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863,500 | 42. In those circumstances, to the extent that the appellant submits that solely by virtue of the conclusion reached by the General Court in its assessment of its arguments – a negative conclusion from the appellant’s perspective – the existence of a non-rebuttable presumption is demonstrated, such a line of argument must be rejected (see, to that effect, Elf Aquitaine v Commission , paragraph 67). | 19 In the present case, it cannot be disputed that as Matra is the leading Community producer of multi-purpose vehicles and a future competitor of Newco, its interests are affected by the grant of the aid at issue and that consequently it is an interested party within the meaning of Article 93(2) of the Treaty. | 0 |
863,501 | 73
It may be added that Article 47 of the Charter, which constitutes a reaffirmation of the principle of effective judicial protection, requires, in its first paragraph, that any person whose rights and freedoms guaranteed by EU law are violated should have the right to an effective remedy before a tribunal in compliance with the conditions laid down in that article. It must be recalled that the very existence of effective judicial review designed to ensure compliance with provisions of EU law is of the essence of the rule of law (see judgments of 18 December 2014, Abdida, C‑562/13, EU:C:2014:2453, paragraph 45, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 95). | 27 Therefore, expulsion for life automatically follows a criminal conviction, without any account being taken of the personal conduct of the offender or of the danger which that person represents for the requirements of public policy. | 0 |
863,502 | 22. It should be borne in mind, as a preliminary point, that the transitional arrangements for VAT applicable to intra-Community trade established by Council Directive 91/680/EEC of 16 December 1991 supplementing the common system of value added t ax and amending Directive 77/388/EEC with a view to the abolition of fiscal frontiers (OJ 1991 L 376, p. 1) are based on a new chargeable event, namely the intra-Community acquisition of goods, enabling the transfer of the tax revenue to the Member State in which final consumption of the goods supplied takes place (see, to that effect, Case C‑409/04 Teleos and Others [2007] ECR I‑7797, paragraphs 21, 22 and 36). | 37. Moreover, neither the method of treatment reserved for a substance nor the use to which that substance is put determines conclusively whether or not it is to be classified as waste (see ARCO Chemie Nederland and Others , paragraph 64, and Case C‑176/05 KVZ retec [2007] ECR I‑1721, paragraph 52). | 0 |
863,503 | 26. As is apparent from the very wording of the first paragraph of Article 7 of Decision No 1/80, the acquisition of the rights provided for in that provision is made subject to two cumulative conditions, namely, first, that the person concerned must be a member of the family of a Turkish worker who is already duly registered as belonging to the labour force of the host Member State and, second, that he has been authorised by the competent authorities of that State to join that worker there (see Bozkurt , paragraph 26). | 13. Il ressort de la jurisprudence que l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures préparant ou visant à l’élaboration de plans ou fixant un cadre réglementaire de nature à réaliser cet objectif (arrêts du 2 mai 2002, Commission/France, C‑292/99, Rec. p. I‑4097, point 39; du 14 avril 2005, Commission/Grèce, C‑163/03, non publié au Recueil, point 74, et du 14 juin 2007, Commission/Italie, précité, point 27). | 0 |
863,504 | 42
Thus, it does not appear that the national legislation at issue in the main proceedings establishes a difference of treatment on grounds of disability, in terms of the combined provisions of Article 1 and Article 2(2)(a) of Directive 2000/78, since it uses a criterion that is not inseparably linked to disability (see, by analogy, judgment of 11 April 2013, HK Danmark, C‑335/11 and C‑337/11, EU:C:2013:222, paragraphs 72 to 74). | 281. That limit is therefore one which is uniformly applicable to all undertakings and arrived at according to the size of each of them and seeks to ensure that the fines are not excessive or disproportionate. | 0 |
863,505 | 47. It must, as a preliminary point, be noted that the requirements of the balanced allocation of powers of taxation and coherence of the tax system coincide (judgment in National Grid Indus , C‑371/10, EU:C:2011:785, paragraph 80). Furthermore, the objectives of safeguarding the balanced allocation of the power to impose taxes between Member States and the prevention of tax avoidance are linked (judgment in Oy AA , C‑231/05, EU:C:2007:439, paragraph 62 and the case-law cited). | 60 Those points in the Decision contain an adequate statement of reasons for the reductions in the fines. | 0 |
863,506 | 23. The Commission will determine in any final decision adopted at the end of the administrative procedure:
(a) whether the evidence provided by an undertaking represented significant added value with respect to the evidence in the Commission’s possession at that same time;
(b) the level of reduction an undertaking will benefit from, relative to the fine which would otherwise have been imposed, as follows. For the:
– first undertaking to meet point 21: a reduction of 30‑50%,
– second undertaking to meet point 21: a reduction of 20‑30%,
– subsequent undertakings that meet point 21: a reduction of up to 20%.
In order to determine the level of reduction within each of these bands, the Commission will take into account the time at which the evidence fulfilling the condition in point 21 was submitted and the extent to which it represents added value. It may also take into account the extent and continuity of any cooperation provided by the undertaking following the date of its submission.
In addition, if an undertaking provides evidence relating to facts previously unknown to the Commission which have a direct bearing on the gravity or duration of the suspected cartel, the Commission will not take these elements into account when setting any fine to be imposed on the undertaking which provided this evidence.’
7. Point 29 of the 2002 Leniency Notice provides:
‘The Commission is aware that this notice will create legitimate expectations on which undertakings may rely when disclosing the existence of a cartel to the Commission.’
Background to the dispute and the decision at issue
8. Kone Oyj is a global service and engineering undertaking, established in Finland, which sells, manufactures, installs, maintains and modernises elevators and escalators and services automatic building doors. Kone Oyj operates through its national subsidiaries, such as Kone GmbH in Germany and Kone BV in the Netherlands.
9. In the summer of 2003, the Commission received information concerning the possible existence of a cartel among the principal European manufacturers of elevators and escalators engaged in business activities in the European Union, namely Kone Belgium SA, Kone GmbH, Kone Luxembourg Sàrl, Kone BV Liften en Roltrappen, Kone Oyj, Otis SA, Otis GmbH & Co. OHG, General Technic-Otis Sàrl, General Technic Sàrl, Otis BV, Otis Elevator Company, United Technologies Corporation, Schindler SA, Schindler Deutschland Holding GmbH, Schindler Sàrl, Schindler Liften BV, Schindler Holding Ltd as well as ThyssenKrupp Liften Ascenseurs NV, ThyssenKrupp Aufzüge GmbH, ThyssenKrupp Fahrtreppen GmbH, ThyssenKrupp Elevator AG, ThyssenKrupp AG, ThyssenKrupp Ascenseurs Luxembourg Sàrl and ThyssenKrupp Liften BV (together referred to as ‘the ThyssenKrupp group’). Early in 2004, the Commission carried out inspections at the premises of those undertakings in Belgium, Germany, Luxembourg and the Netherlands.
10. Leniency applications were made by those undertakings. On 2 February 2004 the Kone group submitted such an application under point 8(b) of the 2002 Leniency Notice, which included information concerning Belgium and which it subsequently supplemented with, inter alia, information concerning Germany (on 12 and 14 February 2004) and information concerning the Netherlands (on 19 July 2004).
11. In the decision at issue, the Commission found that the undertakings mentioned in paragraph 9 of the present judgment together with Mitsubishi Elevator Europe BV had participated in four single, complex and continuous infringements of Article 81 EC in four Member States, sharing markets by agreeing or concerting to allocate tenders and contracts for the sale, installation, service and modernisation of elevators and escalators.
12. The Kone group was granted immunity from fines in respect of the infringements in Belgium and Luxembourg. However, under Article 2(2) and (4) of the decision at issue, so far as the infringements in Germany and the Netherlands were concerned, fines of EUR 62 370 000 and EUR 79 750 000 respectively were imposed jointly and severally on Kone Oyj and its national subsidiaries.
Proceedings before the General Court and the judgment under appeal
13. By application lodged at the Registry of the General Court on 8 May 2007, the Kone group brought an action challenging (i) the legality of Article 2(2) of the decision at issue, which imposed fines on the undertakings concerned for the infringements in Germany, and (ii) the legality of Article 2(4) of that decision, which imposed fines on the undertakings concerned for the infringements in the Netherlands.
14. In support of the action, the Kone group put forward three pleas in law. Those pleas alleged (i) infringement of the Commission Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) [ECSC] (OJ 1998 C 9, p. 3) and breach of the principle of proportionality in the setting of the starting amounts of the fines, (ii) infringement of the 2002 Leniency Notice and of the principles of the protection of legitimate expectations, equal treatment and the rights of the defence and (iii) infringement of the principles of the protection of legitimate expectations and equal treatment on the occasion of the calculation of the reduction of the fines granted for cooperation outside the framework of the 2002 Leniency Notice.
15. By the judgment under appeal, the General Court dismissed that action and ordered the Kone group to pay the costs.
Forms of order sought
16. The appellants claim that the Court should:
– set aside the judgment under appeal;
– annul Article 2(2) of the decision at issue in so far as it imposes a fine on Kone Oyj and Kone GmbH, and impose either no fine or a fine at a lower amount than determined in that decision;
– annul Article 2(4) of the decision at issue in so far as it imposes a fine on Kone Oyj and Kone BV, and set the fine at a lower amount than determined in that decision; and
– order the Commission to pay the costs.
17. The Commission contends that the Court of Justice should:
– dismiss the appeal; and
– order the appellants to pay the costs.
The appeal
18. The appellants raise six grounds of appeal in support of the form of order sought, which allege (i) misinterpretation of point 8(b) of the 2002 Leniency Notice, (ii) misinterpretation of point 8(a) of that notice, (iii) infringement of the principle of the protection of legitimate expectations, (iv) misinterpretation of points 21 to 23 of the 2002 Leniency Notice, (v) infringement of the principle of equal treatment and (vi) infringement of the right to a fair trial, as guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 6 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’).
19. The appellants maintain, in several of their grounds of appeal, that the review carried out by the General Court in the judgment under appeal was marginal and cannot be regarded as a ‘full review’. In order to address this criticism, which is made in relation to a number of the grounds of appeal, it is appropriate to recall, before going on to consider those grounds, the underlying principles of both the review of legality carried out by the European Union judicature and the unlimited jurisdiction which the latter is afforded in certain circumstances.
Preliminary considerations
20. The principle of effective judicial protection is a general principle of European Union (EU) law to which expression is now given by Article 47 of the Charter and which corresponds, in EU law, to Article 6(1) of the ECHR (see, inter alia, Case C‑501/11 P Schindler Holding and Others v Commission [2013] ECR I‑0000, paragraph 36 and the case-law cited).
21. Whilst, as Article 6(3) TEU confirms, fundamental rights recognised by the ECHR constitute general principles of the European Union’s law and whilst Article 52(3) of the Charter requires rights contained in the Charter which correspond to rights guaranteed by the ECHR to be given the same meaning and scope as those laid down by the ECHR, the latter does not constitute, as long as the European Union has not acceded to it, a legal instrument which has been formally incorporated into EU law (see Case C‑571/10 Kamberaj [2012] ECR I‑0000, paragraph 62, and Case C‑617/10 Åkerberg Fransson [2013] ECR I‑0000, paragraph 44).
22. As the Court of Justice has already observed in paragraph 35 of Schindler Holding and Others v Commission , the European Court of Human Rights has held that, in administrative proceedings, the obligation to comply with Article 6 of the ECHR does not preclude a ‘penalty’ from being imposed by an administrative authority in the first instance. According to the European Court of Human Rights, compliance with that provision requires, however, that decisions taken by administrative authorities which do not themselves satisfy the requirements laid down in Article 6(1) of the ECHR be subject to subsequent review by a judicial body that has full jurisdiction. The characteristics of such a body include, according to the same judgment of the European Court of Human Rights, the power to quash in all respects, on questions of fact and law, the decision of the body below. The judicial body must in particular have jurisdiction to examine all questions of fact and law relevant to the dispute before it (judgment of the European Court of Human Rights in A. Menarini Diagnostics S.R.L. v. Italy , no. 43509/08, 27 September 2011, § 59).
23. Ruling on the principle of effective judicial protection, a general principle of EU law to which expression is now given by Article 47 of the Charter, the Court of Justice has held that, in addition to the review of legality provided for by the FEU Treaty, the European Union judicature has the unlimited jurisdiction which it is afforded by Article 31 of Regulation No 1/2003, in accordance with Article 261 TFEU, and which empowers it to substitute its own appraisal for the Commission’s and, consequently, to cancel, reduce or increase the fine or periodic penalty payment imposed (Case C‑386/10 P Chalkor v Commission [2011] ECR I‑0000, paragraph 63, and Schindler Holding and Others v Commission , paragraph 36). | 35. In paragraph 59 of its judgment in A. Menarini Diagnostics v. Italy , the European Court of Human Rights explained that, in administrative proceedings, the obligation to comply with Article 6 of the ECHR does not preclude a ‘penalty’ from being imposed by an administrative authority in the first instance. For this to be possible, however, decisions taken by administrative authorities which do not themselves satisfy the requirements laid down in Article 6(1) of the ECHR must be subject to subsequent review by a judicial body that has full jurisdiction. The characteristics of such a body include the power to quash in all respects, on questions of fact and law, the decision of the body below. The judicial body must in particular have jurisdiction to examine all questions of fact and law relevant to the dispute before it. | 1 |
863,507 | 34
It must be possible to verify the ‘sole’ or ‘principal’ intended use of the turret system at the time of customs clearance and, therefore, when the application for release for free circulation of such goods is being considered (see, to that effect, judgment of 23 April 2015 in ALKA, C‑635/13, EU:C:2015:268, paragraph 37). | 32 AS FULL RESPONSIBILITY IN THE MATTER OF COMMERCIAL POLICY WAS TRANSFERRED TO THE COMMUNITY BY MEANS OF ARTICLE 113 ( 1 ) MEASURES OF COMMERCIAL POLICY OF A NATIONAL CHARACTER ARE ONLY PERMISSIBLE AFTER THE END OF THE TRANSITIONAL PERIOD BY VIRTUE OF SPECIFIC AUTHORIZATION BY THE COMMUNITY .
| 0 |
863,508 | 38. As regards the setting up of a database, that criterion of originality is satisfied when, through the selection or arrangement of the data which it contains, its author expresses his creative ability in an original manner by making free and creative choices (see, by analogy, Infopaq International , paragraph 45; Bezpečnostní softwarová asociace , paragraph 50; and Painer , paragraph 89) and thus stamps his ‘personal touch’ ( Painer , paragraph 92). | 46. In that regard, it is necessary to note that the Community institutions stated that the alloy surcharge for stainless steel wires had already been imposed as an element in the final price. | 0 |
863,509 | 46. It must be recalled that the distinction between benefits excluded from the scope of Regulation No 883/2004 and those which fall within it is based not on whether a benefit is classified as a social security benefit by national legislation, but essentially on the constituent elements of each particular benefit, in particular its purpose and the conditions on which it is granted (judgment in Molenaar , C‑160/96, EU:C:1998:84, paragraph 19). | 34. However, such application complies with the principle of legal certainty only if it results from a judicially determined practice that was sufficiently foreseeable. In this regard, it need only be noted that it is not for the Court to establish, in the present proceedings for a preliminary ruling, whether such a judicially determined practice existed. | 0 |
863,510 | 57. In paragraph 96 of the judgment under appeal, the General Court, without committing an error of law, recalled that the principle of legality requires legislation to define clearly offences and the penalties which they attract (Case C‑413/08 P Lafarge v Commission [2010] ECR I‑5361, paragraph 94). In paragraph 99 of that judgment, it likewise did not commit an error of law in recalling the criteria for assessing the clarity of the law under the case-law of the European Court of Human Rights, namely that the clarity of a law is assessed having regard not only to the wording of the relevant provision but also to the clarification provided by settled, published case-law (see, to this effect, the judgment of the European Court of Human Rights in G. v. France , 27 September 1995, § 25, Series A no. 325-B) and that the fact that a law confers a discretion is not in itself inconsistent with the requirement of foreseeability, provided that the scope of the discretion and the manner of its exercise are indicated with sufficient clarity, having regard to the legitimate aim in question, to give the individual adequate protection against arbitrary interference (judgment of the European Court of Human Rights in Margareta and Roger Andersson v. Sweden , 25 February 1992, § 75, Series A no. 226-A). | 24 THE RULE ON EQUAL TREATMENT WITH NATIONALS IS ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY . | 0 |
863,511 | 84. Thus, as Mr Fuß and the Commission have correctly pointed out, Article 6(b) of Directive 2003/88, far from requiring the workers concerned to request their employers to comply with the minimum requirements provided for by that provision, in fact imposes on employers, where internal law applies the derogation provided for in Article 22 of that directive, the obligation to obtain the individual, explicit and free consent of that worker to the relinquishing of the rights conferred by Article 6(b) (see Pfeiffer and Others , paragraphs 82 and 84). | 26 As the Court has already pointed out, the task of a selection board involves as a rule at least two separate stages, the first being an examination of the applications in order to select the candidates admitted to the competition and the second being an examination of the abilities of the candidates for the posts to be filled in order to draw up a list of suitable candidates (see, in particular, Case 44/71 Marcato v Commission [1972] ECR 427, paragraph 19; Case 37/72 Marcato v Commission [1973] ECR 361, paragraph 18, and Case 31/75 Costacurta v Commission [1975] ECR 1563, paragraph 10). | 0 |
863,512 | 27. According to settled case-law, that rule cannot be interpreted as allowing an applicant to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (judgments in Reisch Montage , C‑103/05, EU:C:2006:471, paragraph 32, and in Painer , C‑145/10, EU:C:2011:798, paragraph 78). | 20 The principle of equal pay excludes not only the application of provisions leading to direct sex discrimination, but also the application of provisions which maintain different treatment between men and women at work as a result of the application of criteria not based on sex where those differences of treatment are not attributable to objective factors unrelated to sex discrimination. | 0 |
863,513 | 23. It must also be borne in mind that it is settled case-law that any derogations from the rules intended to ensure the effectiveness of the rights conferred by the EC Treaty in connection with public procurement must be strictly interpreted (see, to that effect, Case C‑71/92 Commission v Spain [1993] ECR I-5923, paragraph 36) and that the burden of proving the actual existence of exceptional circumstances justifying a derogation lies on the person seeking to rely on those circumstances (see, to that effect, Case C-328/92 Commission v Spain [1994] ECR I-1569, paragraphs 15 and 16, and Commission v Italy , paragraphs 57 and 58). | 20. Articles 7 and 8 of Regulation No 1612/68 are contained in Part I, dealing with "Employment and Workers' Families" , of Title II, entitled "Employment and equality of treatment" . | 0 |
863,514 | 75. As regards, in that respect, InnoLux’s argument that taking those sales into account in order to calculate the fine imposed for breach of Article 101 TFEU is likely to result in the same anti-competitive conduct giving rise to concurrent penalties imposed by the competition authorities of a non-member State, it must be pointed out that, contrary to the Commission’s contentions, that claim is admissible at the appeal stage in the light of Article 170(1) of the Rules of Procedure of the Court, since it does not change the subject-matter of the proceedings. However, it must be borne in mind that, as the Court has held, neither the principle non bis in idem nor any other principle of law obliges the Commission to take account of proceedings and penalties to which the undertaking has been subject in non-member States (see judgments in Showa Denko v Commission , C‑289/04 P, EU:C:2006:431, paragraphs 52 to 58; SGL Carbon v Commission , C‑308/04 P, EU:C:2006:433, paragraphs 28 to 34; and SGL Carbon v Commission , C‑328/05 P, EU:C:2007:277, paragraphs 24 to 35). | 86
It follows that a condition for the application or the receipt of tax aid may be grounds for a finding that that aid is selective, if that condition leads to a distinction being made between undertakings despite the fact that they are, in the light of the objective pursued by the tax system concerned, in a comparable factual and legal situation, and if, therefore, it represents discrimination against undertakings which are excluded from it. | 0 |
863,515 | 16 IN VIEW OF THESE OBSERVATIONS , THE COURT POINTS OUT THAT ALTHOUGH IT ACKNOWLEDGED IN THE JUDGMENT IN THE HANSEN & BALLE CASE , TAKING INTO ACCOUNT THE STATE OF DEVELOPMENT OF COMMUNITY LAW , THAT CERTAIN TAX EXEMPTIONS OR TAX CONCESSIONS ARE LAWFUL , THIS IS ON CONDITION THAT THE MEMBER STATES USING THOSE POWERS EXTEND THE BENEFIT THEREOF WITHOUT DISCRIMINATION TO IMPORTED PRODUCTS IN THE SAME CONDITIONS . IT IS NECESSARY TO EMPHASIZE THAT IT WAS ACKNOWLEDGED THAT THOSE PRACTICES WERE LAWFUL IN PARTICULAR SO AS TO ENABLE PRODUCTIONS OR UNDERTAKINGS TO CONTINUE WHICH WOULD NO LONGER BE PROFITABLE WITHOUT THESE SPECIAL TAX BENEFITS BECAUSE OF THE RISE IN PRODUCTION COSTS . ON THE OTHER HAND , THE CONSIDERATIONS EXPRESSED IN THAT JUDGMENT CANNOT BE UNDERSTOOD AS LEGITIMATING TAX DIFFERENCES WHICH ARE DISCRIMINATORY OR PROTECTIVE .
THE SUBJECT-MATTER OF THE DISPUTE AND THE ADMISSIBILITY OF THE APPLICATION | 14 IN VIEW OF THE FOREGOING , THE CLAIM FOR REVISION OF PARAGRAPHS 24 AND 25 OF THE CONTESTED JUDGMENT MUST ALSO BE DISMISSED .
| 0 |
863,516 | 106
In the second place, as regards the refusal by the General Court to grant the request for measures of organisation of procedure submitted by the Commission, it should be borne in mind that, according to the Court’s settled case-law, the General Court is the sole judge, in principle, of any need to supplement the information available to it in respect of the cases before it (see judgment of 9 June 2016, PROAS v Commission, C‑616/13 P, EU:C:2016:415, paragraph 66 and the case-law cited). Whether or not the evidence before it is sufficient is a matter to be appraised by it alone and is not subject to review by the Court of Justice on appeal, except where that evidence has been distorted or the inaccuracy of the findings of the General Court is apparent from the documents in the case file (see, to that effect, judgment of 28 January 2016, Heli-Flight v EASA, C‑61/15 P, not published, EU:C:2016:59, paragraph 94 and the case-law cited). | 85. Such a claim can, therefore, only be rejected as inadmissible.
Costs | 0 |
863,517 | 25. No reason has been put before the Court to justify why the mere fact that a marketing authorisation of reference was withdrawn at the request of its holder should entail the automatic withdrawal of the parallel import licence issued for the medicinal product in question (see, to that effect, Ferring , paragraph 35). | 31. Moreover, there is no doubt that Astra Zeneca actually receives consideration for the provision of the retail vouchers at issue and that that consideration is expressed in money, since it corresponds to a fraction of the cash remuneration of its employees. | 0 |
863,518 | 72. The requirements laid down in Article 4(1)(b) to (e) of Directive 91/414 relate to the safety and effectiveness of plant protection products. Article 4(1)(f) of that directive requires that Member States establish maximum residue levels and notify them to the Commission for approval. It is against the yardstick of those criteria that the Member States decide to review plant protection products (see, to that effect, Monsanto , paragraph 39). | 23 If the advantages for domestic production fully offset the burden borne by it, the charge levied on the product must, being a charge having an effect equivalent to a customs duty, be regarded as unlawful in its entirety; if on the contrary those advantages only partly offset the burden borne by domestic production, the charge levied on the imported product, which is legal in principle, will simply have to be reduced proportionally (Case 94/74 IGAV v ENCC [1975] ECR 699, paragraph 13, and Compagnie Commerciale de l'Ouest and Others, cited above, paragraph 27). | 0 |
863,519 | 36. It should also be recalled that all the provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by European Union nationals of occupational activities of all kinds throughout the European Union and preclude measures which might place such nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (see, inter alia, judgments in Bosman , C‑415/93, EU:C:1995:463, paragraph 94, and ITC , C‑208/05, EU:C:2007:16, paragraph 31 and the case-law cited). | 41. It is for the competent national authorities and, where appropriate, the national courts not only to establish the existence of a real link with the labour market, but also to assess the constituent elements of that benefit, in particular its purposes and the conditions subject to which it is granted. | 0 |
863,520 | 148. Since a party must be able to challenge all the grounds for a judgment adversely affecting it, where the General Court has joined two cases and given a single judgment which answers all the pleas submitted by the parties to the proceedings before the Court, each of those parties may criticise the reasoning concerning pleas which, before the General Court, were raised only by the applicant in the other joined case, provided that that reasoning adversely affects it (judgment of 11 July 2013 in Case C‑444/11 P Team Relocations and Others v Commission , paragraph 34). | 29 IT FOLLOWS THAT THOSE REQUIREMENTS MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY ONLY IF IT IS ESTABLISHED THAT IN THE FIELD OF ACTIVITY CONCERNED THERE ARE IMPERATIVE REASONS RELATING TO THE PUBLIC INTEREST WHICH JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES , THAT THE PUBLIC INTEREST IS NOT ALREADY PROTECTED BY THE RULES OF THE STATE OF ESTABLISHMENT AND THAT THE SAME RESULT CANNOT BE OBTAINED BY LESS RESTRICTIVE RULES .
( A ) THE EXISTENCE OF AN INTEREST JUSTIFYING CERTAIN RESTRICTIONS ON THE FREEDOM TO PROVIDE INSURANCE SERVICES | 0 |
863,521 | 61. Accordingly, the Commission’s suggestions cannot bind the Court and merely constitute a useful point of reference. Similarly, guidelines such as those contained in the communications of the Commission are not binding on the Court but contribute to ensuring that the action brought by that institution is transparent, foreseeable and consistent with legal certainty (Case C‑70/06 Commission v Portugal EU:C:2008:3, paragraph 34, and Commission v Greece EU:C:2009:428, paragraph 112). | 92. However, it requires the Member States to adopt at least one of the measures that are listed in clause 5(1)(a) to (c) of the Framework Agreement, which are intended to prevent in an effective manner the misuse of successive fixed-term employment contracts or relationships. | 0 |
863,522 | 27. European Union law, in the current state of its development and in a situation such as that at issue in the main proceedings, does not lay down any general criteria for the attribution of areas of competence between the Member States in relation to the elimination of double taxation within the European Union. Consequently, apart from Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6), the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10) and Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (OJ 2003 L 157, p. 38), no uniform or harmonisation measure designed to eliminate double taxation has as yet been adopted at European Union law level ( Kerckhaert and Morres , paragraph 22, and Block , paragraph 30). | 78 It follows from the foregoing that the Republic of Austria may avail itself of the two-month time-limit even though it failed to answer the Commission's questions promptly.
The Commission's right of objection | 0 |
863,523 | 53. With regard to the first type of objective, it is clear from the case-law that although restrictions on the number of operators are in principle capable of being justified, those restrictions must in any event reflect a concern to bring about a genuine diminution of gambling opportunities and to limit activities in that sector in a consistent and systematic manner (see, to that effect, Zenatti , paragraphs 35 and 36, and Gambelli and Others , paragraphs 62 and 67). | 36 However, as the Advocate General observes in paragraph 32 of his Opinion, such a limitation is acceptable only if, from the outset, it reflects a concern to bring about a genuine diminution in gambling opportunities and if the financing of social activities through a levy on the proceeds of authorised games constitutes only an incidental beneficial consequence and not the real justification for the restrictive policy adopted. As the Court observed in paragraph 60 of Schindler, even if it is not irrelevant that lotteries and other types of gambling may contribute significantly to the financing of benevolent or public-interest activities, that motive cannot in itself be regarded as an objective justification for restrictions on the freedom to provide services. | 1 |
863,524 | 52. Consequently, it is important in each individual case to determine the nature of the provision, laid down in a directive, to which the action for failure to fulfil obligations relates, in order to gauge the extent of the obligation to transpose imposed on the Member States (Case C-233/00 Commission v France , paragraph 77). | 121. However, as regards the substance, it must be stated at the outset that, contrary to what is claimed by AOI and SCTC, the General Court based its findings not on a new argument submitted by the Commission in the course of the proceedings, but on its own interpretation of the contested decision, considered as a whole, as is clear from paragraph 141 et seq. of the judgment under appeal. In particular, it is clear from paragraph 147 of that judgment that the statements made by the Commission in the course of the proceedings were taken into account by the General Court only to confirm its own interpretation of that decision. | 0 |
863,525 | 45
Finally, the Court has already held that there can be ‘evocation’ even in the absence of any likelihood of confusion between the products concerned (judgments in Consorzio per la tutela del formaggio Gorgonzola, C‑87/97, EU:C:1999:115, paragraph 26, and Commission v Germany, C‑132/05, EU:C:2008:117, paragraph 45), since what matters is, in particular, that there is not created in the mind of the public an association of ideas regarding the origin of the products, and that a trader does not take undue advantage of the reputation of the protected geographical indication (see, to that effect, judgment in Bureau national interprofessionnel du Cognac, C‑4/10 et C 27/10, EU:C:2011:484, paragraph 46). | 42. According to established case-law, EU law provides for a system of judicial review of Commission decisions relating to proceedings under Article 102 TFEU which affords all the safeguards required by Article 47 of the Charter (see, to that effect, Chalkor v Commission EU:C:2011:815, paragraph 67, and Otis and Others EU:C:2012:684, paragraphs 56 and 63). That system of judicial review consists in a review of the legality of the acts of the institutions for which provision is made in Article 263 TFEU, which may be supplemented, pursuant to Article 261 TFEU, by the Court’s unlimited jurisdiction with regard to the penalties provided for in regulations. | 0 |
863,526 | 37. Such hiring out cannot be the basis of a general presumption of abusive practice and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty (see, to that effect, Test Claimants in the Thin Cap Group Litigation , paragraph 73, and Case C‑105/07 Lammers & Van Cleef [2008] ECR I‑0000, paragraph 27). | 27. The mere fact that a resident company is granted a loan by a related company which is established in another Member State cannot be the basis of a general presumption of abusive practices and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty ( Test Claimants in the Thin Cap Group Litigation , paragraph 73 and the case‑law cited). | 1 |
863,527 | 146
In so far as Rosneft challenges the proportionality of the general rules on the basis of which it was decided that it should be listed in the annexes to the contested acts, it must be noted, first, that, with regard to judicial review of compliance with the principle of proportionality, the Court has held that the European Union legislature must be allowed a broad discretion in areas which involve political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. The Court has concluded that the legality of a measure adopted in those areas can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (judgment of 28 November 2013, Council v Manufacturing Support & Procurement Kala Naft, C‑348/12 P, EU:C:2013:776, paragraph 120 and the case-law cited). | 54. According to recital 2 of that regulation, openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. | 0 |
863,528 | 94 In view of the interest of the Member States thus defined they cannot be precluded, when determining what services of general economic interest to entrust to certain undertakings, from taking account of objectives pertaining to their national policy or from endeavouring to attain them by means of obligations and constraints which they impose on such undertakings (Commission v Netherlands, cited above, paragraph 40). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
863,529 | 16. Although the wording of Article 7 of Directive 2003/88 does not give any express indication as regards the remuneration to which a worker is entitled during his annual leave, the Court has already stated that the term ‘paid annual leave’ in Article 7(1) means that, for the duration of ‘annual leave’ within the meaning of that directive, remuneration must be maintained and that, in other words, workers must receive their normal remuneration for that period of rest (see Joined Cases C‑131/04 and C‑257/04 Robinson-Steele and Others EU:C:2006:177, paragraph 50, and Joined Cases C‑350/06 and C‑520/06 Schultz-Hoff and Others EU:C:2009:18, paragraph 58). | 27 The questions submitted must therefore be answered as follows:
- Regulation No 1638/94 is invalid inasmuch as it classifies the adapters, link adapters and transceivers described in items 1 to 3 of its annex under heading No 8517 of the Combined Nomenclature;
- Regulation No 1165/95 is invalid inasmuch as it classifies the adapter cards described in item 4 of its annex under heading No 8517 of the Combined Nomenclature;
- items of computer network equipment which are connectable to the central processing unit either directly or through one or more other units, which are specifically designed as part of a data-processing system, which are able to accept or deliver data in a form which can be used by the system and which have no function that they would be capable of performing without the assistance of an automatic data-processing machine must be classified under heading No 8471 of the Combined Nomenclature both before and after 1 January 1996. | 0 |
863,530 | 32 With regard, secondly, to the term "social security" used in Article 39(1) of the Agreement, it is clear by analogy with the judgments in Kziber, paragraph 25, and Yousfi, paragraph 24, that it must be deemed to bear the same meaning as the identical term used in Regulation No 1408/71. | 125. The distinction which the appellants seek to draw between the ‘direct effect’ of the WTO rules imposing substantive obligations and the ‘direct effect’ of a decision of the DSB, asserting that it should be open to individuals to have the legality of the conduct of the Community institutions reviewed by the Community courts in the light of the DSB decision itself if such a review is not possible in the light of the WTO rules which that decision has found to have been infringed, calls for the following comments. | 0 |
863,531 | 28. Like most of the exemptions provided for in Article 13A of the Sixth Directive and unlike several of those provided for in Article 13B thereof (see, inter alia, Case C-305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I-6729, paragraph 64, and Case C-169/04 Abbey National [2006] ECR I-4027, paragraph 66), that exemption is thus not only defined according to the nature of the goods supplied, but also according to the status of the supplier. | 87. En revanche, il importe de rappeler qu’il n’appartient pas à la Cour, lorsqu’elle se prononce sur des questions de droit dans le cadre d’un pourvoi, de substituer, pour des motifs d’équité, son appréciation à celle du Tribunal statuant, dans l’exercice de son pouvoir de pleine juridiction, sur le montant des amendes infligées à des entreprises en raison de la violation, par celles-ci, du droit de l’Union (arrêts précités Baustahlgewebe/Commission, point 129, ainsi que Dansk Rørindustri e.a./Commission, point 245). | 0 |
863,532 | 55. Such a condition if fulfilled where the provision relied upon contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure (see Case 12/86 Demirel [1987] ECR 3719, paragraph 14; Case C‑213/03 Pêcheurs de l’étang de Berre [2004] ECR I‑7357, paragraph 39; and Case C‑240/09 Lesoochranárske zoskupenie [2011] ECR I‑0000, paragraph 44 and the case-law cited). | 12. En outre, selon une jurisprudence constante de la Cour, un État membre ne saurait exciper de situations de son ordre juridique interne, y compris celles découlant de son organisation fédérale, pour justifier l’inobservation des obligations et délais prescrits par une directive (voir arrêt du 6 juillet 2000, Commission/Belgique, C-236/99, Rec. p. I-5657, point 23 et jurisprudence citée). | 0 |
863,533 | 28 However, it is clear from settled case-law, that where such measures apply to any person or undertaking carrying on an activity in the territory of the host Member State, they may be justified where they serve overriding requirements relating to the public interest, are suitable for securing the attainment of the objective which they pursue and do not go beyond what is necessary in order to attain it (see Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32; Gebhard, cited above, paragraph 37; Case C-212/97 Centros [1999] ECR I-1459, paragraph 34; Pfeiffer, cited above, paragraph 19; Case C-424/97 Haim [2000] ECR I-5123, paragraph 57; Mac Quen and Others, cited above, paragraph 26, and Commission v Italy, cited above, paragraph 23). | 11 ON THE CONTRARY , THE WORD ' OBLIGATION ' IN THE ARTICLE REFERS TO THE CONTRACTUAL OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS .
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863,534 | 76 Although the protection of human health against the harmful effects of alcohol, on which the Swedish Government relies, is indisputably one of the grounds which may justify derogation from Article 30 of the Treaty (see, to this effect, the judgment in Joined Cases C-1/90 and C-176/90 Aragonesa de Publicidad Exterior and Publivía v Departamento de Sanidad y Seguridad Social de la Generalitat de Cataluña [1991] ECR I-4151, paragraph 13), the Swedish Government has not established that the licensing system set up by the Law on Alcohol, in particular as regards the conditions relating to storage capacity and the high fees and charges which licence-holders are required to pay, was proportionate to the public health aim pursued or that this aim could not have been attained by measures less restrictive of intra-Community trade. | 38
In that regard, it is irrelevant whether the establishment on the territory of a Member State of an undertaking whose seat is outside the European Union has legal personality or not (see, to that effect, judgment of 15 December 2011, Voogsgeerd, C‑384/10, EU:C:2011:842, paragraph 54). Third parties must thus be able to rely on the appearance created by an establishment acting as an extension of the parent body (see, to that effect, judgment of 9 December 1987, SAR Schotte, 218/86, EU:C:1987:536, paragraph 15). | 0 |
863,535 | 43. It is appropriate to point out, secondly, that according to the Court’s settled case‑law, the first paragraph of Article 24 of Directive 93/37 lists, exhaustively, the grounds capable of justifying the exclusion of a contractor from participation in a contract which relate solely to its professional qualities. Moreover, the Court also added that Member States have the right to provide, in addition to the grounds for exclusion expressly referred to in that provision, for grounds for exclusion designed to ensure observance of the principles of equal treatment and transparency (see, to that effect, Case C‑213/07 Michaniki [2008] ECR I‑9999, paragraphs 43, 44 and 47, and Case C‑538/07 Assitur [2009] ECR I‑4219, paragraphs 20 and 21). | 90
The Commission adds that DEI’s argument that it is for the national court, in the context of interlocutory proceedings, to notify the Commission and to subject to its preventive review any new measure granting new aid or altering existing aid is borne out by the judgment of 18 July 2007, Lucchini (C‑119/05, EU:C:2007:434, paragraphs 59 to 63), from which it is apparent that exclusive competence of the Commission and the primacy of EU law preclude the national court from applying a national measure where its application would be an obstacle to the recovery of the State aid. | 0 |
863,536 | 28
It follows from the foregoing that the first paragraph of Article 3 of Directive 2009/103 must be interpreted as meaning that the concept of ‘use of vehicles’ in that provision is not limited to road use, that is to say, to travel on public roads, but that that concept covers any use of a vehicle that is consistent with the normal function of that vehicle (see, to that effect, judgments of 4 September 2014, Vnuk, C‑162/13, EU:C:2014:2146, paragraph 59, and of 28 November 2017, Rodrigues de Andrade, C‑514/16, EU:C:2017:908, paragraph 34). | 8 First, it is clear that the complaint that the national legislation must be amended in order to inform the traders concerned of their rights ( Complaint No 2 ) cannot be examined . It is not included in the Commission' s claims as set out in the application, which merely refers to a practice of the Belgian authorities concerning price-fixing and contains no mention whatsoever of the need to amend the national legislation . | 0 |
863,537 | 36. The principle of mutual recognition, which underpins the Framework Decision, means that, in accordance with Article 1(2) of the Framework Decision, the Member States are in principle obliged to act upon a European arrest warrant (Case C-388/08 PPU Leymann and Pustovarov [2008] ECR I‑8983, paragraph 51). | 128. Nevertheless, their right to property is not called into question by the introduction of such a measure. No economic operator can claim a right to property in a market share, even if he held it at a time before the introduction of a measure affecting the market, since such a market share constitutes only a momentary economic position exposed to the risks of changing circumstances (Case C‑280/93 Germany v Council [1994] ECR I‑4973, paragraph 79, and Swedish Match , paragraph 73). Nor can an economic operator claim an acquired right or even a legitimate expectation that an existing situation which is capable of being altered by measure taken by the Community institutions within the limits of their discretion will be maintained (Case 52/81 Faust v Commission [1982] ECR 3745, paragraph 27, and Swedish Match , paragraph 73). | 0 |
863,538 | 25. Thus, Article 82 EC prohibits a dominant undertaking from, among other things, adopting pricing practices that have an exclusionary effect on competitors considered to be as efficient as it is itself and strengthening its dominant position by using methods other than those that are part of competition on the merits. Accordingly, in that light, not all competition by means of price may be regarded as legitimate (see, to that effect, AKZO v Commission , paragraphs 70 and 72; France Télécom v Commission , paragraph 106; and Deutsche Telekom v Commission , paragraph 177). | 23 IN OTHER CASES CLAIMS FOR REPAYMENT OF CHARGES WHICH WERE PAID BUT NOT OWED MUST BE BROUGHT BEFORE THE ORDINARY COURTS , MAINLY IN THE FORM OF CLAIMS FOR THE REFUNDING OF SUMS PAID BUT NOT OWED . SUCH ACTIONS ARE AVAILABLE FOR VARYING LENGTHS OF TIME , IN SOME CASES FOR THE LIMITATION PERIOD LAID DOWN UNDER THE GENERAL LAW , WITH THE RESULT THAT MEMBER STATES INVOLVED MAY BE FACED WITH A HEAVY ACCUMULATION OF CLAIMS WHEN CERTAIN NATIONAL TAX PROVISIONS HAVE BEEN FOUND TO BE INCOMPATIBLE WITH THE REQUIREMENTS OF COMMUNITY LAW .
| 0 |
863,539 | 37
Consequently, since Article 191(2) TFEU, which establishes the polluter-pays principle, is directed at action at EU level, that provision cannot be relied on as such by individuals in order to exclude the application of national legislation — such as that at issue in the main proceedings — in an area covered by environmental policy for which there is no EU legislation adopted on the basis of Article 192 TFEU that specifically covers the situation in question (see, to that effect, judgments of 9 March 2010, ERG and Others, C‑379/08 and C‑380/08, EU:C:2010:127, paragraph 39, and of 4 March 2015, Fipa Group and Others, C‑534/13, EU:C:2015:140, paragraph 40 and the case-law cited). | 58. In the third place, as regards the capacity of the Member State concerned to pay, it is appropriate to take account of the Hellenic Republic’s argument that its GDP has declined since 2010. The Court has held that it is necessary to take account of recent trends in the GDP of a Member State at the time of the Court’s examination of the facts (judgment in Commission v Ireland , C‑279/11, EU:C:2012:834, paragraph 78). | 0 |
863,540 | 41. En ce qui concerne la question de savoir si le régime de pension établi par le code relève du champ d’application de cette disposition du traité ou de celui de la directive 79/7, il convient de rappeler que, selon une jurisprudence constante, la notion de rémunération, telle qu’elle est délimitée à l’article 141, paragraphe 2, premier alinéa, CE, n’inclut pas les régimes ou prestations de sécurité sociale, notamment les pensions de retraite, directement réglés par la loi (voir, en ce sens, arrêts du 17 mai 1990, Barber, C‑262/88, Rec. p. I‑1889, point 22; Beune, précité, point 44, et du 25 mai 2000, Podesta, C‑50/99, Rec. p. I‑4039, point 24). | 53. Where it finally becomes apparent that the import duties paid by the declarant exceed those that were legally owed at the time of their payment, the measure necessary to regularise the situation can consist only in reimbursement of the overpaid amount. | 0 |
863,541 | 25. Although, as Community law stands at present, the rules governing a person's surname are matters coming within the competence of the Member States, the latter must none the less, when exercising that competence, comply with Community law (see, by way of analogy, Case C-336/94 Dafeki [1997] ECR I-6761, paragraphs 16 to 20), in particular the Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (see, inter alia , Case C-135/99 Elsen [2000] ECR I-10409, paragraph 33). | 88
In that regard, it may be added that the Court has previously ruled that a tax measure from which solely undertakings that carried out specified transactions benefited, and not undertakings in the same sector that did not carry out those transactions, could be classified as selective, there being no need to assess whether that measure was of greater benefit to large undertakings (see, to that effect, judgment of 15 December 2005, Unicredito Italiano, C‑148/04, EU:C:2005:774, paragraphs 47 to 50). | 0 |
863,542 | 19. It is also settled case-law that all measures which prohibit, impede or render less attractive the exercise of that freedom must be regarded as constituting restrictions on the freedom of establishment (see Columbus Container Services , paragraph 34, and Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt , paragraph 30). | 54 FURTHERMORE , DISEM-ANDRIES MAINTAINS THAT THE COMMISSION MADE A MISTAKE IN ITS ASSESSMENT INASMUCH AS , IN CALCULATING THE AMOUNT OF THE FINE IMPOSED ON IT , IT DID NOT TAKE ACCOUNT OF ITS ADVERSE FINANCIAL SITUATION .
| 0 |
863,543 | 35. Indeed, it is apparent from the Court’s well established case-law that the text of Article 81(1) EC refers generally to all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the common market, irrespective of the market on which the parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of the arrangements in question (see, to that effect, judgments in LTM , 56/65, EU:C:1966:38, p. 358; Consten and Grundig v Commission , 56/64 and 58/64, EU:C:1966:41, p.p. 492 and 493; Musique Diffusion française and Others v Commission , 100/80 to 103/80, EU:C:1983:158, paragraphs 72 to 80; Binon , 243/83, EU:C:1985:284, paragraphs 39 to 47; and Javico , C‑306/96, EU:C:1998:173, paragraphs 10 to 14). | 7. Category No 12 of Annex XVI A is identical to Category No 12 in Annex I A to Directive 92/50. | 0 |
863,544 | 47. Finally, according to consistent case-law, even if the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol is not, in itself, capable of conferring on Turkish nationals – on the basis of Community legislation alone – a right of establishment or, as a corollary, a right of residence, nor a right to freedom to provide services or to enter the territory of a Member State (see Savas , paragraphs 64 and 71, third indent; Abatay and Others , paragraph 62; and Tum and Dari , paragraph 52), the fact remains that such a clause prohibits generally the introduction of any new measures having the object or effect of making the exercise by a Turkish national of those economic freedoms on the territory of that Member State subject to stricter conditions than those which applied to him at the time when the Additional Protocol entered into force with regard to the Member State concerned (see Savas , paragraphs 69 and 71, fourth indent; Abatay and Others , paragraphs 66 and 117, second indent; and Tum and Dari , paragraphs 49 and 53). | 71. The principle of the legality of criminal offences and penalties implies that Community rules must define clearly offences and the penalties which they attract. This requirement is satisfied where the individual can know from the wording of the relevant provision and, if need be, with the assistance of the courts’ interpretation of it, what acts and omissions will make him criminally liable (see, in particular, Advocaten voor de Wereld , paragraph 50, and the judgment of the European Court of Human Rights in Coëme and Others v. Belgium , nos. 32492/96, 32547/96, 32548/96, 33209/96 and 33210/96, Reports of Judgments and Decisions 2000-VII, § 145). | 0 |
863,545 | 39 The first point to note is that, according to Article 10(1) of Regulation No 1408/71, the principle that residence clauses should be waived applies `save as otherwise provided in this Regulation'. Accordingly, the Community legislature has inter alia restricted, in Article 69 of Regulation No 1408/71, the right to export unemployment benefits to a period of three months. In its judgment in Joined Cases 41/79, 121/79 and 796/79 Testa and Others v Bundesanstalt für Arbeit [1980] ECR 1979, paragraph 14, the Court ruled that such a limitation is not contrary to Article 51 of the Treaty. | 72 With regard first of all to the Court's jurisdiction, it has already been recalled, at paragraph 25 of this judgment, that the Court has jurisdiction to examine the assessment made by the Court of First Instance where the substantive inaccuracy of the findings is apparent from the documents submitted to it. Such inaccuracy must be obvious without its being necessary to undertake a fresh assessment of the facts.$ | 0 |
863,546 | 74. Accordingly, the Court has accepted that a requirement of prior authorisation may, under certain conditions, be justified by such a consideration in the context of hospital care (see, inter alia, Smits and Peerbooms , paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81; and Watts , paragraphs 108 to 110) and in the context of medical care which, although it may be provided outside a hospital setting, requires the use of major and costly equipment exhaustively listed in the national legislation (see, to that effect, Commission v France , paragraphs 34 to 42). | 58. The Court has previously had occasion to rule, in connection with the instruments of European Union law prior to Directive 2004/38, that the marital relationship cannot be regarded as dissolved as long as it has not been terminated by the competent authority, and that is not the case where the spouses merely live separately, even if they intend to divorce at a later date, so that the spouse does not necessarily have to live permanently with the Union citizen in order to hold a derived right of residence (see Case 267/83 Diatta [1985] ECR 567, paragraphs 20 and 22). | 0 |
863,547 | 33. It must be borne in mind in this regard that, according to settled case-law, the necessity for uniform application and accordingly for uniform interpretation of a Community measure makes it impossible to consider one version of the text in isolation, but requires that it be interpreted on the basis of both the real intention of its author and the aim he seeks to achieve, in the light, in particular, of the versions in all languages (see, inter alia, Case 29/69 Stauder [1969] ECR 419, paragraph 3; Case 55/87 Moksel [1988] ECR 3845, paragraph 15; and Case C‑268/99 Jany and Others [2001] ECR I-8615, paragraph 47). | 15 As the Court held in its judgment of 12 November 1969 in Case 26/69 Stauder v Ulm (( 1969 )) ECR 419, "the necessity for uniform application and accordingly for uniform interpretation makes it impossible to consider one version of the text in isolation but requires that it be interpreted on the basis of both the real intention of its author and the aim he seeks to achieve, in the light in particular of the versions in all ... languages ". | 1 |
863,548 | 62. The protocols and annexes to an act of accession constitute provisions of primary law which, unless that act provides otherwise, may not be suspended, amended or repealed otherwise than in accordance with the procedures established for review of the original Treaties (see, to that effect, Joined Cases 31/86 and 35/86 LAISA and CPC España v Council [1988] ECR 2285, paragraph 12). | 52. It must be held that the extent of the obligation to give reasons may vary according to the nature of the judgment and must be examined, in the light of the proceedings taken as a whole and all the relevant circumstances, taking account of the procedural guarantees surrounding that judgment, in order to ascertain whether those guarantees ensure that the persons concerned have the possibility to bring an appropriate and effective appeal against that decision (see, to that effect, judgment in Trade Agency , EU:C:2012:531, paragraph 60 and the case-law cited). | 0 |
863,549 | 17 Article 69 of Regulation No 1408/71 enables an unemployed worker to be exempt for a specific period, for the purpose of seeking employment in another Member State, from the obligation imposed by the various national laws to make himself available to the employment services of the competent State without thereby losing his entitlement to unemployment benefits as against that State (Joined Cases 41/79, 121/79 and 796/79 Testa [1980] ECR 1979, paragraph 4). | 35. As regards the consequences of failure to observe the principle of equal treatment in a situation such as that in the main proceedings, it must be recalled that, in accordance with established case-law, where discrimination contrary to European Union law has been established, as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category (see Case C-18/95 Terhoeve [1999] ECR I-345, paragraph 57; and Case C-399/09 Landtová [2011] ECR I-0000, paragraph 51). The disadvantaged person must therefore be placed in the same position as the person enjoying the advantage concerned. | 0 |
863,550 | 73. In that context the Court noted that, in accordance with established case-law, in light of the dual purpose of opening up competition and of transparency pursued by the Directive, that concept must be given an interpretation as functional as it is broad (Commission v Spain , paragraph 53). | 44. It is precisely because certain activities may present a specific risk of exposure to hazardous agents, processes or working conditions for a pregnant worker or for one who is breast-feeding or who has recently given birth that the Community legislature, by adopting Directive 92/85, introduced the requirement to evaluate and communicate risks, and a prohibition of the exercise of certain activities. | 0 |
863,551 | 35. Compliance with the principle of non-discrimination, as laid down in Article 34(2) EC, requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see, inter alia, Case C‑44/94 Fishermen’s Organisations and Others [1995] ECR I‑3115, paragraph 46; Case C‑304/01 Spain v Commission [2004] ECR I‑7655, paragraph 31; and Case C‑141/05 Spain v Council [2007] ECR I‑0000, paragraph 40). | 42. As the Czech telecommunications regulatory authority and the Commission stated, paragraph 61 of the Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest and Article 5(5) of Decision 2012/21 give guidance on how to evaluate the ‘reasonable profit’, which is defined as the rate of return on capital. Although that communication is not a binding rule of law, it may, none the less, serve as a guide for interpreting the notion of ‘net cost’, for the purposes of Directive 2002/22. | 0 |
863,552 | 108. The tasks assigned to notaries in connection with the law of succession are thus performed under the supervision of the court, to which the notary must refer any disputes, and which moreover takes the final decision. Those tasks cannot therefore be regarded, as such, as directly and specifically connected with the exercise of official authority (see, to that effect, Thijssen , paragraph 21; Case C‑393/05 Commission v Austria , paragraphs 41 and 42; Commission v Germany , paragraphs 43 and 44; and Commission v Portugal , paragraphs 37 and 41). | 93. It follows that the inclusion in the label of a neutral and objective statement informing consumers of the presence in the product of vegetable fats other than cocoa butter would be sufficient to ensure that consumers are given correct information. | 0 |
863,553 | 65
Where criminal proceedings have taken place at several instances which have given rise to successive decisions, the Court of Justice has held that that concept refers to the last instance in those proceedings during which a court, after assessing the case in fact and in law, made a final ruling on the guilt of the person concerned and imposed a penalty on him (see, to that effect, judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 81, 83, 89, 90 and 98). | 48. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’article 40, paragraphe 2, deuxième alinéa, TFUE, qui énonce l’interdiction de toute discrimination dans le cadre de la politique agricole commune, n’est que l’expression spécifique du principe général d’égalité, lequel exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale à moins qu’une différenciation ne soit objectivement justifiée (arrêt du 11 juin 2009, Agrana Zucker, C‑33/08, Rec. p. I‑5035, point 46 et jurisprudence citée). | 0 |
863,554 | 27
It must be borne in mind that the Court has held that the method of calculation used by the Commission to determine production levies in the sugar sector, as fixed by Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for the marketing years 2002/2003, 2003/2004, 2004/2005 and 2005/2006 (OJ 2009 L 321, p. 1), was not based on the taking into account of the amount of export refunds paid to ensure the disposal of the quantities of sugar contained in processed products which had been subject to export obligations. The Court has held that that method of calculation consisted of attributing to all those quantities a theoretical amount of refund, based on the average of the amounts fixed periodically by the Commission, irrespective of how effective it was to pay a possible refund and of the actual amount of such a refund (judgment of 27 September 2012, Zuckerfabrik Jülich and Others, C‑113/10, C‑147/10 and C‑234/10, EU:C:2012:591, paragraph 48). | 48. The method of calculation used by the Commission to determine production levies in the sugar sector, as fixed by Regulation No 1193/2009, is not based on the taking into account of the amount of export refunds paid to ensure the disposal of the quantities of sugar contained in processed products which have been subject to export obligations. It consists of attributing to all those quantities a theoretical amount of refund, based on the average of the amounts fixed periodically by the Commission, irrespective of how effective it is to pay a possible refund and of the actual amount of such a refund. | 1 |
863,555 | 64
The Court has stated in that regard that it follows from Article 18 of the basic regulation that it was not the intention of the EU legislature to establish a legal presumption whereby it is possible to infer the existence of circumvention directly from the non-cooperation of the parties interested or concerned, thereby exempting the EU institutions from any requirement to adduce proof. However, given that it is possible to make findings, even definitive findings, on the basis of the facts available and to treat a party which does not cooperate or does not cooperate fully less favourably than if it had cooperated, it is equally evident that the EU institutions are authorised to act on the basis of a body of consistent evidence showing the existence of circumvention for the purposes of Article 13(1) of the basic regulation (judgment of 4 September 2014, Simon, Evers & Co., C‑21/13, EU:C:2014:2154, paragraph 36). | 25 Moreover, the Court has repeatedly recognized that national legislation such as that at issue pursues an aim which is justified under Community law, and that national rules restricting the opening of shops on Sundays reflect certain choices relating to particular national or regional socio-cultural characteristics. It is for the Member States to make those choices in compliance with the requirements of Community law (see Case C-169/91 B & Q [1992] ECR I-6635, paragraph 11). | 0 |
863,556 | 74. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 29. According to the order for reference, the claimant in the main proceedings is not covered by Regulation No 1612/68. | 0 |
863,557 | 32
Whilst, by harmonising the rules applicable to collective redundancies in this way, the EU legislature sought both to ensure comparable protection for workers’ rights in the various Member States and to harmonise the costs which such protective rules entail for EU undertakings (see, in particular, judgment of 9 July 2015, Balkaya , C‑229/14, EU:C:2015:455, paragraph 32 and the case-law cited), it is nevertheless clear from Article 1(1) and Article 5 of Directive 98/59 that that directive is intended, in that context, to provide minimum protection with regard to informing and consulting workers in the event of collective redundancies and that the Member States remain free to adopt national measures that are more favourable to those workers (see, in particular, judgment of 18 January 2007, Confédération générale du travail and Others , C‑385/05, EU:C:2007:37, paragraph 44). | 29. It follows that the jurisdiction clause incorporated in a contract may, in principle, produce effects only in the relations between the parties who have given their agreement to the conclusion of that contract. In order for a third party to rely on the clause it is, in principle, necessary that the third party has given his consent to that effect. | 0 |
863,558 | 33. To answer the question, it must be recalled that, according to settled case‑law, in interpreting provisions of European Union law such as those at issue here, it is necessary to consider not only their wording but also their context and the objectives pursued by the rules of which they form part (see, inter alia, Case C‑185/89 Velker International Oil Company [1990] ECR I‑2561, paragraph 17, and Case C‑33/11 A [2012] ECR, paragraph 27). | 29 As regards the part of the plea relating to the residual powers of the Member States, it must be pointed out that where the Community has passed legislation, the Member States are under a duty to refrain from taking any measure which might undermine or create exceptions to it (see, along these lines, Case C-507/99 Denkavit [2002] ECR I-169, paragraph 32). | 0 |
863,559 | 31 The concept of pay used in Article 11 of that directive, like the definition in the second paragraph of Article 119 of the Treaty, encompasses the consideration paid directly or indirectly by the employer during the worker's maternity leave in respect of her employment (see Case C-342/93 Gillespie and Others [1996] ECR I-475, paragraph 12). By contrast, the concept of allowance to which that provision also refers includes all income received by the worker during her maternity leave which is not paid to her by her employer pursuant to the employment relationship. | 108 In so far as other products, such as tallow and gelatin, are concerned, the Commission must be regarded as having displayed appropriate caution by banning the export of those products pending completion of an overall examination of the situation. | 0 |
863,560 | 72. In that regard, it should be recalled that Article 5(3) of Regulation No 44/2001 must be interpreted independently and strictly (judgment in CDC Hydrogen Peroxide , C‑352/13, EU:C:2015:335, paragraph 37 and the case-law cited). As regards the place where ‘the harmful event occurred or may occur’ in Article 5(3) of Regulation No 44/2001, it must be recalled that that expression is intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the applicant, in the courts for either of those places (judgment in Coty Germany , C‑360/12, EU:C:2014:1318, paragraph 46). | 7 Il convient de rappeler à titre liminaire que la réglementation communautaire relative au prélèvement supplémentaire sur le lait ne comportait, à l' origine, aucune disposition spécifique prévoyant l' attribution d' une quantité de référence aux producteurs qui, en exécution d' un engagement pris au titre du règlement n 1078/77, n' avaient pas livré de lait pendant l' année de référence retenue par l' État membre concerné. Dans les arrêts du 28 avril 1988, Mulder, point 28 (120/86, Rec. p. 2321), et Von Deetzen, point 17 (170/86, Rec. p. 2355), la Cour a toutefois déclaré que cette réglementation n' était pas valide, au motif qu' elle avait été prise en violation du principe de la confiance légitime. | 0 |
863,561 | 11. According to settled case-law, any Community national who, irrespective of his place of residence and his nationality, has exercised the right to freedom of movement for workers and who has been employed in a Member State other than that of residence falls within the scope of Article 39 EC (Case C-385/00 de Groot [2002] ECR I-11819, paragraph 76; Case C-232/01 Van Lent [2003] ECR I-11525, paragraph 14; and Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I-13389, paragraph 23). | 37 It therefore appears that, in addition to the criterion of whether a substance constitutes a production residue, a second relevant criterion for determining whether or not that substance is waste for the purposes of Directive 75/442 is the degree of likelihood that that substance will be reused, without any further processing prior to its reuse. If, in addition to the mere possibility of reusing the substance, there is also a financial advantage to the holder in so doing, the likelihood of reuse is high. In such circumstances, the substance in question must no longer be regarded as a burden which its holder seeks to `discard', but as a genuine product. | 0 |
863,562 | 43. As regards the three-yearly length-of-service increments, the Court has held that such increments, the benefit of which was reserved under Spanish law (i) to the permanent regulated staff in the health service to the exclusion of temporary staff, (ii) to teachers employed as established civil servants of an Autonomous Community to the exclusion of teachers employed as interim civil servants and (iii) to the permanent university lecturers of an Autonomous Community, to the exclusion of the university lecturers on fixed-term contracts, are covered by the concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement (see, to that effect, judgments in Del Cerro Alonso , C‑307/05, EU:C:2007:509, paragraphs 47 and 48, and Gavieiro Gavieiro and Iglesias Torres , C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58, and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraphs 32 to 34, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 37). | 27. Eu égard à son rôle de gardienne du traité, la Commission est dès lors seule compétente pour décider s’il est opportun d’engager une procédure en constatation de manquement et en raison de quel agissement ou omission imputable à l’État membre concerné cette procédure doit être introduite. Elle peut donc demander à la Cour de constater un manquement qui consisterait à ne pas avoir atteint, dans un cas déterminé, le résultat visé par une directive (arrêts du 11 août 1995, Commission/Allemagne, précité, point 22; du 5 novembre 2002, Commission/Belgique, C‑471/98, Rec. p. I‑9681, point 39, et du 10 avril 2003, Commission/Allemagne, précité, point 30). | 0 |
863,563 | 32. In that light, the basic criteria which must be taken into account in order to ensure that periodic penalty payments have coercive force and that Community law is applied uniformly and effectively are, in principle, the degree of seriousness of the infringement, its duration and the capacity of the Member State to pay. In applying those criteria, regard should be had in particular to the effects of failure to comply on private and public interests and to the urgency of inducing the Member State concerned to fulfil its obligations (see Commission v Portugal , paragraph 39 and the case-law cited). | 83
As regards ‘tobacco refuse’, point 2 of the Explanatory Notes to the HS relating to heading 2401 of the CN states that that definition includes waste resulting from the manipulation of tobacco leaves, or from the manufacture of tobacco products. | 0 |
863,564 | 154. In accordance with settled case-law, whilst the principle of freedom of expression is expressly recognised by Article 10 of the ECHR and constitutes one of the fundamental pillars of a democratic society, it nevertheless follows from Article 10(2) that freedom of expression may also be subject to certain limitations justified by objectives in the public interest, in so far as those derogations are in accordance with the law, motivated by one or more of the legitimate aims under that provision and necessary in a democratic society, that is to say justified by a pressing social need and, in particular, proportionate to the legitimate aim pursued (see, to this effect, Case C-368/95 Familiapress [1997] ECR I‑3689, paragraph 26; Case C-60/00 Carpenter [2002] ECR I‑6279, paragraph 42; Case C-112/00 Schmidberger [2003] ECR I‑5659, paragraph 79; and Karner , paragraph 50). | En ce qui concerne la recevabilité du premier moyen, il convient de rappeler que, conformément aux articles 256, paragraphe
1, TFUE, 58, premier alinéa, du statut de la Cour de justice de l’Union européenne et 168, paragraphe 1, sous d), de son règlement
de procédure, un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt ou de l’ordonnance dont l’annulation
est demandée, ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande (voir, notamment, arrêt
Ezz e.a./Conseil, C‑220/14 P, EU:C:2015:147, point 111 et jurisprudence citée). | 0 |
863,565 | 41. Thirdly, so far as concerns the condition as to proportionality, it must be borne in mind that a system of prior authorisation may, in certain circumstances, be necessary and proportionate to the aims pursued, if the same objectives cannot be attained by less restrictive measures, in particular by a system of declarations (see, to that effect, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraphs 23 to 28; Konle , cited above, paragraph 44; and Case C-483/99 Commission v France [2002] ECR I-4781, paragraph 46). | 27 As the Commission has rightly pointed out, it would be sufficient to set up an adequate system of declarations indicating the nature of the planned operation and the identity of the declarant, which would require the competent authorities to proceed with a rapid examination of the declaration and enable them, if necessary, to carry out in due time the investigations found to be necessary to determine whether capital was being unlawfully transferred and to impose the requisite penalties if national legislation was being contravened. | 1 |
863,566 | 45. In order to establish whether a subsidiary determines its conduct on the market independently, the Commission is, as a general rule, bound to take into consideration the economic, organisational and legal links which tie that subsidiary to the parent company, which may vary from case to case and cannot therefore be set out in an exhaustive list (see, to that effect, Akzo Nobel and Others v Commission , paragraphs 73 and 74, and Elf Aquitaine v Commission , paragraph 58). | 41. However, that finding does not provide a complete answer to the question referred by the national court. That court pointed out that that provision treats those who will actually receive an old-age pension from their employer in the same way as those who are eligible for such a pension. | 0 |
863,567 | 24. En effet, il ressort d’une jurisprudence constante qu’un État membre, dont les autorités ont octroyé une aide en violation des règles de procédure prévues à l’article 88 CE, ne saurait invoquer la confiance légitime des bénéficiaires pour se soustraire à l’obligation de prendre les mesures nécessaires en vue de l’exécution d’une décision de la Commission lui ordonnant de récupérer cette aide. Admettre une telle possibilité reviendrait à priver les dispositions des articles 87 CE et 88 CE de tout effet utile, dans la mesure où les autorités nationales pourraient ainsi se fonder sur leur propre comportement illégal pour mettre en échec l’efficacité des décisions prises par la Commission en vertu de ces dispositions du traité (arrêts du 20 septembre 1990, Commission/Allemagne, C‑5/89, Rec. p. I‑3437, point 17; du 7 mars 2002, Italie/Commission, C‑310/99, Rec. p. I‑2289, point 104, et du 1 er avril 2004, Commission/Italie, C‑99/02, Rec. p. I‑3353, point 21). | 63. In that connection, it should be noted that the fight against crime may constitute an overriding reason in the public interest that is capable of justifying restrictions in respect of operators authorised to offer services in the games-of-chance sector. Games of chance involve a high risk of crime or fraud, given the scale of the earnings and the potential winnings on offer to gamblers. | 0 |
863,568 | 30. In the first place, the objective of Directive 65/65, which essentially seeks to protect consumers by ensuring that public health is safeguarded, warrants such a wide definition, which gives that directive a broad scope. As the Court stated in paragraph 17 of Van Bennekom , the criterion of the ‘presentation’, which stems from the first subparagraph of Article 1(2) of the directive in question, is designed to catch not only medicinal products having a genuine therapeutic or medical effect but also those which are not sufficiently effective or do not have the effect which consumers would be entitled to expect from the way in which they are presented, in order to protect the consumer not only from harmful or toxic medicinal products, but also from a variety of products used instead of the proper remedies. The objective of Directive 95/59, recalled in p aragraph 17 of this judgment, is completely different and does not warrant such a broad definition. | 42. À cet égard, il convient de rappeler que, selon la jurisprudence de la Cour relative à l’interprétation de l’article 27 du règlement nº 44/2001, une demande qui tend à faire juger que le défendeur est responsable d’un préjudice et à le faire condamner à des dommages et intérêts, telle que l’action récursoire en cause au principal, a la même cause et le même objet qu’une action antérieure en constatation négative de ce défendeur tendant à faire juger qu’il n’est pas responsable dudit préjudice (voir, en ce sens, arrêts Tatry, précité, point 45, ainsi que du 25 octobre 2012, Folien Fischer et Fofitec, C‑133/11, point 49). | 0 |
863,569 | 22. The directive aims to coordinate the laws of the Member States as regards the legal relationship between the parties to a commercial agency contract (judgments in Honyvem Informazioni Commerciali , C‑465/04, EU:C:2006:199, paragraph 18, and Unamar , C‑184/12, EU:C:2013:663, paragraph 36). | 40. As the Court has already held, the regime established by Directive 86/653 for that purpose is mandatory in nature. Article 17 of that directive requires Member States to put in place a mechanism for providing compensation to the commercial agent after the termination of a contract. Admittedly, that article allows the Member States to choose between indemnification and compensation for damage. However, Articles 17 and 18 of the directive prescribe a precise framework within which the Member States may exercise their discretion as to the choice of methods for calculating the indemnity or compensation to be granted. Moreover, under Article 19 of the directive, the parties may not derogate from them to the detriment of the commercial agent before the contract expires ( Ingmar GB , paragraph 21). | 1 |
863,570 | 80. As a preliminary point, it is appropriate to observe, first, that the purpose of Article 2 of the Directive is to define the types of signs of which a trade mark may consist (Case C-273/00 Sieckmann [2002] ECR I-11737, paragraph 43), irrespective of the goods or services for which protection might be sought (see to that effect Sieckmann , paragraphs 43 to 55, Libertel , paragraphs 22 to 42, and Case C-283/01 Shield Mark [2003] ECR I-0000, paragraphs 34 to 41). It provides that a trade mark may consist inter alia of " words" and " letters" , provided that they are capable of distinguishing the goods or services of one undertaking from those of other undertakings. | 145. It went on to note that natural or legal persons may not rely on an alleged breach of that rule, since it is not intended to ensure protection for individuals (see, to that effect, Case C‑69/89 Nakajima v Council [1991] ECR I‑2069, paragraphs 49 and 50). | 0 |
863,571 | 25. It must be recalled that, according to settled case-law, in proceedings under Article 226 EC the question whether a Member State had failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see Case C-423/00 Commission v Belgium [2002] ECR I-593, paragraph 14, and Case C-254/05 Commission v Belgium [2007] ECR I‑4269, paragraph 39). | 14 It should be observed that it is settled law that the question whether a Member State had failed to fulfil its obligations must be determined by reference to the situation prevailing in that Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-435/99 Commission v Portugal [2000] ECR I-11179, paragraph 16, and Case C-111/00 Commission v Austria [2001] ECR I-7555, paragraph 13). | 1 |
863,572 | 62. Thus, it is settled case-law that, where a Community authority is called upon, in the performance of its duties, to make complex assessments, its discretion applies also, to a certain extent, to the finding of facts underlying its action (see, to that effect, Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 25, and Case C‑120/97 Upjohn [1999] ECR I‑223, paragraph 34). Furthermore, in such circumstances, it is the duty of the competent institution to examine carefully and impartially all the relevant aspects of the individual case (Case C‑269/90 Technische Universität München [1991] ECR I‑5469, paragraph 14). | 67. Thus, for the applicant in the main proceedings, ‘serious inconvenience’ within the meaning of Grunkin and Paul results from having to alter all the traces of a formal nature of the name ‘Fürstin von Sayn-Wittgenstein’ left in both the public and the private spheres, given that her official identity documents currently refer to her by a different name. Even if, once carried out, the alteration will eliminate all future divergence, it is probable that the applicant in the main proceedings is in possession of and will be required to produce documents issued or drawn up before the alteration, which show a different surname from that appearing in her new identity documents. | 0 |
863,573 | 12. The Court notes that, according to settled case-law, the principle of equal pay, as enshrined in Article 141 EC and Article 1 of Directive 75/117, means that, for the same work or for work to which equal value is attributed, all discrimination on grounds of sex with regard to the aspects and conditions of remuneration is prohibited in so far as that different treatment cannot be justified by an objective unrelated to sex or is not necessary to achieve the objective pursued (see to that effect, inter alia, Case C-236/98 JämO [2000] ECR I-2189, paragraph 36; and Case C-381/99 Brunnhofer [2001] ECR I-4961, paragraphs 27 and 28). | 34. Article 7 of Directive 2003/88 fulfils those criteria as it imposes on Member States, in unequivocal terms, a precise obligation as to the result to be achieved that is not coupled with any condition regarding application of the rule laid down by it, which gives every worker entitlement to at least four weeks’ paid annual leave. | 0 |
863,574 | 87. First, it is appropriate to recall that the Court has consistently held that Article 87(1) EC does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects, and thus independently of the techniques used (see British Aggregates v Commission , paragraphs 85 and 89 and the case-law cited, and Case C‑279/08 P Commission v Netherlands [2011] ECR I‑0000, paragraph 51). | 104. It should be noted that the nature and extent of the obligation on Member States under Articles 2(2) and 6(1) of Directive 2000/78 in respect of national legislation such as the old version of the BbesG have been clarified and defined from the date on which the judgment in Hennigs and Mai (EU:C:2011:560) was delivered. | 0 |
863,575 | 75. As the Advocate General has stated in points 169 and 170 of her Opinion, the General Court did not commit an error of law when, in paragraphs 118 to 129 of the judgment under appeal, it recalled and applied the settled case-law of the European Union judicature that neither the 1998 Guidelines nor the Commission’s practice as regards the level of the fines imposed in competition matters infringe the principle of non-retroactivity or the principle of the protection of legitimate expectations (see Dansk Rørindustri and Others v Commission , paragraphs 217, 218 and 227 to 231; Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission , paragraph 25; and Case C‑3/06 P Groupe Danone v Commission [2007] ECR I‑1331, paragraphs 87 to 92). | 51. In the main proceedings, the Community institutions did not fail to take account of a known factor like the system of applying the alloy surcharge. They examined the factor of the application of the alloy surcharge and concluded that it constituted a small percentage of the final price. In those circumstances, it is for the parties pleading the invalidity of the regulation to adduce evidence to show that the concerted application of the alloy surcharge by the flat product producers could have had an effect of such magnitude that the final prices of stainless steel wires could no longer be used to establish the existence of injury to the Community industry and of the causal link between that injury and the subsidised imports. | 0 |
863,576 | 100. As regards the argument that the Court of First Instance failed to take account of SGL Carbon’s financial capacity, it must be observed that, according to settled case‑law which rightly provides inspiration for paragraph 333 of the judgment under appeal, the Commission is not required, when determining the amount of the fine, to take into account the financial situation of an undertaking, since recognition of such an obligation would be tantamount to giving unjustified competitive advantages to undertakings least well adapted to the market conditions (see Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraphs 54 and 55, and SGL Carbon v Commission , paragraphs 105 and 106). | 31 The answer to the fourth question is therefore that Article 9(1) of Regulation No 714/89, in so far as it provides that no premium may be paid in the event of failure, even in part, to comply with the time-limit provided for in Article 11(2), is not contrary to the principle of proportionality. | 0 |
863,577 | 58
In that regard, to accept that children of former migrant workers can continue their education in the host Member State although their parents no longer reside there is equivalent to allowing them a right of residence which is independent of that conferred on their parents, such a right being based on Article 12 (judgment of 23 February 2010, Ibrahim and Secretary of State for the Home Department, C‑310/08, EU:C:2010:80, paragraph 41). | 64. First, a statement of that kind cannot, in the absence of appropriate justification, render a requirement for prior approval compatible with Community law. Second, such an abstract rule cannot ensure with any certainty that when the system at issue is actually applied, its application will always be consistent with the requirements of Community law. | 0 |
863,578 | 56. The exercise of that discretion is not, however, excluded from review by the Court. The Court has consistently held that in the context of such a review the courts of the European Union must verify whether the relevant procedural rules have been complied with, whether the facts admitted by the Commission have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers (Case 98/78 Racke [1979] ECR 69, paragraph 5, and Case C 16/90 Nölle [1991] ECR 1-5163, paragraph 12). | 52. Concerning first of all Article 94(2) of Regulation No 1408/71, it should be noted that it provides that all periods of insurance and, where appropriate, all periods of employment or residence completed under the legislation of a Member State before 1 October 1972 or before the date of application of the regulation in the territory of that Member State or in a part of the territory of that State are to be taken into consideration for the determination of the rights acquired under the provisions of that regulation. | 0 |
863,579 | 74. However, that right is none the less subject to certain limitations based on grounds of public or private interest. More specifically, and in reflection of recital 11 in the preamble thereto, Article 4 of Regulation No 1049/2001 provides that the institutions are to refuse access to a document where its disclosure would undermine the protection of one of the interests protected by that provision (see, to that effect, Case C‑266/05 P Sison v Council [2007] ECR I‑1233, paragraph 62; Sweden and Others v API and Commission , paragraphs 70 and 71). | 84. In the present case, Mr Fiorucci’s claim seeks not to have the judgment under appeal set aside, even in part, but amendment of a finding made by the General Court in the context of its examination of Mr Fiorucci’s second plea, a plea which it rejected moreover. | 0 |
863,580 | 16. First, it is clear from that case-law that, with regard to this type of contract, the place of performance of the obligation upon which the claim is based, as referred to in Article 5(1) of the Convention, must be determined by reference to uniform criteria which it is for the Court to lay down on the basis of the scheme and objectives of the Convention (see, inter alia , Case C-125/92 Mulox IBC [1993] ECR I-4075, paragraphs 10, 11 and 16; Case C-383/95 Rutten [1997] ECR I-57, paragraphs 12 and 13; and Case C-37/00 Weber [2002] ECR I-2013, paragraph 38). The Court has stressed that such an autonomous interpretation alone is capable of ensuring uniform application of the Convention, the objectives of which include unification of the rules on jurisdiction of the Contracting States, so as to avoid as far as possible the multiplication of the bases of jurisdiction in relation to one and the same legal relationship and to reinforce the legal protection available to persons established in the Community by, at the same time, allowing the plaintiff easily to identify the court before which he may bring an action and the defendant reasonably to foresee the court before which he may be sued ( Mulox IBC , cited above, paragraph 11; Rutten , cited above, paragraph 13). | 32. Selon une jurisprudence constante, dans le cadre d’un recours en manquement, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts du 25 mai 1982, Commission/Pays-Bas, 96/81, Rec. p. 1791, point 6; du 26 juin 2003, Commission/Espagne, C‑404/00, Rec. p. I‑6695, point 26, et du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 26). | 0 |
863,581 | 44. According to settled case-law, in interpreting a provision of European Union law it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case C-301/98 KVS International [2000] ECR I-3583, paragraph 21; Case C‑298/07 Bundesverband der Verbraucherzentralen und Verbraucherverbände [2008] ECR I-7841, paragraph 15; and Case C-403/09 PPU Detiček [2009] ECR I‑0000, paragraph 33). Account should therefore be taken, for the purposes of answering the first and fifth questions referred for a preliminary ruling, both of the wording of Article 71 of Regulation No 44/2001 and that particular article’s objective and of the context in which Article 71 occurs and the objectives pursued by the regulation. | 17 EN CE QUI CONCERNE LE CARACTERE PRETENDUMENT ARBITRAIRE DE LA DIFFERENCE DE REGIME ENTRE LES ADAPTATIONS DES ACTES DES INSTITUTIONS RESULTANT DE L' ACTE D' ADHESION LUI-MEME ET DE CELLES DES ACTES PRIS PAR LES INSTITUTIONS CONFORMEMENT A L' ARTICLE 27 DU MEME ACTE, IL Y A LIEU DE RELEVER QUE CETTE DIFFERENCE N' EST QUE LA CONSEQUENCE DES DIFFERENTES PROCEDURES CHOISIES . EN EFFET, ALORS QUE LES ADAPTATIONS PREVUES A L' ARTICLE 27 DE L' ACTE SONT ARRETEES EN VERTU D' ACTES DES INSTITUTIONS, QUI SONT SOUMIS EN TANT QUE TELS AU REGIME GENERAL DU CONTROLE DE LEGALITE PREVU PAR LE TRAITE, LES ADAPTATIONS RESULTANT DIRECTEMENT DE L' ACTE D' ADHESION NE CONSTITUENT PAS DES ACTES DES INSTITUTIONS ET NE SONT DES LORS PAS SUSCEPTIBLES D' UN CONTROLE DE LEGALITE . | 0 |
863,582 | 27. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the European Union Courts, it is for the national courts to ensure that the rights of individuals are safeguarded where the obligation to give prior notification of State aid to the Commission pursuant to Article 88(3) EC has been infringed ( van Calster and Others , paragraph 75, and Transalpine Ölleitung in Österreich and Others , paragraph 38). | 30 Therefore, if workers are entitled, under Law No 230, to reinstatement from the point of view of increases in salary, seniority and the payment by the employer of social security contributions, from the date of their original recruitment, former foreign-language assistants who have become linguistic associates must also be entitled to similar reinstatement with effect from the date of their original recruitment. | 0 |
863,583 | 50. Finally, in respect of the infringement of the principle of partnership relied on by Ireland, it is clear from Article 38(1)(c) of the Rules of Procedure of the Court of Justice, and from the case-law relating to that provision, that an application must state the subject-matter of the proceedings and a summary of the pleas in law on which the application is based, and that that statement must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the application. It is therefore necessary for the basic legal and factual particulars on which a case is based to be indicated coherently and intelligibly in the application itself (Case C-178/00 Italy v Commission [2003] ECR I-303, paragraph 6, and Case C-55/03 Commission v Spain , not published in the ECR, paragraph 23). | 159. On the other hand, if an undertaking has directly taken part in one or more of the forms of anti-competitive conduct comprising a single and continuous infringement, but it has not been shown that that undertaking intended, through its own conduct, to contribute to all the common objectives pursued by the other participants in the cartel and that it was aware of all the other offending conduct planned or put into effect by those other participants in pursuit of the same objectives, or that it could reasonably have foreseen all that conduct and was prepared to take the risk, the Commission is entitled to attribute to that undertaking liability only for the conduct in which it had participated directly and for the conduct planned or put into effect by the other participants, in pursuit of the same objectives as those pursued by the undertaking itself, where it has been shown that the undertaking was aware of that conduct or was able reasonably to foresee it and prepared to take the risk (judgment in Commission v Verhuizingen Coppens , C‑441/11 P, EU:C:2012:778, paragraph 44). | 0 |
863,584 | 50. However, while Article 81(1) EC does not restrict such an assessment to actual effects alone, as that assessment must also take account of the potential effects of the agreement or practice in question on competition within the common market, an agreement will, however, fall outside the prohibition in Article 81 EC if it has only an insignificant effect on the market (Case 5/69 Völk v Vervaecke [1969] ECR 295, paragraph 7; John Deere v Commission , paragraph 77; and Bagnasco and Others , paragraph 34). | 34 Whilst Article 85(1) of the Treaty does not restrict such an assessment to actual effects alone, in so far as it must also take account of the agreement's potential effects on competition within the common market, an agreement will nevertheless fall outside the prohibition in Article 85 if it has only an insignificant effect on the market (Case C-7/95 P Deere v Commission, cited above, paragraph 76, and Case C-8/95 P New Holland Ford v Commission, cited above, paragraph 91). | 1 |
863,585 | 39. Furthermore, it does not appear that Annex VI constitutes an expression of the customary rules enshrined by general international law which, are binding upon the institutions of the Union and form part of the legal order of the Union (see, to that effect, Case C‑386/08 Brita [2010] ECR I‑1289, paragraph 42). | 19 A difference in treatment between those two categories of taxpayers cannot therefore in itself be categorized as discrimination within the meaning of the Treaty. | 0 |
863,586 | 40 Consequently, it must be held that, by failing to adopt within the prescribed period all the provisions necessary to implement Articles 3, 4 and 5 of the Directive, the Kingdom of Spain has failed to fulfil its obligations under the Euratom Treaty. | 43. Indeed, the objective of sustaining and developing viable agriculture on the basis of social and land planning considerations entails keeping land intended for agriculture in such use and continuing to make use of it under appropriate conditions. In that context, prior supervision by the competent authorities does not merely reflect a need for information but is intended to ensure that the transfer of agricultural land will not lead to their ceasing to be used as intended or to a use which might be incompatible with their long-term agricultural use. | 0 |
863,587 | 38. However, in relation to the freedom of movement for workers, the right of establishment, the freedom to provide services and the free movement of capital, the principle of non-discrimination was implemented by Articles 39(2) EC, 43 EC, 49 EC and 56 EC respectively (see, with regard to Article 39(2) EC, Lyyski , paragraph 34; with regard to Article 49 EC, Case C‑289/02 AMOK [2003] ECR I‑15059, paragraph 26; and, with regard to Articles 43 EC and 56 EC, Case C‑222/04 Cassa di Risparmio di Firenze and Others [2006] ECR I‑289, paragraph 99). | 86. In consequence, the objectives of that common organisation cannot be compromised by national measures such as those at issue in the main proceedings since they do not as such affect the fixing of prices but rather seek to safeguard the proper working of the machinery for setting prices in order to achieve price levels which serve the interests of both producers and consumers. | 0 |
863,588 | 40. Also, the mere fact that one Member State imposes less strict rules than those applicable in another Member State does not mean that the latter’s rules are incompatible with Articles 28 EC and 30 EC (see, in particular, Commission v Germany , paragraph 51). | 61. Therefore, the second part of the complaint is well founded. The claims in the action based on failure to apply Directive 91/271 must therefore be upheld.
As regards Directive 91/676 | 0 |
863,589 | 28
In any case, the private creditor test is intended to determine whether the recipient undertaking would manifestly not have obtained comparable facilities from a private creditor in a situation as close as possible to that of the public creditor that sought to recover sums due to it by a debtor in financial difficulty (judgment of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 72) and, accordingly, whether that undertaking could, in circumstances which correspond to normal market conditions, have obtained the same advantage as that which has been made available to it through State resources (judgment of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 70). | 55. It follows that the extent of the information relating to the main characteristics of a product which has to be communicated, by a trader, in an invitation to purchase, must be assessed on the basis of the context of that invitation, the nature and characteristics of the product and the medium of communication used. | 0 |
863,590 | 40 In that connection, it should be noted that in the contested judgment the Court of First Instance merely applied, without indeed citing it, the Court's case-law where the Court, in similar circumstances, examined the conditions under which the Council, in the course of a review, had substituted price undertakings for anti-dumping duties in order to verify whether that substitution was based on a correct determination of injury in accordance with the criteria set out in Article 4(2) of the basic regulation then applicable (see Joined Cases C-305/86 and C-160/87 Neotype Techmashexport v Commission and Council [1990] ECR I-2945, paragraph 50, and Case C-323/88 Sermes [1990] ECR I-3027, paragraph 27). | 27 In accordance with Article 4(2 ) of the basic regulation, an examination of the injury suffered by the Community must involve a series of factors no one of which can give decisive guidance . | 1 |
863,591 | 26. First, it is apparent from the documents before the Court, in particular from the observations of the German Government, that (i) legal trainees are required to apply in practice the legal knowledge acquired during their studies and thus make a contribution, under the guidance of the training principal, to that person’s activities and (ii) legal trainees receive payment in the form of a monthly subsistence allowance for the duration of their training. In that regard, the Court has already held that, given that legal trainees carry out genuine and effective activity as an employed person they must be considered to be workers within the meaning of Article 39 EC (see, to that effect, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraphs 12 to 18). | 73. The Commission contends that the Court of First Instance adopted an overly restrictive interpretation of the statement made on 23 July 1997 in which TKS agreed to be held responsible for the conduct attributed to Thyssen as from 1993, even though the latter’s business in the stainless steel flat products sector had not been transferred to it until 1 January 1995. | 0 |
863,592 | 21. In that respect, it should be noted that, at paragraphs 30 to 34 of its judgment in Case C-19/03 Verbraucher-Zentrale Hamburg [2004] ECR I‑8183, the Court has already had occasion to examine the objectives of Regulation No 1103/97. | 15. In paragraph 54 of that judgment, the Court concluded that the calculation of a tax credit granted to a shareholder fully taxable in Finland, who has received dividends from a company established in another Member State, must take account of the tax actually paid by the company established in that other Member State, as such tax arises from the general rules on calculating the basis of assessment and from the rate of corporation tax in that latter Member State. | 0 |
863,593 | 25. Thirdly, it must be emphasised that Article 9 of Directive 2004/83 sets out the factors which support a finding that acts constitute persecution within the meaning of Article 1(A) of the Geneva Convention. In that regard, Article 9(1)(a) of that directive states that the relevant acts must be sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the unconditional rights from which there can be no derogation, in accordance with Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Moreover, Article 9(1)(b) of Directive 2004/83 states that an accumulation of various measures, including violations of human rights, which is sufficiently severe to affect an individual in a manner similar to that referred to in Article 9(1)(a) of that directive, must also be regarded as amounting to persecution. It is clear from those provisions that, for an infringement of fundamental rights to constitute persecution within the meaning of Article 1(A) of the Geneva Convention, it must be sufficiently serious (judgment in X and Others , EU:C:2013:720, paragraphs 51 to 53). | 153 However, the Court of First Instance rightly held, in paragraph 1100 of the contested judgment, first, that Article 3 of Regulation No 2988/74 has meaning only where a decision finding an infringement and imposing a fine, which forms the subject-matter of the action, is annulled and, second, that any annulment of a measure which the Commission has adopted is necessarily imputable to it, in the sense that it reveals an error on the Commission's part. The Court of First Instance was therefore entitled to conclude that to exclude suspension of the limitation period where the action leads to recognition of an error attributable to the Commission would deprive Article 3 of the regulation of all meaning. As it pointed out, it is the very fact that an action is pending before the Court of First Instance or the Court of Justice which justifies the suspension, and not the conclusions reached by those courts in their judgment. | 0 |
863,594 | 72. On this point it must be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of, or assessment of the validity of, a provision of Community law that is sought by the court making the reference bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-415/93 Bosman [1995] ECR I-4921, paragraphs 59 to 61, Case C-36/99 Idéal tourisme [2000] ECR I-6049, paragraph 20, and Case C-137/00 Milk Marque and National Farmers’ Union [2003] ECR I-0000, paragraph 37). | 42. L’appréciation de la similitude entre deux marques ne peut se limiter à prendre en considération uniquement un composant d’une marque complexe et à le comparer avec une autre marque. Il y a lieu, au contraire, d’opérer la comparaison en examinant les marques en cause, considérées chacune dans son ensemble, ce qui n’exclut pas que l’impression d’ensemble produite dans la mémoire du public pertinent par une marque complexe puisse, dans certaines circonstances, être dominée par un ou plusieurs de ses composants (voir arrêt OHMI/Shaker, EU:C:2007:333, point 41 et jurisprudence citée). | 0 |
863,595 | 102. It follows, inter alia, that, where the Commission has adduced sufficient evidence to establish certain circumstances in the territory of the defendant Member State, it is for that Member State to challenge in substance and in detail the data produced and the inferences drawn (see, to that effect, Case C‑365/97 Commission v Italy , paragraphs 84 and 86, and judgment of 22 December 2008 in Case C‑189/07 Commission v Spain , paragraph 82). | 24. It must be observed in that regard that, according to settled case-law of the Court, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraph 22, and Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 26). | 0 |
863,596 | 17. A judgment delivered on a reference for a preliminary ruling is such as to have effects on legal relationships which arose before its delivery. It follows, in particular, that a rule of Community law so interpreted must be applied by an administrative body within the sphere of its competence even to legal relationships which arose and were formed before delivery of the Court’s judgment ruling on the question referred to it (see, to this effect, Kühne & Heitz , cited above, paragraph 22). In the absence of Community rules on applications for the repayment of taxes, it is for the domestic legal system of each Member State to lay down the conditions under which such applications may be made; those conditions must observe the principles of equivalence and effectiveness, that is to say, they must not be less favourable than those relating to similar claims founded on provisions of domestic law or framed so as to render virtually impossible the exercise of rights conferred by the Community legal order (see, to this effect, Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12, and Case C-147/01 Weber’s Wine World and Others [2003] ECR I-11365, paragraph 103). | 56. Indeed, not all third country nationals derive rights of entry into and residence in a Member State from Directive 2004/38, but only those who are family members, within the meaning of point 2 of Article 2 of that directive, of a Union citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national ( Metock and Others , paragraph 73). | 0 |
863,597 | 60. As the Court has held, the competent authorities called on to apply and interpret the relevant national law must do so, as far as possible, in the light of the wording and the purpose of the Directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 249 EC (Joined Cases C-71/94 to C-73/94 Eurim-Pharm [1996] ECR I-3603, paragraph 26, and Case C-63/97 BMW [1999] ECR I-905, paragraph 22). | 43 Contrary to what was argued by the Finanzamt, that difference of treatment can also not be justified by the fact that the lessor established in another Member State is there subject to lower taxation. | 0 |
863,598 | 54. Where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because of the insufficiency, inconclusiveness or imprecision of the results of studies conducted, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures (see Commission v Denmark , paragraphs 52 and 53). | 55 It is true that the solution thus imposed by the wording of Article 17(2)(a) of the Sixth Directive may not appear fully consistent with the purpose of that provision and with certain objectives pursued by the Sixth Directive, such as fiscal neutrality and the avoidance of double taxation. | 0 |
863,599 | 53. The Court of Justice has already held that the Guidelines set out rules of practice from which the Commission may not depart in an individual case without giving reasons that are compatible with the principle of equal treatment. Indeed, by adopting such rules of conduct and announcing by publishing them that they will henceforth apply to the cases to which they relate, the Commission imposes a limit on the exercise of its discretion and cannot depart from those rules without running the risk of suffering the consequences of being in breach of general principles of law, such as equal treatment or the protection of legitimate expectations (see, inter alia, Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraphs 209 and 211). However, as the Commission rightly submits, although it must observe the principle of the protection of legitimate expectations when it applies its self-imposed guidelines, that principle cannot bind the Courts of the Union in the same way, in so far as they do not propose to apply a specific method of setting fines in the exercise of their unlimited jurisdiction, but consider case by case the situations before them, taking account of all the matters of fact and of law relating to those situations. | 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 |
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