission/Portugal, précité, point 25 et jurisprudence citée). | 0 |
863,406 | 19
Although the question whether the grounds of a judgment of the General Court are contradictory or inadequate is a point of law which is amenable, as such, to judicial review on appeal (see, in particular, judgments of 8 February 2007, Groupe Danone v Commission, C‑3/06 P, EU:C:2007:88, paragraph 45, and of 14 October 2010, Deutsche Telekom v Commission, C‑280/08 P, EU:C:2010:603, paragraph 123), such is not the case of an assessment of facts which, save where the clear sense of the evidence has been distorted, which has not been argued in the present case, is not, according to settled case-law, subject to review by the Court of Justice (see, to that effect, in particular, judgments of 10 July 2014, Greece v Commission, C‑391/13P, not published, EU:C:2014:2061, paragraph 29, and of 20 January 2016, Toshiba Corporation v Commission, C‑373/14 P, EU:C:2016:26, paragraph 40). | 34. The lease of a motor vehicle under a financial leasing contract may, nonetheless, present features which are comparable to those of the acquisition of capital goods. | 0 |
863,407 | 83
It should be observed, in the first place, that the Commission adopted the 2006 Guidelines, in connection with the application of fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, in order to ensure the transparency and impartiality of its decisions. That provision is designed, inter alia, to ensure that the fine has sufficient deterrent effect, which justifies the taking into consideration of the economic power of the undertaking concerned (judgment in Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 142). It is the intention to ensure that the fine has sufficient deterrent effect, reiterated in point 4 of the 2006 Guidelines, which justifies the taking into account of the financial capacity of the undertaking concerned (see, to that effect, judgments in YKK and Others v Commission, C‑408/12 P, EU:C:2014:2153, paragraph 85, and Dole Food and Dole Fresh Fruit Europe v Commission, C‑286/13 P, EU:C:2015:184, paragraph 143). | 66 According to that case-law, those provisions, which provide for the prohibition of all discrimination based on nationality in the field of social security against Algerian and Moroccan nationals as compared with the nationals of the host Member State, are directly effective notwithstanding the fact that the Cooperation Council has not adopted measures implementing Article 40(1) of the EEC-Algeria Agreement or Article 42(1) of the EEC-Morocco Agreement relating to the implementation of the principles stated in Articles 39 and 41 respectively. | 0 |
863,408 | 21. As a preliminary point, it should be borne in mind that, when the Court is requested to give a preliminary ruling on a matter of classification for customs purposes, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard. In any event, the national court is in a better position to do so (Case C‑423/09 X [2010] ECR I‑0000, paragraph 14 and case-law cited). | 67 Accordingly, it naturally falls to the bodies concerned, such as organisers of tournaments, sports federations or professional athletes' associations, to lay down appropriate rules and to make their selections in accordance with them. | 0 |
863,409 | 120. According to case-law, where a number of legal persons may be held personally liable for participation in an infringement of the European Union’s competition rules because they form part of a single undertaking responsible for the infringement, the Commission has the power, under Article 23(2) of Regulation No 1/2003 to impose a fine for which those persons are jointly and severally liable (see, to that effect, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraphs 39 to 51). | 52 It does not follow, however, that the operation of any commercial port constitutes the operation of a service of general economic interest or, in particular, that all the services provided in such a port amount to such a task. | 0 |
863,410 | 31. As regards the applicability of Article 12 EC, which lays down a general prohibition of all discrimination on grounds of nationality, it should be noted that that provision applies independently only to situations governed by European Union law for which the Treaty lays down no specific rules of non-discrimination (see, inter alia, Joined Cases C‑397/98 and C‑410/98 Metallgesellschaft and Others [2001] ECR I‑1727, paragraphs 38 and 39; Case C‑443/06 Hollmann [2007] ECR I‑8491, paragraphs 28 and 29; and Case C‑105/07 Lammers & Van Cleeff [2008] ECR I‑173, paragraph 14). | 51. It must be added that the findings, in the judgment under appeal, relating to the characteristics of the relevant public and to consumers’ degree of attention, perception or attitude also represent appraisals of fact. | 0 |
863,411 | 20 That interpretation is corroborated by the purpose of Article 71(1)(b)(ii), the provisions of which are intended to guarantee to migrant workers unemployment benefits under the most favourable conditions for seeking new employment (see the judgment in Case 236/87 Bergemann v Bundesanstalt fuer Arbeit [1988] ECR 5125, at paragraph 18). | 32. It follows from the wording of Note 5(E) to Chapter 84 of the CN that the ‘specific function’ performed by a machine working with an automatic data-processing machine must be a function ‘other than data processing’ (see Olicom , paragraph 30). | 0 |
863,412 | 32 In the Lorenz case-law, and in later judgments (see, for example Case 84/82 Germany v Commission [1984] ECR 1451, paragraphs 11 and 12), the Court recognised that the preliminary stage of the procedure for reviewing aid under Article 93(3) is intended merely to allow the Commission to form a prima facie opinion of the partial or complete conformity with the Treaty of the aid schemes notified to it. The purpose of that provision, which seeks to prevent the implementation of aid contrary to the Treaty, requires that the prohibition laid down in that respect by the last sentence of Article 93(3) should be effective during the whole of the preliminary stage. That is why, in order to take account of the interest of Member States in being informed of the position quickly in spheres where the necessity to intervene may be of an urgent nature, the Commission must act diligently. If, after being informed by a Member State of a plan to grant aid, the Commission fails to initiate the contentious procedure within a reasonable period of time, the Member State may, after giving prior notice to the Commission, put the aid in question into effect, whereupon it will come under the system for existing aid. Guided by Articles 173 and 175 of the EC Treaty (now Article 232 EC), the Court has held that a reasonable delay should not exceed two months. | 80. As the Council argues, it is not procedures that define the legal basis of a measure but the legal basis of a measure that determines the procedures to be followed in adopting that measure. | 0 |
863,413 | 34. In addition, it is settled case-law that, when adopting measures to implement Community legislation, national authorities must exercise their discretion in compliance with the general principles of Community law, which include the principle of proportionality (see, inter alia, Case C‑313/99 Mulligan and Others [2002] ECR I‑5719, paragraphs 35 and 36; Joined Cases C‑231/00, C‑303/00 and C‑451/00 Cooperativa Lattepiú and Others [2004] ECR I‑2869, paragraph 57; and Case C‑496/04 Slob [2006] ECR I‑0000, paragraph 41). | 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. | 0 |
863,414 | 18 The Court has also held that in exceptional circumstances the absence of a periodic report may be compensated for by the existence of other information on an official' s merits (judgment in Joined Cases 156/79 and 51/80 Gratreau v Commission [1980] ECR 3943, paragraph 22). | 103. It should be added that the European Union legislature has envisaged exercise of that power by a Member State inasmuch as it refers, in recital 21 in the preamble to Directive 97/36, to events organised by an organiser who is legally entitled to sell the rights pertaining to that event. | 0 |
863,415 | 39. In that regard, it must be recalled that any party has the right, in proceedings before the national courts, to plead, before the court hearing the case, the invalidity of an act of the Union and to ask that court, which has no jurisdiction itself to declare the act invalid, to put that question to the Court by means of a reference for a preliminary ruling (see Case C‑239/99 Nachi Europe [2001] ECR I‑1197, paragraph 35; Case C‑50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I‑6677, paragraph 40, and Case C‑550/09 E and F [2010] ECR I‑6213, paragraph 45). It must be emphasised that under indent (b) of the first paragraph of Article 267 TFEU the admissibility of a reference for a preliminary ruling made on the basis of that provision is not subject to a condition that such a party has complied with a time‑limit within which a case challenging the validity of the Union act concerned must be brought before the national court or tribunal with jurisdiction. In the absence of regulation by the Union, time-limits for the introduction of actions before national courts are to be determined by the national rules of procedure and it is exclusively for the courts and tribunals of the Member States to assess whether such time-limits have been respected in the main proceedings. | 16 As the Governments of the United Kingdom, France and Portugal have rightly pointed out, the grant of a rebate or a price discount presupposes that goods are supplied for consideration. The very terms `rebate' and `price discount' indicate a merely partial reduction of the total price agreed. Where, on the other hand, a reduction covers 100% of the price, the reality of the situation is that the goods are changing hands free of charge. The disposal of goods free of charge falls within the scope of Article 5(6) of the Sixth Directive. | 0 |
863,416 | 30. It is, however, for the national court to decide whether there is any evidence on the markets in question that the contribution does, in fact, have such an effect, the Court being able to identify certain features of Community law to facilitate such a decision (see, to that effect, in respect of a common organisation of the market of a type different from that laid down by Regulation No 2777/75, inter alia , Joined Cases 36/80 and 71/80 Irish Creamery Milk Suppliers Association [1981] ECR 735, paragraph 19). | 70
In the case of subsequent fund-freezing decisions, the person or entity concerned is protected, inter alia, by the possibility of bringing an action against such decisions before the Courts of the European Union. These are required to determine, in particular, first, whether the obligation to state reasons laid down in Article 296 TFEU has been complied with and, therefore, whether the reasons relied on are sufficiently detailed and specific, and, second, whether those reasons are substantiated (see, by analogy, judgments of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraphs 118 and 119, and of 28 November 2013, Council v Fulmen and Mahmoudian, C‑280/12 P, EU:C:2013:775, paragraph 64). | 0 |
863,417 | 105 The Commission was thus entitled to find, in that respect, that there was a legal obstacle within the meaning of the first paragraph of Article 61 of the Treaty. | 80. Ledit principe ne peut être invoqué que dans la mesure où la Communauté elle-même a créé au préalable une situation susceptible d’engendrer une confiance légitime (voir arrêt du 10 janvier 1992, Kühn, C‑177/90, Rec. p. I‑35, point 14). | 0 |
863,418 | 20. The situations falling within the scope of EU law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 21 TFEU ( Morgan and Bucher , paragraph 23, and Prinz and Seeberger , paragraph 25 and the case-law cited). | 57. The answer to the second question must therefore be that sickness cannot as such be regarded as a ground in addition to those in relation to which Directive 2000/78 prohibits discrimination.
Costs | 0 |
863,419 | La Commission se prévaut des arrêts Commission/Espagne (C‑147/94, EU:C:1995:111, point 5); Commission/Allemagne (C‑298/95,
EU:C:1996:501, point 18); Commission/Autriche (C‑358/03, EU:C:2004:824, point 13), et Commission/Italie (C‑119/04, EU:C:2006:489,
point 25) pour ajouter que la République hellénique ne saurait invoquer ni les évolutions politiques, telles que la suspension
des travaux du Parlement national en raison des élections, ni les difficultés graves et objectives concernant l’application,
en l’absence de législation de l’Union, d’un système de paiement proportionnel de la taxe d’immatriculation, pour justifier
la persistance du manquement. En tout état de cause, le délai fixé dans l’avis motivé aurait expiré le 21 janvier 2013. | 17 THIS DOES NOT APPLY TO THE FIXING OF A REASONABLE PERIOD OF LIMITATION WITHIN WHICH AN ACTION MUST BE BROUGHT .
| 0 |
863,420 | 56 If, having done so, the national court finds that such a rule is justified by considerations relating to road safety and/or protection of the environment, it still remains, according to a consistent line of decisions (see the judgment in Bettati, cited above, paragraphs 63 and 64), to be ascertained whether the restriction on the free movement of goods arising under the contested condition specifically for parallel importers is necessary to ensure road safety and/or protection of the environment and whether that restriction is not disproportionate to its objectives, particularly in the sense that no other, less restrictive, measures are available. | 42
Finally, as submitted by the Belgian Government, it must be held that the fact that, in the case in the main proceedings, the goods at issue were, after customs clearance, repacked into single packages does not necessarily imply that those goods are not suitable for sale directly to users, as a unit, without repacking. In fact, taking into account the information provided by the referring court, it seems to be just as conceivable and justified that the audio/video systems and the corresponding loudspeakers may be sold together to users in separate boxes as in a single package. | 0 |
863,421 | 43. According to the Court’s case-law, as the rules regarding the manner in which the EU institutions arrive at their decisions are laid down in the Treaties and are not within the discretion of the Member States or of the institutions themselves, the Treaties alone may, in particular cases, empower an institution to amend a decision-making procedure established by the Treaties. Accordingly, to acknowledge that an institution can establish secondary legal bases for the adoption of legislative acts or implementing measures, whether for the purpose of strengthening or easing the detailed rules for the adoption of an act, is tantamount to according that institution a legislative power which exceeds that provided for by the Treaties (see, to that effect, judgments in Parliament v Council , C‑133/06, EU:C:2008:257, paragraphs 54 to 56; Parliament v Council , C‑317/13 and C‑679/13, EU:C:2015:223, paragraphs 42 and 43; and Parliament v Council , C‑540/13, EU:C:2015:224, paragraphs 32 and 33). | 80. Accordingly, the letter of formal notice from the Commission to the Member State and then the reasoned opinion issued by it delimit the subject-matter of the dispute, so that it cannot thereafter be extended. Consequently, the reasoned opinion and the application must be based on the same complaints (see, in particular, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 55, and Case C-139/00 Commission v Spain [2002] ECR I-6407, paragraph 18). | 0 |
863,422 | 53. It should first be borne in mind that the Community institutions have a wide discretion in the application of Article 109 of the OCT Decision (see, to that effect, Case C-390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 48, Case C‑110/97 Netherlands v Council [2001] ECR I‑8763, paragraph 61, and Case C‑301/97 Netherlands v Council [2001] ECR I‑8853, paragraph 73). | Sur la base des éléments factuels rappelés au point 64 du présent arrêt, il y a lieu de constater que, en ne prenant pas les mesures nécessaires pour interdire la gestion incontrôlée des déchets sur le site en cause, la République de Slovénie a manqué aux obligations qui lui incombent en vertu de l’article 36, paragraphe 1, de la directive 2008/98 (voir, en ce sens, arrêt du 11 décembre 2014, , C‑677/13, non publié, EU:C:2014:2433, point 81). | 0 |
863,423 | 51. In that regard, it must be recalled that although the desire to avoid disturbances on the labour market is undoubtedly an overriding reason in the public interest, workers who are employed by an undertaking established in a Member State and posted to another Member State for the purposes of providing services there do not purport to gain access to the labour market of that second State, as they return to their country of origin or residence after the completion of their work (see judgments in Rush Portuguesa , C‑113/89, EU:C:1990:142, paragraph 15; Commission v Luxembourg , EU:C:2004:655, paragraph 38; and Commission v Austria , EU:C:2006:595, paragraph 55). | 32. It follows that Directive 2000/78 must, as far as possible, be interpreted in a manner consistent with that convention. | 0 |
863,424 | 113. The Court observes that it is settled case-law that the statement of reasons required by Article 253 EC must be appropriate to the nature of the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the Community Court to exercise its power of review. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons for a measure meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, Joined Cases C-9/95, C-23/95 and C-156/95 Belgium and Germany v Commission [1997] ECR I-645, paragraph 44, and Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I-1719, paragraph 63). | 36
Therefore, unlike the element characterising the right to repayment of overpaid VAT, the right to deduct VAT, which is a right inherent in the VAT scheme established by the common system of VAT, is based on the existence of a tax that is due. | 0 |
863,425 | 13 Such an argument was, however, manifestly contrary to a consistent line of cases decided by the Court of Justice according to which, concerning classification in grade, the appointing authority has a wide discretion, in particular for the purpose of assessing the previous practical experience of a person recruited as an official (see, to that effect, Joined Cases 66/83 to 68/83 and 136/83 to 140/83 Hattet and Others v Commission [1985] ECR 2459, paragraph 28; Joined Cases 314/86 and 315/86 De Szy-Tarisse and Feyaerts v Commission [1988] ECR 6013, paragraph 26; and Case C-298/93 P Klinke v Court of Justice [1994] ECR I-3009, paragraph 15; see also Alexopoulou I, paragraph 19). | 21. In the field of trade marks, placing non-Community goods bearing a mark under a suspensive customs procedure such as that of external transit is not, per se, interference with the right of the proprietor of the mark to control the initial marketing in the Community ( Class International , paragraph 47). | 0 |
863,426 | 50
Moreover, with regard to judicial review of the conditions referred to in the previous paragraph, it must also be borne in mind that the EU legislature must be allowed a broad discretion when it is called upon to legislate in an area which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. The lawfulness of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate in relation to the objective which the competent institutions are seeking to pursue (see, to that effect, in the sphere of the protection of health, judgments of 14 December 2004, Swedish Match, C‑210/03, EU:C:2004:802, paragraph 48, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 52; see also, to that effect, with regard to EU environmental policy, judgments of 15 December 2005, Greece v Commission, C‑86/03, EU:C:2005:769, paragraphs 87 and 88, and of 21 December 2016, Associazione Italia Nostra Onlus, C‑444/15, EU:C:2016:978, paragraph 46). | 46
In that regard, it should be pointed out that, in view of the need to strike a balance between certain of the objectives and principles mentioned in Article 191 TFEU, and of the complexity of the implementation of those criteria, review by the Court must necessarily be limited to the question whether the European Parliament and the Council of the European Union, by adopting Article 3(3) of Directive 2001/42, committed a manifest error of appraisal (see, to that effect, judgments of 14 July 1998, Safety Hi-Tech, C‑284/95, EU:C:1998:352, paragraph 37; of 14 July 1998, Bettati, C‑341/95, EU:C:1998:353, paragraph 35; and of 15 December 2005, Greece v Commission, C‑86/03, EU:C:2005:769, paragraph 88). | 1 |
863,427 | 55. Furthermore, the question whether a statement of reasons satisfies the requirements must be assessed with reference not only to the wording of the impugned measure but also to its context and to the whole body of legal rules governing the matter in question ( British American Tobacco (Investments) and Imperial Tobacco , cited above, paragraph 166). | 13 The supply of prepared food and drink for immediate consumption is the outcome of a series of services ranging from the cooking of the food to its physical service in a recipient, whilst at the same time an infrastructure is placed at the customer' s disposal, including a dining room with appurtenances (cloak rooms, etc.), furniture and crockery. People, whose occupation consists in carrying out restaurant transactions, will have to perform such tasks as laying the table, advising the customer and explaining the food and drink on the menu to him, serving at table and clearing the table after the food has been eaten. | 0 |
863,428 | 27. Consequently, the fact that Mr and Mrs Schilling are German nationals cannot prevent them from relying on the rules on free movement of workers as against the Member State of which they are nationals, since they have exercised their right to freedom of movement and worked in another Member State (see, to that effect, De Groot , paragraph 80). | 22 IT FOLLOWS , THEREFORE , THAT ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .
| 0 |
863,429 | 41. It should be noted here that it is not necessary for that private financing to be provided principally by the pupils or their parents. According to consistent case-law, Article 50 EC does not require that the service be paid for by those for whom it is performed (see, for example, Case 352/85 Bond van Adverteerders and Others [1988] ECR 2085, paragraph 16; Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I-2549, paragraph 56; Smits and Peerbooms , paragraph 57; and Skandia and Ramstedt , paragraph 24). | 12 As the national court points out, it is true that the facts underlying the Barber judgment concerned a contracted-out occupational scheme governed by English law and not a supplementary occupational scheme such as that in question in the main proceedings. | 0 |
863,430 | 44 It follows that the members of the CNSD cannot be characterised as independent experts (see, to that effect, Case C-185/91 Reiff [1993] ECR I-5801, paragraphs 17 and 19; Case C-153/93 Delta Schiffahrts- und Speditionsgesellschaft [1994] ECR I-2517, paragraphs 16 and 18; and Joined Cases C-140/94 to C-142/94 DIP and Others [1995] ECR I-3257, paragraphs 18 and 19) and that they are not required, under the law, to set tariffs taking into account not only the interests of the undertakings or associations of undertakings in the sector which has appointed them but also the general interest and the interests of undertakings in other sectors or users of the services in question (judgments cited above, Reiff, paragraphs 18 and 24; Delta Schiffahrts- und Speditionsgesellschaft, paragraph 17; and DIP and Others, paragraph 18). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
863,431 | 153
The determination, in the context of the internal relationship of those held jointly and severally liable for payment of a fine, of the shares each of them is required to pay does not pursue that dual objective. That is a contentious issue, to be resolved at a later stage, and, in principle, the Commission no longer has any interest in the matter, where the fine has been paid in full by one or more of those held liable. Accordingly, the Commission cannot be required to determine such shares (see, to that effect, judgment of 10 April 2014, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission, C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraphs 60 to 64). | 44. In accordance with Article 13(B) of the Sixth Directive, the Member States exempt the leasing or letting of immovable property under conditions which they lay down for the purpose of ensuring the correct and straightforward application of the exemptions and of preventing any possible evasion, avoidance or abuse. The decision of a Member State, pursuant to Article 13(C) of that directive, to restrict the scope of the right to opt for taxation of leasing of immovable property may be justified, inter alia, by the same aims. | 0 |
863,432 | 48. It is true that the Court has recognised that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty. However, for an argument based on such a justification to be accepted, the Court requires a direct link to be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy, with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question (see, to that effect, judgments in Papillon , C‑418/07, EU:C:2008:659, paragraphs 43 and 44, and Commission v Germany , C‑211/13, EU:C:2014:2148, paragraph 55). | 33. The Court may refuse to rule on a question referred for a preliminary ruling from a national court only where it is quite obvious that the interpretation of European Union law that is sought bears no relation to the actual facts of the main action or its purpose, inter alia where the problem is hypothetical (see TeliaSonera Sverige , paragraph 16). | 0 |
863,433 | 32. The existence of a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, Case C-251/95 SABEL [1997] ECR I-6191, paragraph 22; Lloyd Schuhfabrik Meyer , paragraph 18; Medion , paragraph 27; OHIM v Shaker , paragraph 34; and Nestlé v OHIM , paragraph 33). | 112. Such an obligation may be discharged without it being necessary to respond expressly and exhaustively to all the arguments put forward by an applicant. | 0 |
863,434 | 34. According to the Court ' s case-law, the exemptions envisaged in Article 13 of the Sixth Directive are to be interpreted strictly since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, in particular, SDC , cited above, paragraph 20, and Kügler , cited above, paragraph 28). Those exemptions constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system from one Member State to another ( CPP , cited above, paragraph 15, and Commission v France , paragraph 21). | 59. Ces bénéficiaires font, dès lors, partie d’un cercle restreint, sans qu’il soit nécessaire d’examiner des conditions supplémentaires, relatives à des situations dans lesquelles ladite décision n’est pas assortie d’une injonction de récupération (arrêts du 17 septembre 2009, Commission/Koninklijke FrieslandCampina, C‑519/07 P, Rec. p. I‑8495, point 54, ainsi que Comitato «Venezia vuole vivere» e.a./Commission, précité, point 56). | 0 |
863,435 | 13 According to consistent case-law, as reflected in Article 7(1) of the Directive, the proprietor of a trade mark protected by the legislation of a Member State cannot rely on that legislation to prevent the import or marketing of a product which has been put on the market in another Member State by him or with his consent (see, in particular, Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11; Case C-10/89 CNL-SUCAL v HAG GF [1990] ECR I-3711, paragraph 12; and Joined Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb and Others v Paranova [1996] ECR I-3457, paragraph 31). | 31 That provision is framed in terms corresponding to those used by the Court in judgments which, in interpreting Articles 30 and 36 of the Treaty, have recognized in Community law the principle of the exhaustion of the rights conferred by a trade mark. It reiterates the case-law of the Court to the effect that the owner of a trade mark protected by the legislation of a Member State cannot rely on that legislation to prevent the importation or marketing of a product which was put on the market in another Member State by him or with his consent (see, in particular, Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11; Case C-10/89 CNL-SUCAL v HAG GF [1990] ECR I-3711, paragraph 12 ("HAG II"); and Case C-9/93 IHT Internationale Heiztechnik v Ideal Standard [1994] ECR I-2789, paragraphs 33 and 34). | 1 |
863,436 | 35. However, it should be pointed out that where the grounds of a judgment of the General Court disclose an infringement of EU law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (Case C‑210/98 P Salzgitter v Commission [2000] ECR I‑5843, paragraph 58, and Case C‑352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I‑2359, paragraph 136). | 42. In the main proceedings, Mr Rosado Santana, in his capacity as a career civil servant, is seeking essentially to challenge a difference in treatment arising when account was taken of seniority and professional experience acquired, for the purposes of an internal selection procedure. Periods of service as a career civil servant are taken into account whereas service as an interim civil servant is not, without – according to Mr Rosado Santana – the nature of the duties performed or their inherent characteristics being considered. Since the discrimination contrary to clause 4 of the framework agreement of which Mr Rosado Santana alleges that he is the victim concerns periods of service completed as an interim civil servant, the fact that he meanwhile became a career civil servant is irrelevant. | 0 |
863,437 | 68. Moreover, the Court’s finding in paragraphs 67 to 78 of its judgment in Nuova Agricast , to the effect that undertakings in the first category and those in the second category were not in a comparable situation in terms of the criterion of the need for the State aid, does not per se preclude the possibility of the Commission’s having an obligation to authorise transitional provisions for undertakings in the first category as well in order to comply with, inter alia, the principle of the protection of legitimate expectations. | 65 Moreover, the Court's case-law also shows that where, as in this case, implementation by the Council of a common policy requires it to assess a complex economic situation, its discretion is exercisable not only in relation to the nature and scope of the provisions which are to be adopted but also, to a certain extent, to the findings as to the basic facts, especially in the sense that it is free to base its assessment, if necessary, on findings of a general nature (see, in particular, SAM Schiffahrt and Stapf, paragraph 25). | 0 |
863,438 | 39. It is only when the grounds for exclusion concerned do not relate to the professional qualities of economic operators, and, therefore, do not fall within that exhaustive list that it is possible to consider whether those grounds may be permissible under the principles or other rules of EU public procurement law (see, to this effect, Fabricom , paragraphs 25 to 36; Michaniki , paragraphs 44 to 69; and Case C-538/07 Assitur [2009] ECR I-4219, paragraphs 21 to 33). | 26
In accordance with Article 10 of Decision 2011/278, the Member States, on the basis of the information collected pursuant to Article 7, are to calculate for each year the number of emission allowances allocated free of charge from 2013 onwards to each incumbent installation on their territory. | 0 |
863,439 | 60. As regards, first, the compulsory nature of the registration provided for by the Netherlands legislation, it is appropriate to recall that Article 1(2) of Directive 91/439 provides for mutual recognition of driving licences issued by other Member States and that the Court has held that that recognition is to be carried out without any formality (see Skanavi and Chryssanthakopoulos , paragraph 26, and Awoyemi , paragraph 41). | 38. It follows from the above that the plea examined must be rejected as inadmissible.
2. The existence of the failure to fulfil obligations
a) The pleas relating to the obligations to abolish aid schemes in so far as they were still in force and to cancel outstanding aid | 0 |
863,440 | 36. The Court has also held that the status of dependent family member does not presuppose the existence of a right to maintenance, otherwise that status would depend on national legislation, which varies from one State to another ( Lebon , paragraph 21). According to the Court, there is no need to determine the reasons for recourse to that support or to raise the question whether the person concerned is able to support himself by taking up paid employment. That interpretation is dictated in particular by the principle according to which the provisions establishing the free movement of workers, which constitute one of the foundations of the Community, must be construed broadly ( Lebon , paragraphs 22 and 23). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
863,441 | 40. It must be recalled, as a preliminary point, that it is clear from Article 225 EC and Article 58 of the Statute of the Court of Justice that an appeal is to be limited to points of law. It is settled case-law that the Court of First Instance therefore has exclusive jurisdiction to find the facts, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. That appraisal thus does not, save where the clear sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice in an appeal (see inter alia Case C‑136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 47 to 49; Case C‑390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 29, and the order in Case C-233/03 P(R) Linea GIG v Commission [2003] ECR I‑7911, paragraphs 34 and 35). | 47 In that respect it must be borne in mind that according to Article 168a of the EEC Treaty and the corresponding provisions of the ECSC and EAEC treaties there is a right of appeal on points of law only. That restriction is referred to in the first paragraph of Article 51 of the EEC Statute and the corresponding provisions of the ECSC and EAEC Statutes of the Court of Justice, which specify the grounds on which an appeal lies, namely lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant and the infringement of Community law by the Court of First Instance. | 1 |
863,442 | 90. In the absence of EU provisions in that area, it is for the legal order of each Member State to determine the criteria on the basis of which damage arising from an infringement of EU law on the award of public contracts must be determined and estimated (see, by analogy, Case C‑315/01 GAT [2003] ECR I‑6351, paragraph 46; and Case C 314/09 Strabag and Others [2010] ECR I-0000, paragraph 33) provided the principles of equivalence and effectiveness are complied with (see, to that effect, Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraph 98). | 75 It should be noted that that policy is also designed to protect the health and life of humans, animals and plants. | 0 |
863,443 | 42. Next, the compatibility of rules with the Community rules on competition cannot be assessed in the abstract (see, to this effect, Case C-250/92 DLG [1994] ECR I‑5641, paragraph 31). Not every agreement between undertakings or every decision of an association of undertakings which restricts the freedom of action of the parties or of one of them necessarily falls within the prohibition laid down in Article 81(1) EC. For the purposes of application of that provision to a particular case, account must first of all be taken of the overall context in which the decision of the association of undertakings was taken or produces its effects and, more specifically, of its objectives. It has then to be considered whether the consequential effects restrictive of competition are inherent in the pursuit of those objectives ( Wouters and Others , paragraph 97) and are proportionate to them. | 29. En ce qui concerne la procédure en manquement au titre de l’article 260, paragraphe 2, TFUE, il y a lieu de retenir comme date de référence pour apprécier l’existence d’un tel manquement celle de l’expiration du délai fixé dans la lettre de mise en demeure émise en vertu de cette disposition (voir, en ce sens, arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 27). | 0 |
863,444 | 54
It must be noted in that regard, in the first place, that, according to recitals 1 to 3 of that directive, such promotion of renewable energy sources, which is a high priority for the European Union, is justified in particular because the exploitation of those energy sources contributes to environmental protection and sustainable development, and can also contribute to security and diversification of energy supply and make it possible to meet the Kyoto Protocol targets more quickly (see, to that effect, judgment of 26 September 2013, IBV & Cie, C‑195/12, EU:C:2013:598, paragraph 56). | 32
Should the referring court have to conclude that the purposes do differ, the national legislation must lay down an obligation on the employer to grant the worker concerned a different period of annual leave proposed by him which is compatible with any overriding reasons relating to the interests of the employer, without excluding in advance the possibility that that period may fall outside the reference period for the annual leave in question (see, to this effect, judgment of 10 September 2009 in Vicente Pereda, C‑277/08, EU:C:2009:542, paragraphs 22 and 23). | 0 |
863,445 | 78
The necessary coherence of the system of judicial protection requires, in accordance with settled case-law, that when the validity of acts of the European Union institutions is raised before a national court or tribunal, the power to declare such acts invalid should be reserved to the Court under Article 267 TFEU (see, to that effect, judgments of 22 October 1987, Foto-Frost, 314/85, EU:C:1987:452, paragraph 17, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 62). The same conclusion is imperative with respect to decisions in the field of the CFSP where the Treaties confer on the Court jurisdiction to review their legality. | 31MOREOVER , THE ADVANCES IN PETROL AGAINST CRUDE OIL AGREED TO BY BP IN PURSUANCE OF THE PROCESSING AGREEMENT , AS THEY OCCUR WITHIN THE CONTEXT OF AN AGREEMENT WHOSE PURPOSE WAS SOLELY THE REFINING OF CRUDE OIL SUPPLIED BY ABG AND NOT THE SUPPLYING OF ABG WITH MOTOR SPIRIT , CANNOT SERVE AS A VALID ARGUMENT TO COMPARE ABG ' S POSITION IN THIS CASE IN RELATION TO BP WITH THAT OF A TRADITIONAL CUSTOMER OF BP DURING THE ABOVE-MENTIONED REFERENCE PERIOD .
| 0 |
863,446 | 77. À cet égard, il suffit de relever que, d’une part, l’affaire ayant donné lieu à l’arrêt EU-Wood-Trading, précité (voir, notamment, point 16 de celui-ci), portait sur l’interprétation d’une disposition du règlement n° 259/93, relatif au transfert des déchets, prévoyant expressément l’intervention des «autorités compétentes de destination et d’expédition». D’autre part, l’affaire ayant donné lieu à l’arrêt Commission/France, précité, concernait non pas, comme en l’espèce, une situation de transit intracommunautaire, mais l’importation dans la Communauté de spécimens provenant d’un État tiers, régie à l’époque par le règlement (CEE) n° 3626/82 du Conseil, du 3 décembre 1982, relatif à l’application dans la Communauté de la convention sur le commerce international des espèces de faune et de flore sauvages menacées d’extinction (JO L 384, p. 1), qui subordonnait l’importation des espèces visées à la présentation d’un permis d’importation délivré, à l’époque, conformément à l’article 10, paragraphe 1, sous b), de ce règlement et, actuellement, par un organe de gestion de l’État membre de destination dans les conditions prévues à l’article 4 du règlement n° 338/97. | 57. L’argument de la République italienne selon lequel la fixation, pour le départ à la retraite, d’une condition d’âge différente selon le sexe est justifiée par l’objectif d’éliminer des discriminations au détriment des femmes ne saurait prospérer. Même si l’article 141, paragraphe 4, CE autorise les États membres à maintenir ou à adopter des mesures prévoyant des avantages spécifiques destinés à prévenir ou à compenser des désavantages dans la carrière professionnelle, afin d’assurer une pleine égalité entre hommes et femmes dans la vie professionnelle, il ne saurait en être déduit que cette disposition permet la fixation d’une telle condition d’âge différente selon le sexe. En effet, les mesures nationales couvertes par ladite disposition doivent, en tout état de cause, contribuer à aider les femmes à mener leur vie professionnelle sur un pied d’égalité avec les hommes [voir, s’agissant de l’interprétation de l’article 6, paragraphe 3, de l’accord sur la politique sociale conclu entre les États membres de la Communauté européenne à l’exception du Royaume-Uni de Grande-Bretagne et d’Irlande du Nord (JO 1992, C 191, p. 91), arrêt Griesmar, précité, point 64]. | 0 |
863,447 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 145. It should be added that while, in principle, Article 101(1) TFEU does not apply to agreements which fall within the categories specified in Article 101(3) TFEU, clauses of licence agreements such as the clauses at issue in the main proceedings do not meet the requirements laid down by the latter provision for reasons stated in paragraphs 105 to 124 of the present judgment and therefore the possibility of Article 101(1) TFEU being inapplicable does not arise. | 1 |
863,448 | 55 It is, however, important to consider whether, notwithstanding the general application of that Regulation, the Netherlands Antilles may nevertheless be regarded as directly and individually concerned by it. The fact that an act is of general application does not prevent it from being of direct and individual concern to certain natural or legal persons (see the judgment in Case C-309/89 Codorniu v Council [1994] ECR I-1853, paragraph 19). | De surcroît, il y a lieu de rappeler que selon une jurisprudence constante de la Cour, un État membre ne saurait exciper de situation de son ordre interne pour justifier le non-respect des obligations et des délais résultant du droit de l’Union. En particulier, d’une part, les coûts liés à l’exécution complète des obligations découlant d’une directive ne sauraient justifier le non-respect de ces obligations (voir, en ce sens, arrêts du 18 octobre 2012, Commission/Royaume-Uni, C‑301/10, EU:C:2012:633, point 66, et du 6 novembre 2014, Commission/Belgique, C‑395/13, EU:C:2014:2347, point 51). D’autre part, l’exercice de voies de recours juridictionnelles, telles que celles invoquées au regard des décharges de Torremolinos (Malaga), de Montaña Los Giles (La Laguna, Tenerife), de La Serratilla (Abanilla) ou de Las Rellanas (Santomera), est sans incidence sur le bien-fondé d’un grief formulé dans le cadre d’une procédure en manquement (arrêt du 25 février 2016, Commission/Espagne, C‑454/14, non publié, EU:C:2016:117, point 45 et jurisprudence citée). | 0 |
863,449 | 76
The fact that, according to the results of observations made by the wind farm ‘AES Geo Energy’, to which the Republic of Bulgaria refers, red-breasted geese still use the areas in question and that, when the wind conditions are favourable, migratory birds are concentrated in the Kaliakra site does not stand in the way of that finding. The obligations to protect exist before any reduction in the number of birds has been observed or before the risk of a protected species becoming extinct has materialised (see, to that effect, judgment in Commission v Spain, C‑186/06, EU:C:2007:813, paragraph 36 and the case-law cited). | 41. En effet, conformément à la jurisprudence de la Cour, l’article 56 TFUE exige la suppression de toute restriction à la libre prestation des services imposée au motif que le prestataire est établi dans un État membre différent de celui dans lequel la prestation est fournie (voir arrêts FKP Scorpio Konzertproduktionen, C‑290/04, EU:C:2006:630, point 31; Centro Equestre da Lezíria Grande, C‑345/04, EU:C:2007:96, point 20, et X, C‑498/10, EU:C:2012:635, point 21). | 0 |
863,450 | 93. It should be observed that, in order to benefit from the protection introduced by Article 8(5) of Regulation No 40/94, the proprietor of the earlier mark must prove that use of the mark for which registration is sought would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. The proprietor of the earlier trade mark is not required, for that purpose, to demonstrate actual and present injury to its mark for the purposes of Article 8(5). When it is foreseeable that such injury will ensue from the use which the proprietor of the later mark may be led to make of its mark, the proprietor of the earlier mark cannot be required to wait for this actually to occur in order to be able to prohibit that use. The proprietor of the earlier mark must, however, prove that there is a serious risk that such an injury will occur in the future (see, by analogy, Case C‑252/07 Intel Corporation [2008] ECR I‑8823, paragraphs 37 and 38). | 22 The Court concluded (see the judgments in Kziber, cited above, paragraph 23 and Yousfi, cited above, paragraph 17) that that provision was capable of being applied directly. | 0 |
863,451 | 30. The question whether the repayment claimed in the dispute in the main proceedings seeks only to neutralise the economic burden of the tax unduly paid or, conversely, could lead to unjust enrichment for the benefit of the taxable person, is a question of fact to be determined by the national court, which is free to assess the evidence adduced before it following an economic analysis in which all the relevant circumstances are taken into account (see, to that effect, Case C‑147/01 Weber’s Wine World and Others [2003] ECR I-11365, paragraphs 96 and 100). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
863,452 | 66. On this point, it should be recalled, first, that in view of the objectives pursued by Regulation No 1049/2001, in particular the fact noted in recital 2 in the preamble that the public right of access to the documents of the institutions is connected with the democratic nature of those institutions and the fact that, as stated in recital 4 in the preamble and in Article 1, the purpose of the regulation is to give the public the widest possible right of access, the exceptions to that right set out in Article 4 of the regulation must be interpreted and applied strictly (see, to that effect, in relation to the legislation prior to Regulation No 1049/2001, Joined Cases C‑174/98 P and C‑189/98 P Netherlands and van der Wal v Commission [2000] ECR I‑1, paragraph 27; Council v Hautala , paragraphs 24 and 25; and, with reference to Regulation No 1049/2001, Case C‑266/05 P Sison v Council [2007] ECR I‑1233, paragraph 63). | 22. C’est en vain que le Royaume d’Espagne allègue les difficultés liées au caractère organique de ladite loi. En effet, selon une jurisprudence constante, un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier l’inobservation des obligations et délais prescrits par une directive (voir, notamment, arrêt du 13 juillet 2006, Commission/Portugal, C-61/05, Rec. p. I‑6779, point 31). | 0 |
863,453 | 26 The Court has already made it clear that the need to provide an interpretation of Community law which will be of use to the national court makes it essential to define the legal context in which the interpretation requested should be placed and that, in that respect, it may be convenient, in certain circumstances, for the facts of the case to be established and for questions of purely national law to be settled at the time the reference is made to the Court, so as to enable the latter to take cognizance of all the features of fact and of law which may be relevant to the interpretation of Community law which it is called upon to give (Joined Cases 36 and 71/80 Irish Creamery Milk Suppliers Association v Ireland [1981] ECR 735, paragraph 6). Without such information, the Court may find it impossible to give a useful interpretation (see Case 52/76 Benedetti v Munari [1977] ECR 163, paragraphs 20, 21 and 22, and Joined Cases 205 to 215/82 Deutsche Milchkontor v Germany [1983] ECR 2633, paragraph 36). | 36 AS REGARDS THE LAW APPLICABLE FOR THIS PURPOSE , IT MUST BE OBSERVED THAT IN REFERRING TO NATIONAL LAW AS REGARDS THE RECOVERY , OF AIDS UNDULY PAID ARTICLE 8 ( 1 ) OF REGULATION NO 729/70 MAKES NO DISTINCTION BETWEEN THE SUBSTANTIVE CONDITIONS FOR THEIR RECOVERY AND THE RULES OF PROCEDURE AND FORM WHICH MUST BE FOLLOWED IN RECOVERING THEM . THOSE CONDITIONS AND RULES , INCLUDING THOSE ALLOCATING THE BURDEN OF PROOF , ARE THEREFORE ALL DETERMINED BY NATIONAL LAW , SUBJECT TO THE RESTRICTIONS REFERRED TO ABOVE WHICH MAY DERIVE FROM COMMUNITY LAW IN THIS REGARD . THE INFORMATION GIVEN IN THE ORDERS FOR REFERENCE AS TO THE EXACT TERMS OF THE RELEVANT RULES OF NATIONAL LAW DOES NOT ENABLE THE COURT TO FORMULATE ANY FURTHER GUIDELINES FOR THE INTERPRETATION OF COMMUNITY LAW IN THIS REGARD .
| 1 |
863,454 | 61
It should, finally, be borne in mind that, according to the Court’s settled case-law, the choice of the legal basis for an EU measure must rest on objective factors amenable to judicial review, which include the aim and content of that measure (judgments of 23 October 2007 in Commission v Council, C‑440/05, EU:C:2007:625, paragraph 61, and of 26 November 2014 in Parliament and Commission v Council, C‑103/12 and C‑165/12, EU:C:2014:2400, paragraph 51). | 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 |
863,455 | 28 The national courts, whose task it is to apply the provisions of Community law in areas within their jurisdiction, must ensure that they take full effect (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraph 16, Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19, and Case C-453/99 Courage and Crehan [2001] ECR I-6297, paragraph 25). | 34 As for Mr Crispoltoni' s argument, it is based on the assumption that a misuse of powers may consist in the manifest unsuitability of a measure to the objective pursued, which will be considered below. | 0 |
863,456 | 15 S'agissant plus spécifiquement de la politique agricole commune et de la politique communautaire de l'environnement, la jurisprudence ne fournit aucun élément de droit permettant de faire en principe prévaloir l'une sur l'autre. Elle précise qu'une mesure communautaire ne saurait relever de l'action de la Communauté en matière d'environnement en raison du seul fait qu'elle tient compte des exigences de protection visées à l'article 130 R, paragraphe 2, du traité CE (arrêt du 29 mars 1990, Grèce/Conseil, C-62/88, Rec. p. I-1527, point 20). Les articles 130 R et 130 S laissent entières les compétences que la Communauté détient en vertu d'autres dispositions du traité et ne fournissent une base juridique que pour des actions spécifiques en matière d'environnement (voir, pour l'utilisation des filets maillants dérivants réglementée dans le cadre de la politique agricole commune, arrêt du 24 novembre 1993, Mondiet, C-405/92, Rec. p. I-6133, points 25 à 27). Doivent, en revanche, être fondées sur l'article 130 S du traité les dispositions qui relèvent spécifiquement de la politique de l'environnement (voir, pour des directives portant sur l'élimination des déchets, arrêt du 17 mars 1993, Commission/Conseil, précité), même si elles ont des incidences sur le fonctionnement du marché intérieur (voir, pour un règlement sur le transfert des déchets, arrêt du 28 juin 1994, Parlement/Conseil, C-187/93, Rec. p. I-2857, points 24 à 26) ou si elles poursuivent un objectif d'amélioration de la production agricole (voir, pour une directive concernant des produits phytopharmaceutiques, arrêt du 18 juin 1996, Parlement/Conseil, C-303/94, Rec. p. I-2943). | 40. Thus, it is not disputed that, by means of an artificial construction comprising several distinct stages, namely the establishment of AbfallgmbH, the conclusion of the waste disposal contract with that company and the transfer of 49% of its shares to Saubermacher AG, a public service contract was awarded to a semi-public company 49% of the shares in which were held by a private undertaking. | 0 |
863,457 | 41. The first such situation is where the European Union intends to implement a particular obligation assumed in the context of those WTO agreements and the second where the EU act at issue refers explicitly to specific provisions of those agreements (see, to that effect, in particular judgments in Fediol v Commission , 70/87, EU:C:1989:254, paragraphs 19 to 22; Nakajima v Council , C‑69/89, EU:C:1991:186, paragraphs 29 to 32; Biret et Cie v Council , C‑94/02 P, EU:C:2003:518, paragraph 73; and Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht , C‑401/12 P to C‑403/12 P, EU:C:2015:4, paragraph 56). | 28 Consequently, it is apparent that, on any view, the Parliament and the Council did explain why they considered that their action was in conformity with the principle of subsidiarity and, accordingly, that they complied with the obligation to give reasons as required under Article 190 of the Treaty. An express reference to that principle cannot be required. | 0 |
863,458 | 21. It must be observed that it is the established case-law of the Court that Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 have direct effect. As a consequence, both those provisions may be relied on by the Turkish nationals to whom they apply before the courts or tribunals of the Member States in order to prevent the application of inconsistent rules of national law (see judgments in Abatay and Others , C‑317/01 and C‑369/01, EU:C:2003:572, paragraphs 58 and 59, and Demirkan , C‑221/11, EU:C:2013:583, paragraph 38). | 45 AS TO THE FIRST SUBMISSION, ACCORDING TO THE WORDING OF ARTICLE 3 OF REGULATION NO 17, WHERE THE COMMISSION FINDS THAT THERE IS AN INFRINGEMENT OF ARTICLE 86, 'IT MAY BY DECISION REQUIRE THE UNDERTAKINGS ... CONCERNED TO BRING SUCH INFRINGEMENT TO AN END '. THIS PROVISION MUST BE APPLIED IN RELATION TO THE INFRINGEMENT WHICH HAS BEEN ESTABLISHED AND MAY INCLUDE AN ORDER TO DO CERTAIN ACTS OR PROVIDE CERTAIN ADVANTAGES WHICH HAVE BEEN WRONGFULLY WITHHELD AS WELL AS PROHIBITING THE CONTINUATION OF CERTAIN ACTION, PRACTICES OR SITUATIONS WHICH ARE CONTRARY TO THE TREATY . FOR THIS PURPOSE THE COMMISSION MAY, IF NECESSARY, REQUIRE THE UNDERTAKING CONCERNED TO SUBMIT TO IT PROPOSALS WITH A VIEW TO BRINGING THE SITUATION INTO CONFORMITY WITH THE REQUIREMENTS OF THE TREATY . | 0 |
863,459 | 51 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 52
That interpretation is borne out, first, by the first sentence of Article 8(2) of Decision 2011/695, which provides, without further restriction, that where the undertaking or person concerned objects to the disclosure of the information it may refer the matter to the hearing officer. | 0 |
863,460 | 25. None the less, for the purpose of applying those criteria, the relevant public’s perception is not necessarily the same in the case of a three-dimensional mark, which consists of the appearance of the product itself, as it is in the case of a word or figurative mark, which consists of a sign unrelated to the appearance of the products it denotes. Average consumers are not in the habit of making assumptions about the origin of products on the basis of their shape or the shape of their packaging in the absence of any graphic or word element, and it could therefore prove more difficult to establish distinctiveness in relation to such a three-dimensional mark than in relation to a word or figurative mark (see, in particular, Henkel v OHIM , paragraph 38, Mag Instrument v OHIM , paragraph 30, and Deutsche SiSi-Werke v OHIM , paragraph 28). | 32 However, since Article 2(4) constitutes a derogation from an individual right laid down by the Directive, such a national measure specifically favouring female candidates cannot guarantee absolute and unconditional priority for women in the event of a promotion without going beyond the limits of the exception laid down in that provision (Kalanke, paragraphs 21 and 22). | 0 |
863,461 | 38
It should be noted in that regard that a judgment in which the Court gives a preliminary ruling is binding on the national court, as regards the interpretation or the validity of the acts of the EU institutions in question, for the purposes of the decision to be given in the main proceedings (see, to that effect, judgment in Elchinov, C‑173/09, EU:C:2010:581, paragraph 29 and the case-law cited). Accordingly, the national court which, adjudicating as court of final instance, has complied with its obligation to make a reference to the Court for a preliminary ruling under the third paragraph of Article 267 TFEU, is bound, for the purposes of the decision to be given in the main proceedings, by the interpretation of the provisions at issue given by the Court and must, if necessary, disregard any national case-law which it considers inconsistent with EU law (see, to that effect, judgment in Elchinov, C‑173/09, EU:C:2010:581, paragraph 30). | 23 It follows from the foregoing that the aim of the quotas is to assure to each Member State a share of the Community' s total allowable catch, determined essentially on the basis of the catches from which traditional fishing activities, the local populations dependent on fisheries and related industries of that Member State benefited before the quota system was established . | 0 |
863,462 | 50. Point 13 of the Guidelines on the method of setting fines therefore pursues the objective of adopting, as the starting point for the setting of the fine imposed on an undertaking, an amount which reflects the economic significance of the infringement and the relative size of the undertaking’s contribution to it (judgments in Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraph 76; Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraph 57; and LG Display and LG Display Taiwan v Commission , C‑227/14 P, EU:C:2015:258, paragraph 53). | 53. It follows that, as the Court has previously held, point 13 of the Guidelines on the method of setting fines pursues the objective of adopting, as the starting point for the setting of the fine imposed on an undertaking, an amount which reflects the economic significance of the infringement and the relative size of the undertaking’s contribution to it. Consequently, while the concept of the value of sales referred to in point 13 of those guidelines admittedly cannot extend to encompassing sales made by the undertaking in question which do not fall within the scope of the alleged cartel, it would, however, be contrary to the goal pursued by that provision if that concept were to be understood as applying only to turnover achieved by the sales in respect of which it is established that they were actually affected by that cartel (judgments in Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraphs 76 and 88, and Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraph 57). | 1 |
863,463 | 43. According to settled case-law, the aims of Articles 39 EC to 42 EC would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the social security advantages guaranteed them by the legislation of one Member State, especially where those advantages represent the counterpart of contributions which they have paid. Such a consequence might discourage Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom (see, to that effect, Case C‑349/87 Paraschi [1991] ECR I‑4501, paragraph 22; Case C‑215/99 Jauch [2001] ECR I‑1901, paragraph 20; and Hosse , cited above, paragraph 24). | 11 CONSEQUENTLY, THE CONCEPT OF "MATTERS RELATING TO A CONTRACT" IS TO BE REGARDED AS AN INDEPENDENT CONCEPT WHICH, FOR THE PURPOSE OF THE APPLICATION OF THE CONVENTION, MUST BE INTERPRETED BY REFERENCE PRINCIPALLY TO THE SYSTEM AND OBJECTIVES OF THE CONVENTION IN ORDER TO ENSURE THAT IT IS FULLY EFFECTIVE . | 0 |
863,464 | 52. Conversely, by virtue of that principle, the fact that copyright protection applies with regard to the future consequences of situations which are not definitively settled means that it has an effect on a third party’s rights to continue the exploitation of subject-matter which is protected afresh by an intellectual property right (see, to that effect, Butterfly Music , paragraph 24). | 16 Wiljo contests that view. It maintains that the national authorities have primary responsibility for administering the Fund and that it was therefore reasonable for it to assume that the Commission's decision could be challenged in proceedings against those authorities before the national courts, particularly in view of the Commission's statement, in its letter of 6 May 1993, that a copy of the decision was to be sent to the Belgian authorities. | 0 |
863,465 | 179
The review of legality is supplemented by the unlimited jurisdiction conferred on the EU judicature by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU. That jurisdiction empowers the competent Court, in addition to carrying out a mere review of legality with regard to the penalty, to substitute its own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or penalty payment imposed (judgment of 8 December 2011, Chalkor v Commission, C‑386/10 P, EU:C:2011:815, paragraph 63 and the case-law cited). | 77 AS REGARDS THE ANTWERP MEETING THERE IS NO WRITTEN RECORD OF IT EXCEPT THE LETTERS SENT BY MR TODD OF SHRIRO TO ITS TWO MAIN CUSTOMERS AND THOSE TAKING PART IN THE MEETING WERE UNABLE TO GIVE A CONSISTENT EXPLANATION OF ITS PURPOSE .
| 0 |
863,466 | 141. First of all, it is apparent from that case‑law that Article 253 EC cannot be interpreted as requiring that the Council provide a detailed answer to the observations made by the appellant at its consultation prior to the adoption of the decision at issue (see, by analogy, Joined Cases 3/58 to 18/58, 25/58 and 26/58 Erzbergbau and Others v High Authority [1960] ECR 173, 197, and Joined Cases 142/84 and 156/84 British American Tobacco and Reynolds Industries v Commission [1987] ECR 4487, paragraphs 72 and 73). | 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 |
863,467 | 43. It should be borne in mind, as a preliminary point, that in accordance with the Court’s settled case-law, the interpretation of a provision of EU law requires that account be taken not only of its wording and the objectives it pursues, but also its context and the provisions of EU law as a whole. The origins of a provision of EU law may also provide information relevant to its interpretation (see, inter alia, judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council , C‑583/11 P, EU:C:2013:625, paragraph 50 and the case-law cited). | 46 For the rest, the Commission's action must be dismissed. | 0 |
863,468 | 17 Since measures emanating from bodies which have been established by an international agreement of that type, and which have been entrusted with responsibility for its implementation, are directly linked to the agreement which they implement, they form part of the Community legal order (see Case C-192/89 S.Z. Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, paragraph 10). Since the arrangements of the Joint Committee are to be regarded as a measure required for the application of the Convention under Article 15(2)(b), that recommendation is directly linked to the Convention. The arrangements of the Joint Committee therefore form part of Community law. | 27 THE TERMS OF ARTICLE 3 ( 2 ) OF THE DIRECTIVE , WHICH STATES THAT ' PREVIOUS CRIMINAL CONVICTIONS SHALL NOT IN THEMSELVES CONSTITUTE GROUNDS FOR THE TAKING OF SUCH MEASURES ' MUST BE UNDERSTOOD AS REQUIRING THE NATIONAL AUTHORITIES TO CARRY OUT A SPECIFIC APPRAISAL FROM THE POINT OF VIEW OF THE INTERESTS INHERENT IN PROTECTING THE REQUIREMENTS OF PUBLIC POLICY , WHICH DOES NOT NECESSARILY COINCIDE WITH THE APPRAISALS WHICH FORMED THE BASIS OF THE CRIMINAL CONVICTION .
| 0 |
863,469 | 36. In that regard, it should be pointed out that, in order to determine whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from now well established case-law that the purpose of the legislation concerned must be taken into consideration (see Case C-157/05 Holböck [2007] ECR I‑4051, paragraph 22 and the case-law cited). | 102. Compte tenu des éléments qui précèdent, il convient de constater que la procédure suivie devant le Tribunal a violé l’article 47, deuxième alinéa, de la Charte en ce qu’elle a méconnu les exigences liées au respect du délai de jugement raisonnable, ce qui constitue une violation suffisamment caractérisée d’une règle de droit ayant pour objet de conférer des droits aux particuliers (arrêt du 4 juillet 2000, Bergaderm et Goupil/Commission, C‑352/98 P, Rec. p. I‑5291, point 42). | 0 |
863,470 | 47. Likewise, Article 3(1)(g) EC also cannot, by itself, produce legal obligations for the Member States. That provision is limited to indicating, as the Court has already clarified, an objective which must, however, be specified more closely in other provisions of the Treaty, in particular those concerning competition rules (see, to that effect, Case 322/81 Nederlandsche Banden‑Industrie‑Michelin v Commission [1983] ECR 3461, paragraph 29, and Alsthom Atlantique , paragraph 10). | 20. As regards the third criteria, the French Government submits that the mere proliferation of a plant species is not sufficient to establish an undesirable disturbance so long as there is no disruption to the balance of other organisms present in the water. | 0 |
863,471 | 35
Moreover, contrary to the Commission’s submissions, the fact that the measure is attributable to the Member State concerned, as established in paragraph 22 above, does not mean that it may be inferred that that Member State exercises a dominant influence over an undertaking in which it is the majority shareholder, within the meaning of the judgment of 16 May 2002, France v Commission (C‑482/99, EU:C:2002:294, paragraphs 38 and 39). There is nothing in the State’s conduct as legislator to suggest that it exercised such influence in its capacity as majority shareholder in an undertaking. | 45. However, in structuring their tax system and, in particular, when they establish a mechanism for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, Member States must comply with the requirements of Community law and especially those imposed by the Treaty provisions on free movement. | 0 |
863,472 | 23. Article 6(2) and (5) of Directive 2002/58 contains an exception to the confidentiality of communications laid down in Article 5(1) by authorising traffic data processing in accordance with the requirements of billing services (see, to that effect, Case C‑275/06 Promusicae [2008] ECR I‑271, paragraph 48). As it constitutes an exception, that provision of that directive, and therefore also the words ‘under the authority’, are to be interpreted strictly (see Case C‑16/10 The Number (UK) and Conduit Enterprises [2011] ECR I‑691, paragraph 31). Such an interpretation requires that the service provider has an actual power of supervision which enables him to determine whether the assignee of the claims for payment is acting in compliance with the conditions imposed on it with respect to the processing of traffic data. | 29 The Court did, admittedly, accept that that criterion cannot be regarded as exclusive, inasmuch as pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune, paragraph 44). | 0 |
863,473 | 19. In that regard, it is clear from the case-law that the Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of 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 Cases C‑284/06 Burda [2008] ECR I‑4571, paragraph 37 and the case-law cited, and Case C‑266/09 Stichting Natuur en Milieu and Others [2010] ECR I‑0000, paragraph 27). | 30 Mr McLachlan therefore has rights against the competent institutions of the United Kingdom in respect of the periods of insurance completed in that State and against the French institutions in respect of the periods completed in France. | 0 |
863,474 | 39. Furthermore, in accordance with the first paragraph of Article 50 EC, the provisions of the Treaty concerning freedom to supply services apply only if those relating to the right of establishment do not apply. Therefore Article 49 EC is also not relevant in the present proceedings. The construction of roadside service stations by the legal persons referred to in Article 48 EC necessarily implies that they have access to the territory of the host Member State with a view to a stable and continuous participation in the economic life of that State, in particular by the setting up of agencies, branches or subsidiaries (see, by way of analogy, Gebhard , paragraphs 22 to 26, and Case C‑171/02 Commission v Portugal [2004] ECR I‑5645, paragraphs 24 and 25). | 29 Next, the time-limit at issue is applicable not solely to a particular kind of charge which has previously been declared incompatible with Community law but to a whole range of internal charges and taxes for which the legislation has standardised the rules on time-limits and limitation periods. | 0 |
863,475 | 58. It is settled law that national authorities must ensure, inter alia, that qualifications obtained in another Member State are accorded their proper value and duly taken into account (see, inter alia, Case C‑340/89 Vlassopoulou [1991] ECR I‑2357, paragraph 16; Case C‑31/00 Dreessen [2002] ECR I‑663, paragraphs 23 and 24; and Rubino , paragraph 34). | 23 The purpose of the present reference for a preliminary ruling is not therefore to ascertain whether, in the case in the main proceedings, the national authorities are required to recognise Mr Dreessen's diploma as being equivalent to the qualifications in architecture referred to in Directive 85/384, but to ascertain whether those authorities must examine whether Mr Dreessen's professional qualifications and experience correspond in full or in part to the requirements and conditions for access to the profession of architect in Belgium and, depending on the outcome of that examination, accord him the right to practise that profession there. | 1 |
863,476 | 59
When national courts apply domestic law they are therefore bound to interpret it, so far as possible, in the light of the wording and the purpose of the framework decision concerned in order to achieve the result sought by it. This obligation to interpret national law in conformity with EU law is inherent in the system of the FEU Treaty, since it permits national courts, for the matters within their jurisdiction, to ensure the full effectiveness of EU law when they rule on the disputes before them (see judgment of 5 September 2012, Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraph 54 and the case-law cited). | 22 Accordingly, the reply to the first question is that Article 2(a) of the directive is to be interpreted as covering a statement of views given by a countryside protection authority in development consent proceedings if that statement is capable of influencing the outcome of those proceedings as regards interests pertaining to the protection of the environment.
Second question | 0 |
863,477 | 13 As the Court pointed out in paragraph 14 of its judgment in Case C-200/96 Metronome Musik v Music Point Hokamp [1998] ECR I-1953, the principle of exhaustion of distribution rights where copyright works are offered for sale by the rightholder or with his consent is expressed in the settled case-law according to which, whilst Article 36 of the EC Treaty allows derogations from the fundamental principle of the free movement of goods on grounds of the protection of industrial and commercial property, such derogations are allowed only to the extent to which they are justified by the fact that they safeguard the rights which constitute the specific subject-matter of that property. However, the exclusive right guaranteed by the legislation of a Member State on industrial and commercial property is exhausted when a product has been lawfully distributed on the market in another Member State by the actual proprietor of the right or with his consent (see in particular Joined Cases 55/80 and 57/80 Musik-Vertrieb Membran and K-tel International v GEMA [1981] ECR 147, paragraphs 10 and 15, and Case 58/80 Dansk Supermarked v Imerco [1981] ECR 181, paragraph 11). | 54 Consequently, to afford resident subsidiaries of non-resident companies the possibility of making a group income election would do no more than allow them to retain the sums which would otherwise be payable by way of ACT until such time as MCT falls due. They would thus enjoy the same cashflow advantage as resident subsidiaries of resident parent companies, there being no other difference assuming equal bases of assessment between the amounts of MCT for which the two types of subsidiary are liable in respect of the same accounting period. | 0 |
863,478 | 20 Furthermore, the Court has consistently held (see Joined Cases 141/81, 142/81 and 143/81 Holdijk and Others [1982] ECR 1299, paragraph 12, and Case 118/86 Openbaar Ministerie v Nertsvoederfabriek Nederland [1987] ECR 3883, paragraph 12) that the establishment of a common organization of the agricultural markets pursuant to Article 40 of the Treaty does not have the effect of exempting agricultural producers from any national provisions intended to attain objectives other than those covered by the common organization, even though such provisions may, by affecting the conditions of production, have an impact on the volume or the cost of national production and therefore on the operation of the common market in the sector concerned. The prohibition of any discrimination between producers in the Community, laid down in the second subparagraph of Article 40(3) of the Treaty, refers to the objectives pursued by the common organization and not to the various conditions of production resulting from national rules which are general in character and pursue other objectives (see Holdijk and Others, cited above, paragraph 12). | 5 THE COMMISSION HAS DISPUTED THE ADMISSIBILITY OF THE APPLICATION SUBMITTING THAT IN THE COURSE OF THE PROCEEDINGS THE APPLICANT HAD LOST ANY INTEREST IN SUING SINCE IN THE MEANTIME SHE HAS BEEN APPOINTED AN OFFICIAL OF THE EUROPEAN PARLIAMENT IN FEBRUARY 1979 . | 0 |
863,479 | 34 In particular, a Member State infringes the prohibitions laid down in Article 90(1) and Article 86 of the Treaty if, by adopting rules governing the port duties to be paid for the use of ports belonging to a public undertaking, it induces that undertaking to abuse the dominant position it occupies within the common market or a substantial part of it (see, to that effect, Case C-18/93 Corsica Ferries [1994] ECR I-1783, paragraph 43). | En effet, la thèse défendue par H&R ChemPharm suppose de manière erronée, eu égard au point 6 des lignes directrices de 2006 et à la jurisprudence de la Cour, que la détermination du montant de l’amende à infliger par la Commission est le résultat d’un exercice arithmétique précis, susceptible de conduire à l’infliction d’une amende d’un montant le moins élevé possible (voir, en ce sens, arrêt du 2 octobre 2003, Salzgitter/Commission, C‑182/99 P, EU:C:2003:526, point 75). | 0 |
863,480 | 14 However, it is clear from the case-law of the Court that the onus may shift when that is necessary to avoid depriving workers who appear to be the victims of discrimination of any effective means of enforcing the principle of equal pay. Accordingly, when a measure distinguishing between employees on the basis of their hours of work has in practice an adverse impact on substantially more members of one or other sex, that measure must be regarded as contrary to the objective pursued by Article 119 of the Treaty, unless the employer shows that it is based on objectively justified factors unrelated to any discrimination on grounds of sex (Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, at paragraph 31, Case C-33/89 Kowalska [1990] ECR I-2591, at paragraph 16, and C-184/89 Nimz [1991] ECR I-297, at paragraph 15). Similarly, where an undertaking applies a system of pay which is wholly lacking in transparency, it is for the employer to prove that his practice in the matter of wages is not discriminatory, if a female worker establishes, in relation to a relatively large number of employees, that the average pay for women is less than that for men (Case 109/88 Danfoss [1989] ECR 3199, at paragraph 16). | 39. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them ( Wilson , paragraphs 50 and 51). | 0 |
863,481 | 87. Moreover, the Court of Justice has held that, by virtue of the obligations arising from the FEU Treaty and assumed on ratification, Member Sates are under a duty not to obstruct the direct applicability inherent in regulations, given that the scrupulous observation of this duty is an indispensable requisite for the simultaneous and uniform application of European Union regulations throughout the Union (see, to that effect, Case 34/73 Variola [1973] ECR 981, paragraph 10; Case 94/77 Zerbone [1978] ECR 99, paragraphs 24 and 25; and Case 272/83 Commission v Italy [1985] ECR 1057, paragraph 26). In particular, Member States must not adopt a measure by which the Community nature of a legal rule and the consequences which arise from it are concealed from the persons concerned (see Variola , paragraph 11; Zerbone , paragraph 26; Case C‑113/02 Commission v Netherlands [2004] ECR I‑9707, paragraph 16; and Case C‑316/10 Danske Svineproducenter [2011] ECR I‑13721, paragraph 41). | 36. It should be borne in mind that the definition of ‘regulated profession’ within the meaning of Directive 2005/36 is a matter of EU law (see judgments in Rubino , C‑586/08, EU:C:2009:801, paragraph 23 and Peňarroja Fa , C‑372/09 and C‑373/09, EU:C:2011:156, paragraph 27). | 0 |
863,482 | 43. Selon la jurisprudence de la Cour, l’interdiction de telles mesures édictée à l’article 28 CE vise toute réglementation des États membres susceptible d’entraver directement ou indirectement, actuellement ou potentiellement, le commerce intracommunautaire (voir en ce sens, notamment, arrêts du 16 novembre 2000, Commission/Belgique, C-217/99, Rec. p. I-10251, point 16; du 26 octobre 2006, Commission/Grèce, C-65/05, Rec. p. I-10341, point 27, et Commission/Finlande, précité, point 30). Ainsi, le seul fait d’être dissuadé d’introduire ou de commercialiser les produits en question dans l’État membre concerné constitue, pour l’importateur, une entrave à la libre circulation des marchandises (voir, en ce sens, arrêts Commission/Belgique, précité, point 18, et du 7 juin 2007, Commission/Belgique, C-254/05, Rec. p. I-4269, point 30). | 32. À cet égard, il convient de rappeler qu’il résulte des articles 1 er , paragraphe 2, et 73 de la directive TVA que le principe du système commun de TVA consiste à appliquer aux biens et aux services un impôt général sur la consommation exactement proportionnel au prix de ceux-ci et que la base d’imposition comprend tout ce qui constitue la contrepartie obtenue ou à obtenir par le fournisseur de biens ou le prestataire de services pour les opérations visées de la part de l’acquéreur, du preneur ou d’un tiers. L’article 78 de cette directive énumère certains éléments qui sont à comprendre dans la base d’imposition. Selon l’article 78, sous a), de ladite directive, la TVA n’est pas à comprendre dans ladite base. | 0 |
863,483 | 19
The system on which fair compensation is based and the notion and level of that compensation are linked to the harm resulting for the author from the reproduction for private use of his protected work, without his authorisation. From that perspective, fair compensation must be regarded as recompense to rightholders for the harm suffered by them (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 40; 16 June 2011 in Stichting de Thuiskopie, C‑462/09, EU:C:2011:397, paragraph 24; 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraph 47; 10 April 2014 in ACI Adam and Others, C‑435/12, EU:C:2014:254, paragraph 50; and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 21). | 50. First, it must be examined whether a farmer wishing to challenge an administrative act by the Direktor concerning him must participate in person in the legal proceedings. In this connection, it is apparent from the observations submitted to the Court that an individual in a position such as that of Agrokonsulting is not obliged to appear in person but can be represented by a lawyer, a spouse, a first-degree relative in the ascending or descending line, legal counsel or an employee with legal training. The Bulgarian Government adds that legal aid is granted where it is demonstrated that an individual does not have sufficient resources to pay for a lawyer’s services. In addition, according to that government, the costs, including lawyers’ fees, are awarded to the party who is successful in such an action, if that party has applied for them. Costs are also awarded to the applicant where the case is closed following the withdrawal of the contested administrative act. Furthermore, according to the Direktor, in actions concerning administrative acts issued by him, a statement by the applicant that the contested act is unlawful is sufficient to shift the burden of proving the lawfulness of that act onto the authorities. So far as necessary, it is for the referring court, which, unlike the Court in a case referred under Article 267 TFEU, has jurisdiction to interpret Bulgarian law, to verify these points. | 0 |
863,484 | 46. It should be recalled, however, that Directive 98/59 establishes minimum protection with regard to informing and consulting workers in the event of collective redundancies (see judgment in Confédération générale du travail and Others , C‑385/05, EU:C:2007:37, paragraph 44). Article 5 of that directive gives Member States the right to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to promote or to allow the application of collective agreements more favourable to workers. | 73. Furthermore, Article 78‑2, fourth paragraph, of the Code of Criminal Procedure, which authorises controls irrespective of the behaviour of the person concerned and of specific circumstances giving rise to a risk of breach of public order, contains neither further details nor limitations on the power thus conferred – in particular in relation to the intensity and frequency of the controls which may be carried out on that legal basis – for the purposes of preventing the practical application of that power, by the competent authorities, from leading to controls with an effect equivalent to border checks within the meaning of Article 21(a) of Regulation No 562/2006. | 0 |
863,485 | 69. The freedom of establishment conferred on nationals of one Member State in the territory of another Member State includes in particular access to and exercise of activities of self-employed persons under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13, and, to that effect, Commission v Austria , paragraph 27). In other words, Article 43 EC prohibits the Member States from laying down in their laws conditions for the pursuit of activities by persons exercising their right of establishment there which differ from those laid down for its own nationals ( Commission v Austria , paragraph 28). | 36. Deuxièmement, selon une jurisprudence constante, une limitation des effets dans le temps d’un arrêt constitue une mesure exceptionnelle qui suppose qu’il existe un risque de répercussions économiques graves, dues en particulier au nombre élevé de rapports juridiques constitués de bonne foi sur la base de la réglementation considérée comme étant validement en vigueur et qu’il apparaisse que les particuliers et les autorités nationales avaient été incités à adopter un comportement non conforme au droit de l’Union en raison d’une incertitude objective et importante quant à la portée des dispositions du droit de l’Union, incertitude à laquelle avaient éventuellement contribué les comportements mêmes adoptés par d’autres États membres ou par la Commission européenne (voir, notamment, arrêt du 13 décembre 2012, Forposta et ABC Direct Contact, C‑465/11, point 45 et jurisprudence citée). | 0 |
863,486 | 31. It must be noted in that regard that it is settled case-law that Community provisions must be interpreted and applied uniformly in the light of the versions existing in all the Community languages (see, to that effect, inter alia, Case 19/67 Van der Vecht [1967] ECR 345, 354; Case C-219/95 P Ferriere Nord v Commission [1997] ECR I-4411, paragraph 15; and Case C-371/02 Björnekulla Fruktindustrier [2004] ECR I-5791, paragraph 16). Where there is divergence between the various language versions of a Community text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (Case C-437/97 EKW and Wein & Co [2000] ECR I-1157, paragraph 42, and Case C-1/02 Borgmann [2004] ECR I‑3219, paragraph 25). | 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 |
863,487 | 35. Since a Member State has sovereignty over the continental shelf adjacent to it — albeit functional and limited sovereignty (see, to that effect, Case C‑111/05 Aktiebolaget NN [2007] ECR I‑2697, paragraph 59) — work carried out on fixed or floating installations positioned on the continental shelf, in the context of the prospecting and/or exploitation of natural resources, is to be regarded as work carried out in the territory of that State for the purposes of applying EU law (see, to that effect, Case C‑37/00 Weber [2002] ECR I‑2013, paragraph 36, and Case C‑6/04 Commission v United Kingdom [2005] ECR I‑9017, paragraph 117). | 45. However, provided that an appellant challenges the interpretation or application of EU law by the General Court, the points of law examined at first instance may be discussed again in the course of an appeal (judgment in Salzgitter v Commission C‑210/98 P, EU:C:2000:397, paragraph 43). If an appellant could not thus base its appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose ( Interporc v Commission , EU:C:2003:125, paragraph 17). | 0 |
863,488 | 81. The possibility of excluding anti-competitive conduct from the scope of Articles 81 EC and 82 EC on the ground that it has been required of the undertakings in question by existing national legislation or that the legislation has precluded all scope for any competitive conduct on their part has thus been accepted only to a limited extent by the Court of Justice (see Case 41/83 Italy v Commission [1985] ECR 873, paragraph 19; Joined Cases 240/82 to 242/82, 261/82, 262/82, 268/82 and 269/82 Stichting Sigarettenindustrie and Others v Commission [1985] ECR 3831, paragraphs 27 to 29; and Case C‑198/01 CIF [2003] ECR I‑8055, paragraph 67). | 73 SUBPARAGRAPH 1 OF ARTICLE 1 ( 1 ) OF THE CONTESTED DECISION MUST THEREFORE BE ANNULLED .
CHAPTER 2
THE COMPLAINT OF A CONCERTED PRACTICE HAVING AS ITS OBJECT THE PROTECTION OF THE NETHERLANDS MARKET | 0 |
863,489 | 39. In this connection, Regulation No 1610/96 seeks to limit the erosion of the effective protection accorded to patented inventions in the area of plant protection by reason, in particular, of the time required to obtain an MA. The supplementary protection certificate is designed to re-establish a sufficient period of effective protection of the patent by permitting the holder to enjoy an additional period of exclusivity on the expiry of the basic patent which is intended to compensate, at least in part, for the delay to the commercial exploitation of his invention by reason of the time which has elapsed between the date on which the application for the patent was filed and the date on which the first MA in the European Union was granted ( Hogan Lovells International , EU:C:2010:673, paragraphs 49 and 50). | 37. It follows from the wording of that note that the ‘specific function’ performed by a machine working with an automatic data-processing machine must be a function ‘other than data processing’ (see Olicom , paragraph 30). | 0 |
863,490 | 44. Such restrictions may nevertheless be permitted provided that the national measures concerned pursue an objective in the public interest, are applied in a non-discriminatory manner and comply with the principle of proportionality, that is to say, are appropriate for securing the attainment of that objective and do not go beyond what is necessary in order to attain it (see, to that effect, Konle , cited above, paragraph 40; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 33; Reisch and Others , paragraph 33; and Salzmann , paragraph 42). | 33 Such restrictions may nevertheless be permitted if the national rules pursue, in a non-discriminatory way, an objective in the public interest and if they observe the principle of proportionality, that is if the same result could not be achieved by other less restrictive measures. | 1 |
863,491 | 23. S’agissant de la libre prestation des services, il convient de constater que la LIS, même si l’interprétation de celle-ci défendue par le Royaume d’Espagne était retenue, soumet à un régime fiscal différent les dépenses afférentes à des activités de R & D‑IT réalisées par des sous-traitants selon qu’elles sont exécutées en Espagne ou à l’étranger. Une telle législation instaure donc une différence de traitement fondée sur le lieu d’exécution de la prestation de services et constitue une restriction au sens de l’article 49 CE (voir, en ce sens, arrêts du 28 octobre 1999, Vestergaard, C‑55/98, Rec. p. I‑7641, point 21, ainsi que Laboratoires Fournier, précité, points 15 et 16). | 28. The additional milk levy scheme is based on a distinction between reference quantities for milk sold directly for consumption and those for milk delivered to purchasers (see, to that effect, Case C-288/97 Consorzio Caseifici dell ' Altopiano di Asiago [1999] ECR I-2575, paragraph 18). | 0 |
863,492 | 71. That provision is, however, subject to compliance with the conditions laid down in particular in Chapter IV of Directive 2003/86. Article 7(1)(c) of that directive forms part of those conditions and allows the Member States to require evidence that the sponsor has stable and regular resources which are sufficient to maintain himself and the members of his family without recourse to the social assistance system of the Member State concerned. That provision also states that Member States are to evaluate those resources by reference to their nature and regularity and may take into account the level of minimum national wages and pensions as well as the number of family members ( Chakroun , paragraph 42). | 70. With regard to the justification of the cohesion of the tax system, it is established that the need to preserve such cohesion requires the existence of a direct link between a tax advantage and a corresponding disadvantage (see Case 300/90 Commission v Belgium , paragraph 14; Case C‑484/93 Svensson and Gustavsson [1995] ECR I‑3955, paragraph 18; ICI , paragraph 29; Vestergaard , paragraph 24; Case C‑478/98 Commission v Belgium , paragraph 35; and X and Y , paragraph 52). | 0 |
863,493 | 111. The Court of Justice has already had occasion to hold that the decision not to raise objections under Article 88(3) EC, which is taken within a short period of time, must simply set out the reasons for which the Commission takes the view that it is not faced with serious difficulties in assessing the compatibility of the aid at issue with the common market, and that even a succinct statement of reasons for that decision must be regarded as sufficient for the purpose of satisfying the requirement to state adequate reasons laid down in Article 253 TFEU if it nevertheless discloses in a clear and unequivocal fashion the reasons for which the Commission considered that it was not faced with serious difficulties, the question of whether the reasoning is well founded being a separate matter (see Case C‑333/07 Régie Networks [2008] ECR I‑10807, paragraphs 65, 70 and 71). | 17 The concept of public security, within the meaning of the Treaty articles cited in the preceding paragraph, covers both a Member State's internal security, as in the main proceedings in Johnston, and its external security (in this connection, see Case C-367/89 Richardt and `Les Accessoires Scientifiques' [1991] ECR I-4621, paragraph 22, and Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 26). | 0 |
863,494 | 21 Under Article 12 EC, the principle of non-discrimination applies [w]ithin the scope of application of this Treaty and without prejudice to any special provisions contained therein. By this latter expression, Article 12 EC refers in particular to other Treaty provisions in which the general principle which it sets out is given concrete form in respect of specific situations. Such is the case, inter alia, with regard to the provisions on the free movement of workers (see, in this connection, Case 186/87 Cowan [1989] ECR 195, paragraph 14).
The principle of equal treatment provided for by the Treaty | 42. For the purposes of classification under the appropriate heading, it is important, finally, to recall that the intended use of a product may constitute an objective criterion in relation to tariff classification if it is inherent in the product, and such inherent character must be capable of being assessed on the basis of the product's objective characteristics and properties (see Krings paragraph 30, Ikegami , paragraph 23, and Proxxon, paragraph 31). | 0 |
863,495 | 27. The concept of ‘parental responsibility’ is given a broad definition in Article 2(7) of Regulation No 2201/2003, in that it includes all rights and duties relating to the person or the property of a child which are given to a natural or legal person by judgment, by operation of law or by an agreement having legal effect (judgments in C , C‑435/06, EU:C:2007:714, paragraph 49, and C , C‑92/12 PPU, EU:C:2012:255, paragraph 59). Moreover, while Article 1(2) of that regulation contains a list of matters covered by the regulation as ‘parental responsibility’, the list is not exhaustive but is only to be used as a guide, as is shown by the use of the words ‘in particular’ (judgments in C , C‑435/06, EU:C:2007:714, paragraph 30, and C , C‑92/12 PPU, EU:C:2012:255, paragraph 63). | 24 Similarly, neither the alleged trade usage nor any divergent application of the rules in certain Member States can influence the interpretation of the CCT which is based on the wording of the tariff headings. | 0 |
863,496 | 33. That distinctive character must be assessed, first, by reference to the products or services in respect of which registration has been applied for and, second, by reference to the perception of the relevant public, which consists of average consumers of the products or services in question, who are reasonably well informed and reasonably observant and circumspect (see, inter alia, Linde , paragraph 41, and Case C‑363/99 Koninklijke KPN Nederland [2004] ECR I‑0000, paragraph 34). | 72. However, while a residence requirement is, in principle, appropriate for the purpose of ensuring such a connection, if it is to be proportionate it cannot go beyond what is necessary in order to attain that objective. More specifically, its application by the national authorities must rest on clear criteria known in advance and provision must be made for the possibility of a means of redress of a judicial nature. In any event, if compliance with the requirement demands a period of residence, the period must not exceed what is necessary in order for the national authorities to be able to satisfy themselves that the person concerned is genuinely seeking work in the employment market of the host Member State. | 0 |
863,497 | 11. Furthermore, it should be borne in mind that the Court has held, first, that it would be incompatible with the binding effect attributed to decisions by Article 189 of the EEC Treaty (which became Article 189 of the EC Treaty, now Article 249 EC) to exclude in principle the possibility that persons affected may invoke the obligation imposed by the decision and, secondly, that a provision of a decision addressed to a Member State may be relied on as against that Member State where the provision in question imposes on its addressee an obligation which is unconditional and sufficiently clear and precise (Case C-156/91 Hansa Fleisch Ernst Mundt [1992] ECR I-5567, paragraphs 12 and 13 and the case-law cited). | 41. In that regard, the difference in treatment between companies receiving income from capital, established by the tax legislation at issue in the main proceedings, consisting in the application of different taxation arrangements to companies established in Belgium and to those established in another Member State, relates to situations which are not objectively comparable. | 0 |
863,498 | 28. In that respect, it is settled case-law of the Court that Directive 2001/23 is applicable wherever, in the context of contractual relations, there is a change in the legal or natural person who is responsible for carrying on the undertaking and who by virtue of that fact incurs the obligations of an employer vis-à-vis the employees of the undertaking, regardless of whether or not ownership of the tangible assets is transferred (see judgments in Abler and Others , C‑340/01, EU:C:2003:629, paragraph 41, and CLECE , C‑463/09, EU:C:2011:24, paragraph 30). | 75. In those circumstances, the Kingdom of Spain cannot claim that, within the prescribed period, it took all the measures necessary to comply with the judgment in Commission v Spain . | 0 |
863,499 | 23
It also follows from the Court’s case-law that the calculation of the interest payable by the Treasury which does not take as its starting point the date on which the overpaid VAT would have had to be repaid in the normal course of events in accordance with the VAT Directive is, in principle, contrary to the requirements of Article 183 of that directive (judgments of 12 May 2011, Enel Maritsa Iztok 3, C‑107/10, EU:C:2011:298, paragraph 51, and of 24 October 2013, Rafinăria Steaua Română, C‑431/12, EU:C:2013:686, paragraph 24). | 22. En deuxième lieu, il convient d’examiner si la modification considérée relève de l’une des hypothèses mentionnées à l’article 30, paragraphe 4, premier alinéa, sous a), dudit règlement, à savoir affecter la nature ou les conditions de mise en œuvre de l’opération concernée ou procurer un avantage indu à une entreprise ou à une collectivité publique, ces hypothèses portant sur les effets de la modification en question. | 0 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.