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864,000 | 8 In its judgment in Case C-126/88 Boots v Commissioners of Customs and Excise [1990] ECR I-1235, at paragraph 19, the Court held that that latter provision is merely an application of the rule laid down in Article 11 A(1)(a) of the Sixth Directive, as interpreted, in particular, in the judgment in Case 230/87 Naturally Yours Cosmetics v Commissioners of Customs and Excise [1988] ECR 6365, at paragraph 16, according to which the taxable amount is the consideration actually received. | 20. Thus, if the reputation of an earlier Community trade mark is established in a substantial part of the territory of the European Union which may, in some circumstances, coincide with the territory of a single Member State, it must be held that that mark has a ‘reputation in the [European Union]’, within the meaning of Article 4(3) of Directive 2008/95, and the proprietor of that mark is not required to produce evidence of that reputation in the Member State in which the application for registration of the later national mark, which is the subject of an opposition, has been filed. | 0 |
864,001 | 45. It follows from the Court's case-law that partial annulment of a decision is possible if the elements whose annulment is sought may be severed from the remainder of the decision (see, to that effect, Case 17/74 Transocean Marine Paint v Commission [1974] ECR 1063, paragraph 21, and Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-1375, paragraph 256). That is the situation in the present case. | 31. L’article en cause possède précisément une tête formée d’un disque métallique recouvert de caoutchouc ainsi qu’un écrou qui permet de fixer les barrières de sécurité à un mur ou à un chambranle. À cet égard, l’argument de Baby Dan selon lequel l’article en cause ne peut être considéré comme ayant une tête, au motif qu’il ne posséderait ni fentes ni pans, ne saurait être retenu dans la mesure où la NC ne définit pas de manière exhaustive le type de têtes dont peuvent être pourvus les vis et les boulons relevant de la position 7318 de la NC. En effet, les vis et les boulons de ladite position peuvent avoir une tête «fendue ou à empreinte cruciforme», «à six pans creux», «hexagonale» ou «autres». | 0 |
864,002 | 24 So far as concerns the interpretation of Article 5(2) of Regulation No 1697/79, it should be observed at the outset that the Court has consistently held that that provision makes any waiver of post-clearance recovery by the authorities subject to three cumulative conditions (see, in particular, Case C-250/91 Hewlett Packard France v Directeur Général des Douanes [1993] ECR I-1819, paragraphs 12 and 13, and in Joined Cases C-47/95, C-48/95, C-49/95, C-50/95, C-60/95, C-81/95, C-92/95 and C-148/95 Olasagasti and Others v Amministrazione delle Finanze dello Stato [1996] ECR I-6579, paragraph 32). | 36. That discretion relating to the protection of public health is particularly wide where it is shown that there is still uncertainty in the current state of scientific research as to certain substances, such as vitamins, which are not as a general rule harmful in themselves but may have special harmful effects solely if taken to excess as part of the general diet, the composition of which cannot be foreseen or monitored ( Commission v Denmark , paragraph 43, and Commission v France , paragraph 50). | 0 |
864,003 | 67
The Court has repeatedly held that the concept of public policy as justification for a derogation from a fundamental freedom must be interpreted strictly, so that its scope cannot be determined unilaterally by each Member State without any control by the EU institutions. It follows therefrom that public policy may be relied on only if there is a genuine and sufficiently serious threat to a fundamental interest of society (see judgments of 14 October 2004 in Omega, C‑36/02, EU:C:2004:614, paragraph 30 and the case-law cited, and of 22 December 2010 in Sayn-Wittgenstein, C‑208/09, EU:C:2010:806, paragraph 86). | 86. The Court has repeatedly noted that the concept of public policy as justification for a derogation from a fundamental freedom must be interpreted strictly, so that its scope cannot be determined unilaterally by each Member State without any control by the European Union institutions (see Case C-36/02 Omega [2004] ECR I‑9609, paragraph 30, and Case C-33/07 Jipa [2008] ECR I‑5157, paragraph 23). Thus, public policy may be relied on only if there is a genuine and sufficiently serious threat to a fundamental interest of society (see Omega , paragraph 30 and the case‑law cited). | 1 |
864,004 | 45. It is settled case-law that the comparability of such situations must be examined in the light, inter alia, of the object of the national legislation establishing the difference in treatment (see, to that effect, Case C‑19/02 Hlozek [2004] ECR I‑11491, paragraph 46, and Kleist , paragraph 34). | 41 In the interests of the owner as proprietor of the trade mark, and to protect him against any misuse, those rights must therefore, as the Court held in Hoffmann-La Roche, be recognized only in so far as the importer complies with a number of other requirements. | 0 |
864,005 | 63. It must be borne in mind, however, that, according to the Court’s settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, inter alia, Case C‑111/00 Commission v Austria [2001] ECR I‑7555, paragraph 13, and Case C‑383/09 Commission v France [2011] ECR I‑4869, paragraph 22). | 50. En effet, sans nier l’importance du rôle essentiel qu’elles doivent pouvoir jouer pour atteindre un niveau élevé de protection des consommateurs au sein de l’Union européenne, il faut, néanmoins, constater qu’une action en cessation opposant une telle association à un professionnel n’est pas caractérisée par le déséquilibre qui existe dans le cadre d’un recours individuel impliquant un consommateur et son cocontractant professionnel. | 0 |
864,006 | 32. Par ailleurs, il convient de rappeler que la Cour a déjà jugé, aux points 39 et 41 de l’arrêt Medion et Canon Deutschland (EU:C:2007:553), qu’il résulte des notes explicatives de la NC que ce qui différencie les caméscopes relevant de la sous‑position 8525 80 91 de ceux relevant de la sous-position 8525 80 99 réside dans la capacité que ces derniers ont, outre d’enregistrer des sons et des images par l’intermédiaire de la caméra ou du micro intégrés, de pouvoir enregistrer les mêmes éléments lorsque ceux-ci proviennent de sources autres que ladite caméra ou ledit micro. La caractéristique essentielle d’un caméscope relevant de la sous-position 8525 80 99 consiste par conséquent, notamment, dans sa capacité à enregistrer des sources vidéophoniques extérieures. Toutefois, il est nécessaire que ces caméscopes puissent être utilisés pour l’enregistrement de sources vidéophoniques externes de manière autonome, c’est-à-dire sans dépendre de matériels ou de logiciels dont ils ne sont pas pourvus à l’origine. Il revient au juge national d’apprécier le degré de complexité des manipulations à effectuer, l’enregistrement devant pouvoir être aisément effectué par un utilisateur ne disposant pas de compétences particulières. À défaut, les produits devront être classés non pas dans la sous-position 8525 80 99, mais plutôt dans la sous-position 8525 80 91 de la NC (voir, par analogie, arrêt Medion et Canon, EU:C:2007:553, point 43). | 13 THE PROHIBITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT LAID DOWN IN ARTICLE 30 OF THE TREATY IS MANDATORY AND EXPLICIT AND ITS IMPLEMENTATION DOES NOT REQUIRE ANY SUBSEQUENT INTERVENTION OF THE MEMBER STATES OR COMMUNITY INSTITUTIONS .
THE PROHIBITION THEREFORE HAS DIRECT EFFECT AND CREATES INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT ; THIS OCCURRED AT THE END OF THE TRANSITIONAL PERIOD AT THE LATEST , THAT IS TO SAY ON 1 JANUARY 1970 AS THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 32 OF THE TREATY INDICATE .
| 0 |
864,007 | 36 In that connection, it must be pointed out that, according to settled case-law of the Court of Justice, respect for the rights of defence is, in all proceedings initiated against a person which are liable to culminate in a measure adversely affecting that person, a fundamental principle of Community law which must be guaranteed even in the absence of any rules governing the proceedings in question. That principle, as expounded in paragraph 21 of the judgment in Commission v Lisrestal, cited above, requires that the addressees of decisions which significantly affect their interests should be placed in a position in which they may effectively make known their views. | 8 ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR LACK OF AUTHORITY , IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL .
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864,008 | 30. Therefore, concerning the first complaint in the case which gave rise to the judgment in Commission v Luxembourg , the operative part of that judgment must be analysed in the light of paragraphs 22 and 29 to 31 thereof. It is apparent from those paragraphs that, in that case, the obligations resulting from Annexes II A(4) and III(1)(3) to Directive 91/676 were at issue. Those obligations concerned, first, the conditions for the land application of chemical fertiliser near water courses and, secondly, the establishment of a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to the crops, in particular by the addition of nitrogen compounds from chemical fertilisers. | 29. Examination of the complaints raised by the Commission in a case which gave rise to a judgment requires an analysis of the operative part of that judgment in the light of the findings and grounds underlying it. | 1 |
864,009 | 59. As regards, thirdly, the principle of fiscal neutrality, it must be recalled that that principle precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (see Case C‑240/05 Eurodental [2006] ECR I-11479, paragraph 46). | 23 Article 9 of the implementing regulation adopted under that procedure, in so far as it provides that, for recourse to equivalent compensation to be available, the equivalent goods must not only display the same commercial quality and have the same technical characteristics as the import goods, but must also fall within the same Common Customs Tariff subheading, is intended to limit, in the manner provided for by Article 2(4) of the basic regulation, recourse to the equivalent compensation system. If the equivalent goods and the import goods had the same commercial quality and technical characteristics but did not come within the same tariff subheading, recourse to the equivalent compensation system would be precluded. | 0 |
864,010 | 36
It should be observed as a preliminary point that, according to the Court’s settled case-law, in the procedure laid down by Article 267 TFEU, providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. With that in mind, the Court may have to reformulate the questions referred to it (judgment of 1 February 2017, Município de Palmela, C‑144/16, EU:C:2017:76, paragraph 20 and the case-law cited). | 39. In that regard, the more the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstances, the lower the level of indiscriminate violence required for him to be eligible for subsidiary protection. | 0 |
864,011 | 45. As to those submissions, the Court has already held that the need to guarantee the effectiveness of fiscal supervision (see, inter alia, Case C‑101/05 A [2007] ECR I‑11531, paragraph 55) and the prevention of tax evasion (see, inter alia, Case C‑451/05 ELISA [2007] ECR I‑8251, paragraph 81) constitute overriding requirements of general interest capable of justifying a restriction on the exercise of freedom of movement guaranteed by the EC Treaty. | 50. Or, il est de jurisprudence constante que la détermination de la signification et de la portée des termes pour lesquels le droit communautaire ne fournit aucune définition doit être établie conformément au sens habituel en langage courant de ceux-ci, tout en tenant compte du contexte dans lequel ils sont utilisés et des objectifs poursuivis par la réglementation dont ils font partie (voir en ce sens, notamment, arrêt du 10 mars 2005, easyCar, C‑336/03, Rec. p. I‑1947, point 21 et jurisprudence citée). | 0 |
864,012 | 54. In those circumstances, the Community Courts must restrict themselves to considering whether the exercise of that discretion contains a manifest error or constitutes a misuse of power or whether the Community institutions clearly exceeded the bounds of their discretion (see Antillean Rice Mills , paragraph 48; Case C-110/97 Netherlands v Council , paragraph 62, and Case C-301/97 Netherlands v Council , paragraph 74). | 37. In that regard, it follows from the provisions of Directive 2003/87 as a whole that that directive does not preclude the competent authorities of the Member States from carrying out additional controls or verifications, such as those carried out by the Emissionshandelsstelle after the surrender of allowances by Nordzucker. To the extent that such verifications may reveal irregularities or attempted fraud, they contribute to the correct functioning of the allowance trading scheme. However, where, in that context, a Member State authority finds that the amount of emissions for the previous year, as stated in an operator’s verified report, was understated and that, as a result, an insufficient number of allowances was surrendered, that cannot lead to the application of the penalty provided for in Article 16(3) of Directive 2003/87. | 0 |
864,013 | 42. Furthermore, in Commission v Portugal (paragraph 66 and the operative part), the Court held that the Member State concerned had failed to fulfil its obligations under Directive 75/129 since it restricted the concept of collective redundancies to redundancies for structural, technological or cyclical reasons and failed to extend that concept to dismissals for any reason not related to the individual workers concerned. | 95. In so far as concerns the second part of the third ground of appeal, the Court points out that, in the context of the review of legality provided for in Article 263 TFEU, the General Court cannot substitute its own reasoning for that of the author of the contested act and cannot fill, by means of its own reasoning, a gap in the reasoning in that act in such a way that its examination does not relate to any assessment carried out in that act (see, to that effect, Case C‑73/11 P Frucona Košice v Commission [2013] ECR I‑0000, paragraphs 87 to 90 and the case‑law cited). | 0 |
864,014 | 22. However, a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system (see, inter alia, CPP , paragraph 29; Aktiebolaget NN , paragraph 22; and Case C‑242/08 Swiss Re Germany Holding [2009] ECR I‑10099, paragraph 51). | 21. Lors de l’examen desdites conditions, il convient de vérifier, en premier lieu, si la modification litigieuse satisfait à la condition mentionnée à l’article 30, paragraphe 4, premier alinéa, sous b), du règlement n o 1260/1999, qui exige que celle-ci résulte soit d’un changement dans la nature de la propriété d’une infrastructure, soit de l’arrêt ou du changement de localisation d’une activité productive. En effet, lors de la vérification de cette condition, il convient d’apprécier les éléments qui sont à l’origine de la modification litigieuse et constituent ainsi les causes de cette modification. | 0 |
864,015 | 158 The Court of Justice has consistently held that a concerted practice refers to a form of coordination between undertakings which, without having been taken to a stage where an agreement properly so-called has been concluded, knowingly substitutes for the risks of competition practical cooperation between them (see Joined Cases 40/73 to 48/73, 50/73, 54/73, 55/73, 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraph 26, and Joined Cases C-89/85, C-104/85, C-114/85, C-116/85, C-117/85 and C-125/85 to C-129/85 Ahlström Osakeyhtiö and Others v Commission [1993] ECR I-1307, paragraph 63). | 17 Article 3 of the directive thus leaves the Member State a discretion in determining the date from which payment of claims must be ensured. However, as is already implicit in the Court' s case-law (see the judgments in Case 71/85 Netherlands v FNV [1986] ECR 3855 and Case 286/85 McDermott and Cotter v Minister for Social Welfare and Attorney General [1987] ECR 1453, paragraph 15), the right of a State to choose among several possible means of achieving the result required by a directive does not preclude the possibility for individuals of enforcing before the national courts rights whose content can be determined sufficiently precisely on the basis of the provisions of the directive alone. | 0 |
864,016 | 34
Although the objective of ensuring a safe and high-quality supply of medicinal products throughout a Member State comes, in principle, within the ambit of Article 36 TFEU, the fact remains that legislation which is capable of restricting a fundamental freedom guaranteed by the Treaty, such as the free movement of goods, can be properly justified only if it is appropriate for securing the attainment of that objective and does not go beyond what is necessary in order to attain it (see, to that effect, judgments of 9 December 2010, Humanplasma, C‑421/09, EU:C:2010:760, paragraph 34, and of 23 December 2015, Scotch Whisky Association and Others, C‑333/14, EU:C:2015:845, paragraph 33). | 52. Il y a lieu de souligner, enfin, que, l’article 233 CE n’obligeant l’institution dont émane l’acte annulé que dans les limites de ce qui est nécessaire pour assurer l’exécution de l’arrêt d’annulation (voir arrêt du 6 mars 2003, Interporc/Commission, C‑41/00 P, Rec. p. I‑2125, point 30), la procédure visant à remplacer un tel acte peut ainsi être reprise au point précis auquel l’illégalité est intervenue (arrêts du 12 novembre 1998, Espagne/Commission, C‑415/96, Rec. p. I‑6993, point 31, et Industrie des poudres sphériques/Conseil, précité, point 82). | 0 |
864,017 | 20 It must furthermore be borne in mind that the Court has consistently held (see in particular the judgment in Case C-328/90 Commission v Greece [1992] ECR I-425, paragraph 6) that, even though Article 171 of the EEC Treaty does not specify the period within which a judgment finding a failure by a Member State to fulfil its obligations must be complied with, the interest attaching to the immediate and uniform application of Community law requires that the process of compliance with a judgment must be initiated immediately and must be completed as soon as possible. | 26 THE CONCEPT OF A 'CONCERTED PRACTICE' REFERS TO A FORM OF COORDINATION BETWEEN UNDERTAKINGS, WHICH, WITHOUT HAVING BEEN TAKEN TO THE STAGE WHERE AN AGREEMENT PROPERLY SO-CALLED HAS BEEN CONCLUDED, KNOWINGLY SUBSTITUTES FOR THE RISKS OF COMPETITION, PRACTICAL COOPERATION BETWEEN THEM WHICH LEADS TO CONDITIONS OF COMPETITION WHICH DO NOT CORRESPOND TO THE NORMAL CONDITIONS OF THE MARKET, HAVING REGARD TO THE NATURE OF THE PRODUCTS, THE IMPORTANCE AND NUMBER OF THE UNDERTAKINGS AS WELL AS THE SIZE AND NATURE OF THE SAID MARKET . | 0 |
864,018 | 26
As regards the interpretation of clause 5 of the framework agreement, it should be noted that the purpose of that agreement is to implement one of the objectives of that agreement, namely to place limits on successive recourse to fixed-term employment contracts or relationships, regarded as a potential source of abuse to the detriment of workers, by laying down as a minimum a number of protective provisions designed to prevent the status of employees from being insecure (judgments of 4 July 2006, Adeneler and Others, C‑212/04, EU:C:2006:443, paragraph 63; of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 73; of 26 January 2012, Kücük, C‑586/10, EU:C:2012:39, paragraph 25; of 13 March 2014, Márquez Samohano, C‑190/13, EU:C:2014:146, paragraph 41; of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 54, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 72). | 65
Thus, the Court has held that, when a project is liable to have adverse effects on water of the kind stated in Article 4(7) of that directive, consent may be given to it, at the very least if the conditions set out in Article 4(7)(a) to (d) of that directive are satisfied (judgment of 11 September 2012 in Nomarchiaki Aftodioikisi Aitoloakarnanias and Others, C‑43/10, EU:C:2012:560, paragraphs 67 and 69). | 0 |
864,019 | 25. On the following day, Tecom brought an application for review of that refusal, claiming that, according to the judgment in Roda Golf & Beach Resort (C‑14/08, EU:C:2009:395), Article 16 of Regulation No 1393/2007 does not require legal proceedings to have been brought for service to be effected of an extrajudicial document such as the one at issue in the main proceedings. | 34 Furthermore, even where it is established that the burden of the charge has been passed on in whole or in part to third parties, repayment to the trader of the amount thus passed on does not necessarily entail his unjust enrichment (Comateb, paragraph 29). | 0 |
864,020 | 19. However, as the Court has already made clear, that preference is by no means a legal requirement infringement of which could result in the invalidity of the measure concerned (Case C-353/92 Greece v Council [1994] ECR I-3411, paragraph 50). | 19 It follows that the Court has jurisdiction to interpret the provisions of the directive even though they do not directly govern the situation at issue in the main proceedings. The questions submitted by the Vestre Landsret must for that reason be answered.
The first, second and third questions | 0 |
864,021 | 60. In that regard, it should be borne in mind that, according to settled case-law, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the notes to the sections or chapters (see, in particular, Case C-339/98 Peacock [2000] ECR I-8947, paragraph 9; Case C-495/03 Intermodal Transports [2005] ECR I-8151, paragraph 47; Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16; and Case C‑376/07 Kamino International Logistics [2009] ECR I‑1167, paragraph 31). | 36. In that regard, the fact that the beneficiary of the agri-environmental aid continued to fulfil the other conditions for the grant of that aid, and in particular his obligations relating to the use of the areas concerned, cannot prevent the exclusion from the benefit of that aid to which failure to comply with one of those conditions gives rise. The grant of that aid is subject to compliance with all of the eligibility conditions throughout the duration of the agri-environmental project to which that beneficiary has committed, with the result that failure to comply with one of those conditions is sufficient, in itself, to give rise to that exclusion. | 0 |
864,022 | 25 Second, it is important to note that freedom to provide services, as a fundamental principle of the Treaty, may be restricted only by rules which are justified by overriding reasons in the general interest and are applicable to all persons and undertakings pursuing an activity in the territory of the host Member State. Furthermore, in order to be so justified, the national legislation in question must be suitable for securing the attainment of the objective which it pursues and must not go beyond what is necessary in order to attain it (see, to that effect, Säger, paragraph 15; Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32; Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37; and Guiot, paragraphs 11 and 13). | 13. In the circumstances, the questions to be considered are, first, whether the requirements imposed by the Belgian legislation have a restrictive effect on the freedom to provide services; second, if so, whether overriding requirements of the public interest in that area justify such restrictions on the freedom to provide services; and third, if so, whether that interest is already protected by the rules of the State where the service provider is established and whether the same result can be achieved by less restrictive rules. | 1 |
864,023 | 61. However, for such compensation to escape classification as State aid in a particular case, a number of conditions must be satisfied ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 88). | 41. Any pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect. By contrast, pecuniary charges resulting from a general system of internal taxation applied systematically, in accordance with the same objective criteria, to categories of products irrespective of their origin or destination fall within Article 90 EC (See Air Liquide Industries Belgium , paragraphs 51 and 56). | 0 |
864,024 | 15 As the Court held in its judgment in Case 66/85 Lawrie-Blum v Land Baden Wuerttemberg [1986] ECR 2145, paragraphs 19 to 21, a person engaged in preparatory training in the course of occupational training must be regarded as a worker if the training period is completed under the conditions of genuine and effective activity as an employed person. | 25. Therefore, the concept of force majeure, within the meaning of the second subparagraph of Article 236(2) of the Customs Code, must be interpreted strictly. | 0 |
864,025 | In accordance with the Court’s case-law, the obligation to state reasons owed by the General Court requires it to disclose
clearly and unequivocally the reasoning followed by it, in such a way as to enable the persons concerned to ascertain the
reasons for the decision taken and the Court of Justice to exercise its power of review (see judgment of 17 October 2013,
Isdin v Bial-Portela, C‑597/12 P, EU:C:2013:672, paragraph 21 and the case-law cited). | À titre liminaire, il convient de rappeler que, selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (arrêt du 25 février 2016, , C‑454/14, non publié, EU:C:2016:117, point 39 et jurisprudence citée). | 0 |
864,026 | 57. According to the case-law of the Court of Justice, not only must the Community judicature establish whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see, to that effect, Case 98/78 Racke [1979] ECR 69, paragraph 5; Case C‑16/90 Nölle [1991] ECR I‑5163, paragraph 12; Commission v Tetra Laval, paragraph 39; and Case C‑326/05 P Industrias Químicas del Vallés v Commission [2007] ECR I‑0000, paragraph 76). However, when conducting such a review, the Community judicature must not substitute its own economic assessment for that of the Commission (order in Case C‑323/00 P DSG Dradenauer Stahlgesellschaft v Commission [2002] ECR I‑3919, paragraph 43). | 46. It follows that the concept of legal residence implied by the terms ‘have resided legally’ in Article 16(1) of Directive 2004/38 should be construed as meaning a period of residence which complies with the conditions laid down in the directive, in particular those set out in Article 7(1). | 0 |
864,027 | 62 The Court of First Instance first of all referred, in paragraph 341 of the contested judgment, to the settled case-law to the effect that the purpose of the obligation to give reasons for an individual decision is to enable the Community judicature to review the legality of the decision and to provide the party concerned with an adequate indication as to whether the decision is well founded or whether it may be vitiated by some defect enabling its validity to be challenged, the scope of that obligation being dependent on the nature of the act in question and on the context in which it was adopted (see, in particular, besides the case-law cited by the Court of First Instance, Case C-22/94 Irish Farmers Association and Others v Ministry for Agriculture, Food and Forestry, Ireland, and the Attorney General [1997] ECR I-1809, paragraph 39). | 35. By its action, the Federal Republic of Germany granted a tax advantage to the resident company with the permanent establishment situated in Austria, in the same way as if that permanent establishment had been situated in Germany. | 0 |
864,028 | 23 Second, the fact that it may be necessary to order the defendant in the main proceedings to cease its activities in the future provides sufficient justification for interpreting the relevant provisions of Regulation No 1475/95 (see, to that effect, Case C-408/95 Eurotunnel and Others v Seafrance [1997] ECR I-0000, paragraph 24). | 48. Such a danger does in fact exist if group relief is extended to the losses of non-resident subsidiaries. It is avoided by a rule which precludes relief in respect of those losses. | 0 |
864,029 | 65
The General Court, which has jurisdiction under Article 256(1) TFEU, hearing a claim for damages, is required to rule on such a claim sitting in a different composition from that which heard the dispute which gave rise to the procedure whose duration is criticised (see, inter alia, judgments of 10 July 2014 in Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 67; of 9 October 2014 in ICF v Commission, C‑467/13 P, EU:C:2014:2274, paragraph 58; and of 12 November 2014 in Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraph 19). | 7 THIS PROVISION THUS LEAVES TO THE COUNCIL THE CHOICE OF THE MEANS AND FORMS BEST SUITED TO CARRY OUT AN EMOLUMENTS POLICY IN CONFORMITY WITH THE CRITERIA LAID DOWN BY ARTICLE 65 .
THE COUNCIL, WHICH IS RESPONSIBLE FOR THE ORGANIZATION OF THE STAFF, MAY, AS PART OF THE MEANS OF IMPLEMENTATION OF ARTICLE 65, INCORPORATE PROCEDURES OF COLLECTIVE BARGAINING, SIMILAR TO THOSE PRACTISED IN THE MEMBER STATES, ACCORDING TO THEIR VARIOUS METHODS .
THE COUNCIL IS FREE TO DIVIDE UP THE DECISION-MAKING PROCESS INTO SUCCESSIVE PHASES, IN ACCORDANCE WITH A PRACTICE USUAL IN THE COMMUNITY, AND TO DECIDE CERTAIN QUESTIONS OF PRINCIPLE FIRST, IN ORDER TO FACILITATE THE APPLICATION OF SUBSEQUENT IMPLEMENTING MEASURES . | 0 |
864,030 | 30. As the General Court correctly held, in paragraphs 44 to 46 of the judgment under appeal, the fact that information is provided as part of a professional activity does not mean that it cannot be characterised as a set of personal data (see, to that effect, the judgments in Österreichischer Rundfunk and Others , C‑465/00, C‑138/01 and C‑139/01, EU:C:2003:294, paragraph 64; Commission v Bavarian Lager , C‑28/08 P, EU:C:2010:378, paragraphs 66 to 70; and Worten , C‑342/12, EU:C:2013:355, paragraphs 19 and 22). | 24 That conclusion is not invalidated by the fact that, by harmonizing the conditions in which movements of waste take place, the Regulation affects such movements and thus has a bearing on the functioning of the internal market. | 0 |
864,031 | 37 Fourth, the Court has consistently held that the scope of national laws, regulations or administrative provisions must be assessed in the light of the interpretation given to them by national courts (see, in particular, Case C-382/92 Commission v United Kingdom [1994] ECR I-2435, paragraph 36). Yet in this case the Commission has not referred in support of its application to any national judicial decision which, in its view, interprets the domestic provision at issue inconsistently with the Directive. | 13 The supply of prepared food and drink for immediate consumption is the outcome of a series of services ranging from the cooking of the food to its physical service in a recipient, whilst at the same time an infrastructure is placed at the customer' s disposal, including a dining room with appurtenances (cloak rooms, etc.), furniture and crockery. People, whose occupation consists in carrying out restaurant transactions, will have to perform such tasks as laying the table, advising the customer and explaining the food and drink on the menu to him, serving at table and clearing the table after the food has been eaten. | 0 |
864,032 | 63 In the absence of Community rules on the matter, claims for reimbursement of clawback unduly charged must be made in accordance with the detailed procedural rules laid down by national law, always provided, as the Court has consistently held, that such rules are not less favourable than those governing similar domestic claims and are not so framed as to render virtually impossible or excessively difficult the exercise of rights conferred by the Community legal system (see, for example, the judgments in Case C-338/91 Steenhorst-Neerings v Bestuur van de Berijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen [1993] ECR I-5475, paragraph 15, in Case C-410/92 Johnson v Chief Adjudication Officer [1994] ECR I-5483, paragraph 21, and in Peterbroeck, cited above, paragraph 12.) | 21 The right conferred on women by the direct effect of Article 4(1) of Directive 79/7 to claim benefits for incapacity for work under the same conditions as men must be exercised under the conditions determined by national law, provided that, as the Court has consistently held, those conditions are no less favourable than those relating to similar domestic actions and that they are not framed so as to render virtually impossible the exercise of rights conferred by Community law (see Case C-338/91 Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen [1993] ECR I-5475, paragraph 15, and Emmott, paragraph 16). | 1 |
864,033 | 35. In that regard, it is necessary, in any event, to recall that a failure to comply with an obligation imposed by a rule of Community law is itself sufficient to constitute a breach, and the fact that such a failure had no adverse effects is irrelevant (Case 95/77 Commission v Netherlands [1978] ECR 863, paragraph 13; Case C‑209/88 Commission v Italy [1990] ECR I‑4313, paragraph 14; and Case C‑333/99 Commission v France [2001] ECR I‑1025, paragraph 37). | 30 In the light of those considerations the reply to the second question is that the term `preliminary investigation proceedings' in the third indent of Article 3(2) of the directive must be interpreted as including an administrative procedure such as that referred to in Paragraph 7(1)(2) of the UIG, which merely prepares the way for an administrative measure, only if it immediately precedes a contentious or quasi-contentious procedure and arises from the need to obtain proof or to investigate a matter prior to the opening of the actual procedure. | 0 |
864,034 | 12 In that connection, it should be recalled that, according to the Court's settled case-law, a Member State may not plead situations in its internal legal order, including those resulting from its federal organisation, in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-298/95 Commission v Germany [1996] ECR I-6747, paragraph 18, and Case C-236/99 Commission v Belgium [2000] ECR I-5657, paragraph 23). | 96 THIS SUBMISSION MUST THEREFORE BE REJECTED . | 0 |
864,035 | 56. However, the definitive assessment in this regard is a matter for the competent national courts which are charged with the task of determining whether the material acts at issue constitute a set of facts which are inextricably linked together in time, in space and by their subject-matter (see Van Esbroeck , paragraph 38). | 25 The annulment by the Court of First Instance of the act submitted to it for judicial review was therefore only partial. In order for the OHIM to take the necessary measures to comply with the contested judgment, as these are referred to in paragraph 54 thereof, the OHIM could therefore have simply confined itself to considering the trade mark application in the light of Article 7(3) of Regulation No 40/94 without altering its interpretation of Article 7(1)(b) and (c) of the regulation, which the Court of First Instance had endorsed. | 0 |
864,036 | 78. Dès lors, afin d’apprécier si un opérateur a fait preuve de «négligence manifeste», au sens de l’article 239, paragraphe 1, second tiret, du code des douanes, il convient d’appliquer, par analogie, les critères utilisés dans le cadre de l’article 220 du code des douanes pour vérifier le caractère décelable par un opérateur économique d’une erreur commise par l’autorité douanière (voir arrêts Söhl & Söhlke, EU:C:1999:548, points 55 et 56, ainsi que Pays-Bas/Commission, C‑156/00, EU:C:2003:149, point 92). | 39
However, as the Advocate General has noted in points 48 and 63 of his Opinion, Ms Ormazabal’s acquisition of British citizenship gave rise to a change in the legal rules applicable to her, under both national law and the directive. | 0 |
864,037 | 40. As regards Directive 77/799, it must be recalled that, under the combined provisions of Article 1(1), (3), and (4) thereof, the competent authorities of the Member States are to exchange any information which may enable them to effect a correct assessment of income taxes in particular. Article 2 of Directive 77/799 provides that this exchange of information is to occur at the request of the competent authority of the Member State concerned. As is clear from Article 3 of that directive, the competent authorities of the Member States are also to exchange information without prior request, automatically, in respect of certain categories of cases referred to in the directive or even, in accordance with Article 4 thereof, spontaneously. Lastly, Article 11 of Directive 77/799 states that the provisions of the directive are not to impede the fulfilment of any wider obligations to exchange information which might flow from other legal acts ( ELISA , paragraphs 39, 40 and 42). | 114. The Court has consistently held that there is a misuse of power where an institution adopts a measure with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (see, in particular, Case C‑84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 69, and Case C-48/96 P Windpark Groothusen v Commission [1998] ECR I-2873, paragraph 52). | 0 |
864,038 | 31 Finally, as regards specifically the last part of the question, the Court has consistently held that a limitation of the effects in time of an interpretative preliminary ruling can only be in the actual judgment ruling upon the interpretation sought (see, in particular, the judgment of 16 July 1992 in Case C-163/80 Administration des Douanes et Droits Indirects v Legros and Others [1992] ECR I-4625, paragraph 30). Consequently, if the Court had considered it necessary to impose a limit in time on the rule that the right to be a member of an occupational pension scheme is covered by Article 119, it would have done so in the Bilka judgment. | 47. In these circumstances, the use in the export declarations of customs code 10 00 indicating the export of Community goods instead of code 31 51 used for the re-export of goods under the inward processing procedure must be classified as ‘removal’ of those goods from customs supervision (see, by way of analogy, British American Tobacco , paragraph 53). | 0 |
864,039 | 53 It is settled case-law that medical activities fall within the scope of Article 60 of the Treaty, there being no need to distinguish in that regard between care provided in a hospital environment and care provided outside such an environment (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16; Society for the Protection of Unborn Children Ireland, paragraph 18, concerning advertising for clinics involved in the deliberate termination of pregnancies; and Kohll, paragraphs 29 and 51). | 82. In assessing whether the measures in question are necessary, it should be noted that the immediate objective pursued by the Community legislature, as apparent from the first four recitals in the preamble to Regulation No 261/2004, is to strengthen protection for passengers who suffer cancellation of, or long delays to, flights, by redressing, in an immediate and standardised manner, certain damage caused to passengers placed in such circumstances. | 0 |
864,040 | 36 On this point, it must be remembered that the letter of formal notice from the Commission to the Member State and then the reasoned opinion issued by the Commission delimit the subject-matter of the dispute, which thus cannot thereafter be extended. The opportunity for the State concerned to be able to submit its observations, even if it chooses not to avail itself thereof, constitutes an essential guarantee intended by the Treaty, adherence to which is an essential formal requirement of the procedure for finding that a Member State has failed to fulfil its obligations. Consequently, the reasoned opinion and the proceedings brought by the Commission must be based on the same complaints as those set out in the letter of formal notice initiating the pre-litigation procedure (see, in particular, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 55). | 90. In this respect, it is for the referring court to examine whether the Danish legislature, in pursuing the legitimate aims of, first, promoting the recruitment of persons with illnesses and, secondly, striking a reasonable balance between the opposing interests of employees and employers with respect to absences because of illness, omitted to take account of relevant factors relating in particular to workers with disabilities. | 0 |
864,041 | 93
Thus, the criteria and thresholds referred to in Article 4(2)(b) of Directive 85/337 are designed to facilitate examination of the actual characteristics of any given project in order to determine whether it is subject to the requirement to carry out an environmental impact assessment (judgments in Salzburger Flughafen, C‑244/12, EU:C:2013:203, paragraph 30, and in Marktgemeinde Straßwalchen and Others, C‑531/13, EU:C:2015:79, paragraph 41). | 61. As regards the aim of standardisation, in the context of professions in the public sector, it must be noted, as the Advocate General noted in point 63 of her View, that, in so far as such an aim ensures observance of the principle of equal treatment for all persons in a specific sector and relates to an essential element of their employment relationship, such as the time of retirement, that aim can constitute a legitimate employment policy objective. | 0 |
864,042 | 48. In that case, as such a project has been authorised before the expiry of the time-limit for transposing the Habitats Directive, it would not be subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, set out in that directive (see, to that effect, Case C-209/04 Commission v Austria [2006] ECR I-2755, paragraphs 53 to 62). | 74. En effet, en ce qui concerne, en particulier, la force probante dont jouit un acte notarié, il convient de préciser que celle-ci relève du régime des preuves consacré par la loi dans l’ordre juridique en cause. Ainsi, l’article 157 du code de procédure civile, lequel détermine la force probante de l’acte authentique, fait partie du chapitre IX, intitulé «De la preuve», du titre II du livre I dudit code. La force probante conférée par la loi à un acte donné n’a donc pas d’incidence directe sur la question de savoir si l’activité comportant l’établissement de cet acte, prise en elle-même, constitue une participation directe et spécifique à l’exercice de l’autorité publique, ainsi que l’exige la jurisprudence (arrêts précités Thijssen, point 8, et du 24 mai 2011, Commission/Belgique, point 100; Commission/France, point 91; Commission/Luxembourg, point 101; Commission/Autriche, point 100; Commission/Allemagne, point 102, ai nsi que Commission/Grèce, point 93). | 0 |
864,043 | 29. First, the Court notes that the manner in which images are transmitted is not a determining factor in that assessment, as evidenced by the use in Article 1(a) of Directive 89/552 of the terms ‘by wire or over the air, including that by satellite, in unencoded or encoded form’. The Court has thus held that transmission by cable comes within the scope of that directive, even though cable distribution was not very widespread at the time when Directive 89/552 was adopted (see Case C‑11/95 Commission v Belgium [1996] ECR I-4115, paragraphs 15 to 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,044 | 26
The Court has held that, when no proof of use of the mark concerned is submitted within the time limit set by the Office, the opposition must automatically be rejected by it. However, when evidence is produced within the time limit set by the Office, the production of supplementary evidence remains possible (see, to that effect, judgment of 18 July 2013 in New Yorker SHK Jeans v OHIM, C‑621/11 P, EU:C:2013:484, paragraphs 28 and 30). | 30. It follows from the foregoing that, as the General Court correctly found in the judgment under appeal, where, as in this case, evidence considered relevant for the purposes of establishing use of the mark at issue was produced within the time limit set by OHIM under Rule 22(2) of Regulation No 2868/95, the submission of additional proof of such use remains possible after the expiry of that time limit. In such a case, and as the General Court also correctly found, OHIM is in no way prohibited from taking account of evidence submitted out of time through use of the discretion conferred on it by Article 76(2) of Regulation No 207/2009, as was noted at paragraphs 22 and 23 of this judgment. | 1 |
864,045 | 21. First of all, it should be noted that, as a general rule, the Court will refrain from considering the principle of tax neutrality with a view to ascertaining whether EU law precludes national rules which lay down time-limits within which a VAT refund must be claimed, failing which the action is time-barred (see, to that effect, Case C‑85/97 SFI [1998] ECR I‑7447, paragraphs 22 to 36; Case‑62/00 Marks & Spencer [2002] ECR I‑6325, paragraphs 22 to 47; and Case C‑472/08 Alstom Power Hydro [2010] ECR I‑623, paragraphs 14 to 22). | 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 |
864,046 | 73. Article 6(4) of that directive must, as an exception to the criterion for authorisation laid down in the second sentence of Article 6(3), be interpreted strictly (see Case C‑304/05 Commission v Italy , paragraph 82). | 39. It has been held, however, that a Member State must be able to check whether an undertaking established in another Member State and which deploys in its territory workers who are nationals of a non-member country is not availing itself of the freedom to provide services for a purpose other than the accomplishment of the service in question, for instance, that of bringing his workers for the purpose of placing workers or making them available (see Rush Portuguesa , paragraph 17). | 0 |
864,047 | 25. In that regard, at paragraph 40 of Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, the Court held that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish, in addition, that they could not on any view have been avoided by measures appropriate to the situation, that is to say, by measures which, at the time those extraordinary circumstances arise, meet, inter alia, conditions which are technically and economically viable for the air carrier concerned. Indeed, that air carrier must, as the Court specified at paragraph 41 of that judgment, establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able, unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time, to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight. | 89. The fact that reimbursement of the hospital treatment in question is subsequently sought from a national health service such as that in question in the main proceedings does not mean that the rules on the freedom to provide services guaranteed by the Treaty do not apply (see to that effect Smits and Peerbooms , paragraph 55, and Müller-Fauré and van Riet , paragraph 39). It has already been held that a supply of medical services does not cease to be a supply of services within the meaning of Article 49 EC on the ground that the patient, after paying the foreign supplier for the treatment received, subsequently seeks the reimbursement of that treatment from a national health service (see Müller-Fauré and van Riet , paragraph 103). | 0 |
864,048 | 22. It follows from that article that a Member State may, in the course of legal proceedings, challenge the legality of a regulation against which it has not brought an action for annulment before the expiry of the time-limits laid down in the fifth paragraph of Article 230 EC. It should be pointed out in that regard that since the right of the Member States to bring an action for annulment of a regulation is not limited, the plea of inadmissibility raised by the Council and the Commission – to the effect, essentially, that a Member State may not plead the illegality of a regulation after the expiry of the abovementioned time-limits if it could have sought the annulment thereof within those time-limits – would mean, if accepted, that Member States do not have the right to query, in the course of legal proceedings, the legality of a regulation in order to invoke its inapplicability before the Court. As the Advocate General points out in paragraph 61 of his Opinion, since such an approach would constitute an infringement of the terms of Article 241 EC which gives that right to ‘any party’ (see Case C‑11/00 Commission v ECB [2003] ECR I‑7147, paragraph 76), the plea of inadmissibility must be rejected. | 76. The principles thus recalled nevertheless do not in any way affect the rule laid down by Article 241 EC, which provides that any party may, in proceedings in which a regulation of the kind referred to in Article 241 EC is at issue, plead the grounds specified in the second paragraph of Article 230 EC in order to invoke before the Court of Justice the inapplicability of that regulation. | 1 |
864,049 | 27. On the other hand, a trader’s choice between exempt transactions and taxable transactions may be based on a range of factors, including tax considerations relating to the VAT system. Where the taxable person chooses one of two transactions, the Sixth Directive does not require him to choose the one which involves paying the higher amount of VAT. On the contrary, taxpayers may choose to structure their business so as to limit their tax liability (see Halifax and Others , paragraph 73, and Part Service , paragraph 47). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,050 | 61. With regard to an insured person whose travel to another Member State is for reasons relating to tourism or education, for example, and not to any inadequacy in the health service to which he is affiliated, the rules of the Treaty on freedom of movement offer no guarantee that all hospital treatment services which may have to be provided to him unexpectedly in the Member State of stay will be neutral in terms of cost. Given the disparities between one Member State and another in matters of social security cover and the fact that the objective of Regulation No 1408/71 is to coordinate the national laws but not to harmonise them, the conditions attached to a hospital stay in another Member State may, according to the circumstances, be to the insured person’s advantage or disadvantage (see, by analogy, Joined Cases C‑393/99 and C‑394/99 Hervein and Others [2002] ECR I‑2829, paragraphs 50 to 52; Case C‑387/01 Weigel [2004] ECR I‑4981, paragraph 55; and Case C‑392/05 Alevizos [2007] ECR I‑3505, paragraph 76). | 42. Second, the use of waste as a fuel in cement kilns is an operation referred to in point R1 of Annex II B to the Directive where the conditions in which that operation is to take place give reason to believe that it is indeed a "means to generate energy" . This assumes both that the energy generated by, and recovered from, combustion of the waste is greater than the amount of energy consumed during the combustion process and that part of the surplus energy generated during combustion should effectively be used, either immediately in the form of the heat produced by incineration or, after processing, in the form of electricity. | 0 |
864,051 | 26. It should be made clear that, since it is a matter of a derogation from the general rules of Community law, the two conditions stated in paragraph 24 of this judgment must be interpreted strictly and the burden of proving the existence of exceptional circumstances justifying the derogation to those rules lies on the person seeking to rely on those circumstances (see Case C-26/03 Stadt Halle and RPL Lochau [2005] ECR I-1, paragraph 46, and Parking Brixen , paragraph 63). | 53. It follows that the decision of the Court of First Instance directly affects IP, BC and PG, and that the appeals brought by them are admissible.
Substance | 0 |
864,052 | 18 IT IS THEREFORE NECESSARY TO CONSIDER WHETHER THE APPLICANT HAS SUCCEEDED IN SHOWING THAT THE COMMUNITY INCURRED LIABILITY BY REASON OF THE FACT THAT BY ARTICLE 1 OF REGULATION NO 1669/82 THE COMMISSION EXCLUDED THE ADJUSTMENT OF REFUNDS FIXED IN ADVANCE FOR THE PERIOD DURING WHICH EXIMO APPLIED FOR AND OBTAINED THE EXPORT LICENCE WHICH IT DID NOT USE . THE QUESTION WHETHER THE APPLICATION IS WELL FOUNDED MUST IN THIS REGARD BE EXAMINED FROM THE POINT OF VIEW OF THE REQUIREMENTS TO WHICH ACTIONS AGAINST LEGISLATIVE ACTS OF THE COMMUNITY ARE SUBJECT , ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT ( SEE MOST RECENTLY THE JUDGMENT OF 17 . 12 . 1981 , JOINED CASES 197 TO 200 , 243 , 245 AND 247/80 ( LUDWIGSHAFENER WALZMUHLE ( 1981 ) ECR 3211 , PARAGRAPHS 17 TO 19 OF THE DECISION ).
| 44. Indeed, the action of the hotel by which it gives access to the broadcast work to its customers constitutes an additional service which has an influence on the hotel’s standing and, therefore, on the price of rooms (see, to that effect, SGAE , paragraph 44). Moreover, it is likely to attract additional guests who are interested in that additional service (see, by analogy, Joined Cases C-403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraph 205). | 0 |
864,053 | 25. For that purpose, according to the eighth recital in its preamble, the First Directive established a system based on the presumption that vehicles normally based on EU territory are covered by insurance. Article 3(1) of that directive thus provides that Member States are to take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in their territory is covered by insurance ( Mendes Ferreira and Delgado Correia Ferreira , paragraph 25). | 19 Regulations of that kind may be justified, however, by the requirements of road safety, which constitute overriding reasons relating to the public interest, within the meaning of the judgment in Gouda (see Case C-288/89 [1991] ECR I-4007, paragraphs 13 and 14). | 0 |
864,054 | 38. Ensuite, la notion de «restriction» au sens des articles 43 CE et 49 CE porte sur les mesures qui interdisent, gênent ou rendent moins attrayant l’exercice de la liberté d’établissement ou de la libre prestation des services (arrêts du 13 décembre 2007, Commission/Italie, C‑465/05, Rec. p. I‑11091, point 17, et du 28 avril 2009, Commission/Italie, C‑518/06, non encore publié au Recueil, point 62). | 76. Accordingly, since the conditions that the act of which annulment is sought should be of direct concern and individual concern are cumulative, the consequence, if one of those conditions is not met by an applicant, is that an action brought by him for annulment of that act must be held to be inadmissible. | 0 |
864,055 | 90
That exercise involves, in accordance with Article 23(3) of Regulation No 1/2003, taking into consideration, with respect to each undertaking sanctioned, the seriousness and duration of the infringement at issue, in compliance with the principles of, inter alia, adequate reasoning, proportionality, the individualisation of penalties and equal treatment (see, to that effect, judgments in Commission and Others v Siemens Österreich and Others, C‑231/11 P to C‑233/11 P, EU:C:2014:256, paragraphs 53 and 56; Guardian Industries and Guardian Europe v Commission, C‑580/12 P, EU:C:2014:2363, paragraph 75; and Commission v Parker Hannifin Manufacturing and Parker-Hannifin, C‑434/13 P, EU:C:2014:2456, paragraph 77), and without the Court being bound by the indicative rules defined by the Commission in its guidelines (see, by analogy, judgment in Italy v Commission, C‑310/99, EU:C:2002:143, paragraph 52), even where the latter may give guidance to the EU Courts when they exercise their unlimited jurisdiction (see, to that effect, judgment in Commission v Verhuizingen Coppens, C‑441/11 P, EU:C:2012:778, paragraph 80 and the case-law cited). | 40. However, it is conceivable that, in certain circumstances, the application of such a remuneration model may amount to an abuse, in particular when another method exists which enables the use of those works and the audience to be identified and quantified more precisely and that method is capable of achieving the same legitimate aim, which is the protection of the interests of composers and music editors, without however leading to a disproportionate increase in the costs incurred for the management of the contracts and the supervision of the use of musical works protected by copyright. | 0 |
864,056 | 19 The Court also held, in paragraph 52 of Bristol-Myers Squibb, that reliance on trade-mark rights by their proprietor in order to oppose marketing under that trade mark of products repackaged by a third party would contribute to the partitioning of markets between Member States, in particular where the proprietor has placed an identical pharmaceutical product on the market in several Member States in various forms of packaging and the product may not, in the condition in which it has been marketed by the trade mark proprietor in one Member State, be imported and placed on the market in another Member State by a parallel importer. In this context, the Court pointed out, in paragraph 56 of Bristol-Myers Squibb, that the power of the proprietor of trade-mark rights should be limited only in so far as the repackaging undertaken by the importer is necessary in order to market the product in the Member State of import. | 74 IN THIS REGARD , IT SHOULD BE REMEMBERED THAT THE PURPOSE OF PIONEER , WHICH IS A WHOLLY-OWNED SUBSIDIARY OF THE PARENT COMPANY IN JAPAN , IS TO IMPORT PIONEER EQUIPMENT INTO EUROPE AND TO ORGANIZE SALES OF SUCH EQUIPMENT . TO THAT END , IT ATTEMPTS TO FIND A DISTRIBUTOR IN EACH OF THE MEMBER STATES IN QUESTION , OFFERS IT AN EXCLUSIVE DISTRIBUTORSHIP AGREEMENT , DIVIDES THE PRODUCTS IMPORTED AMONGST THE NATIONAL DISTRIBUTORS AND SEEKS TO COORDINATE THEIR SALES EFFORTS , INTER ALIA BY HOLDING REGULAR MEETINGS .
| 0 |
864,057 | 20. Consequently, Member States are free, as a rule, to adopt economic policy measures, such as price controls on the markets for certain essential goods or resources, determining the manner in which the value of the emission allowances allocated free of charge to producers is to be passed on to consumers (judgment in Iberdrola and Others , EU:C:2013:660, paragraph 29). | 29. Consequently, Member States are free, as a rule, to adopt economic policy measures, such as price controls on the markets for certain goods or essential resources, determining the manner in which the value of the emission allowances allocated free of charge to producers is to be passed on to consumers. | 1 |
864,058 | 32 The fact remains that a goods duty which, as the Court held in paragraphs 20 to 24 of Haahr, forms part of a general system of internal dues applying systematically to categories of products according to objective criteria applied without regard to the origin of the products, constitutes an internal measure of a fiscal nature within the meaning of Article 18 of the EEC/Sweden Agreement, and that application to imported products alone of a surcharge in addition to the duty payable on domestic and imported products is contrary to the prohibition of discrimination laid down in that provision. | 54. In accordance with Article 10(1) of Directive 2000/78 and recital 31 in the preamble thereto, the rules on the burden of proof must be adapted when there is a prima facie case of discrimination. In the event that Ms Coleman establishes facts from which it may be presumed that there has been direct discrimination, the effective application of the principle of equal treatment then requires that the burden of proof should fall on the respondents, who must prove that there has been no breach of that principle. | 0 |
864,059 | 38. Since Article 10 of Directive 1999/31 and Articles 1 to 3 of Directive 2000/35 have direct effect, they are binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities, and those authorities are required to apply them (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33 and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 61 and the case‑law cited). | 22. On that point the Court has held, in relation to Commission Regulation No 1041/67/EEC of 21 December 1967 on detailed rules for the application of export refunds on products subject to a single price system (OJ, English Special Edition 1967, p. 323), that the requirement of ‘sound and fair marketable quality’ constitutes a general, objective condition for the grant of a refund, whatever the requirements as to category and quality laid down by the regulations fixing the amounts of refund for each product. A product which could not be marketed within the Community under normal conditions and under the description given in the claim for the grant of a refund would not meet these requ irements as to quality (see Case 12/73 Muras [1973] ECR 963, point 12). | 0 |
864,060 | 16 As regards the second of those arguments, it is sufficient to recall that the Court has also consistently held (see, in particular, paragraph 13 of the judgment in Eurico Italia, cited above) that, in view of the distribution of functions between itself and the national courts, it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organization and procedure of the courts. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,061 | 65. In that respect, it is sufficient to note that, in accordance with consistent case-law, an objective of a purely economic nature cannot justify a restriction on a fundamental freedom guaranteed by the Treaty (see, to that effect, Case C‑120/95 Decker [1998] ECR I‑1831, paragraph 39; Verkooijen , paragraph 48; Case C‑171/08 Commission v Portugal [2010] ECR I‑0000, paragraph 71). | 35. That could be so in particular in the case of a ‘letterbox’ company not carrying out any business in the territory of the Member State in which its registered office is situated. | 0 |
864,062 | 186. Furthermore, it must be recalled that the principle of equal treatment is a general principle of European Union law, enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union. The Court has consistently held that the principle of equal treatment requires that comparable situations must not be treated differently, and different situations must not be treated in the same way, unless such treatment is objectively justified (see Case C‑550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others [2010] ECR I‑8301, paragraphs 54 and 55 and case-law cited). | 62. Regulation No 17 places the undertaking being investigated under a duty of active cooperation, which means that it must be prepared to make any information relating to the object of the inquiry available to the Commission (Case 374/87 Orkem v Commission [1989] ECR 3283, paragraph 27). | 0 |
864,063 | 124. With regard, next, to the alleged existence of a principle of inviolability of the criteria for the award of licences, it should be borne in mind that – contrary to the assertions of the appellants – in paragraph 60 of its judgment in Case C‑324/98 Telaustria and Telefonadress [2000] ECR I‑10745, the Court of Justice merely confirmed that contracting authorities are required to comply with the principle of non-discrimination even where they conclude contracts which are outside the scope of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84), without in any way establishing the existence of a principle of inviolability. | 60 In that regard, it should be borne in mind that, notwithstanding the fact that, as Community law stands at present, such contracts are excluded from the scope of Directive 93/38, the contracting entities concluding them are, none the less, bound to comply with the fundamental rules of the Treaty, in general, and the principle of non-discrimination on the ground of nationality, in particular. | 1 |
864,064 | 75 With regard to the first aspect, it must be emphasised that, in Germany v Council, cited above, the Court held that it was lawful to introduce the global tariff quota for imports of third-country and non-traditional ACP bananas as distinct from traditional imports from the ACP countries which enjoyed favourable terms under the Lomé Convention. | 21
It follows from this that a supply of services is effected ‘for consideration’ within the meaning of Article 2(1) of the Sixth VAT Directive, and hence is taxable, only if there is a legal relationship between the provider of the service and the recipient, pursuant to which there is reciprocal performance, the remuneration received by the provider of the service constituting the value actually given in return for the service supplied to the recipient (see judgments of 3 March 1994 in Tolsma, C‑16/93, EU:C:1994:80, paragraph 14; 29 October 2009 in Commission v Finland, C‑246/08, EU:C:2009:671, paragraph 44; and 27 October 2011 in GFKL Financial Services, C‑93/10, EU:C:2011:700, paragraph 18). | 0 |
864,065 | 77. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Thijssen , paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 46. Thus, according to settled case-law, derogation under those articles must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority (Case 2/74 Reyners [1974] ECR 631, paragraph 45; Case C-42/92 Thijssen [1993] ECR I-4047, paragraph 8; Commission v Spain , paragraph 35; and Case C-283/99 Commission v Italy [2001] ECR I-4363, paragraph 20). | 1 |
864,066 | 74
In view of the objective of ensuring the stability of the banking system in the euro area, and having regard to the imminent risk of financial losses to which depositors with the two banks concerned would have been exposed if the latter had failed, such measures do not constitute a disproportionate and intolerable interference impairing the very substance of the appellants’ right to property. Consequently, they cannot be regarded as unjustified restrictions on that right (see, by analogy, judgment of 10 July 2003, Booker Aquaculture and Hydro Seafood, C‑20/00 and C‑64/00, EU:C:2003:397, paragraphs 79 to 86). | 66. As is apparent from the answer given to the second question in Case C-608/10, in a case such as those in the main proceedings, the customs offices of export are, in principle, empowered to apply Article 78(1) and (3) of the Customs Code and to verify an export declaration in order to correct the name of the exporter featuring therein. The considerations which led to this answer are, moreover, fully capable of being transposed to the verification and amendment of a T5 control copy when, as is the case in Case C-10/11, this is used as an export declaration for the purpose of export refunds. It therefore does not appear that the amending decisions in question are, from that angle, flawed, let alone seriously and manifestly flawed. | 0 |
864,067 | 34. A trade mark ' s distinctiveness within the meaning of Article 3(1)(b) of the Directive must be assessed, first, by reference to those goods or services and, second, by reference to the perception of the relevant public, which consists of average consumers of the goods or services in question, who are reasonably well informed and reasonably observant and circumspect (see, inter alia, Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161, paragraph 41, and Case C-104/01 Libertel [2003] ECR I-3793, paragraphs 46 and 75). | 10. Under the heading ‘Reproduction’, Article 18 of the CTLIP provides:
‘Reproduction means the fixation of the work on a medium which enables communication of the work and copying of the whole or part of the work.’ | 0 |
864,068 | 77 The self-employed medical specialists who are members of the LSV therefore carry on an economic activity and are thus undertakings within the meaning of Articles 85, 96 and 90 of the Treaty. The complexity and technical nature of the services they provide and the fact that the practice of their profession is regulated cannot alter that conclusion (see, to that effect, Case C-35/96 Commission v Italy, cited above, paragraphs 37 and 38). | 44. In this respect, it must be observed that the downloading of a copy of a computer program and the conclusion of a user licence agreement for that copy form an indivisible whole. Downloading a copy of a computer program is pointless if the copy cannot be used by its possessor. Those two operations must therefore be examined as a whole for the purposes of their legal classification (see, by analogy, Joined Cases C-145/08 and C-149/08 Club Hotel Loutraki and Others [2010] ECR I-4165, paragraphs 48 and 49 and the case-law cited). | 0 |
864,069 | 51. It must also be recalled that it is not all third-country nationals who derive rights of entry into and residence in a Member State from Directive 2004/38, but only those who are a ‘family member’ within the meaning of Article 2(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 (judgment in Iida , C‑40/11, EU:C:2012:691, paragraph 51 and the case-law cited). | 25. In those circumstances, the Tribunal Català de Contractes del Sector Públic also satisfies the criterion of compulsory jurisdiction. | 0 |
864,070 | 50. Similarly, in relation to Articles 49 EC and 50 EC, the Court has already held that national rules which, in matters of taxation, refuse to allow non-residents to deduct business expenses which are directly linked to the activity that generated the taxable income in the Member State concerned, while allowing residents to do so, risk operating mainly to the detriment of nationals of other Member States and are contrary to those articles (see, to that effect, Case C‑234/01 Gerritse [2003] ECR I‑5933, paragraphs 27 and 28). | 44. That interpretation of Note 5(B)(a) to Chapter 84 of the CN, the wording of which expressly takes into consideration two categories of units of automatic data-processing machines, that is to say that relating to the kind used ‘solely’ in an automatic data processing system and that relating to units used ‘principally’ in such a system, cannot, however, be accepted. | 0 |
864,071 | 74. Finally, with regard to a situation such as that in the main proceedings, in which a decision has been taken by the competent authorities of the host Member State to expel a Turkish national after his conviction there for several offences under national legislation, it must be pointed out that it is Article 14(1) of Decision 1/80 which establishes the relevant legal framework authorising the Member States to take the necessary measures. Those authorities are, however, obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security, and in addition they must observe the principle of proportionality (see, to that effect, Nazli , paragraphs 57 to 61, and, by analogy, Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraphs 39, 43 and 44). In particular, a measure ordering expulsion based on Article 14(1) of that decision may be taken only if the personal conduct of the person concerned indicates a specific risk of new and serious prejudice to the requirements of public policy. Consequently, such a measure cannot be ordered automatically following a criminal conviction and with the aim of general deterrence (see Case C-383/03 Dogan [2005] ECR I-6237, paragraph 24). | 39. An argument based on the need to preserve the coherence of the Austrian tax system cannot therefore be accepted. | 0 |
864,072 | 39. In that regard, it should be noted that, as a measure of secondary legislation, the second comitology decision, like the first, cannot add to the rules of the Treaty (see Case C-240/90 Germany v Commission [1992] ECR I-5383, paragraph 42). | 112. Thus, the solution adopted by the Court in PreussenElektra cannot be applied to the present case. Consequently, the General Court correctly held in paragraph 75 of the judgment under appeal that the Kingdom of the Netherlands had foregone the collection of those resources. | 0 |
864,073 | 25. As regards the first plea of inadmissibility, it is sufficient to state that it is clear from the Court's case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia , Case C-174/01 Commission v Luxembourg [2002] ECR I-11171, paragraph 18). Given that the reasoned opinion was dated 2 August 1999 and that there was a two-month period within which to comply with it, the fact that the regimes introduced by Royal Decrees Nos 40/1998 and 552/1998, as amended, expired on 17 February 2001 and 5 October 2000 respectively does not affect the question whether an infringement existed at the end of that period. | 18. First of all, it should be pointed out that it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia , Case C-148/00 Commission v Italy [2001] ECR I-9823, paragraph 7, and Case C-177/01 Commission v France [2002] ECR I-5137, paragraph 13). | 1 |
864,074 | 31 It should be noted in that connection that, in the absence of Community harmonization ° as in the present case ° national measures which are necessary in order to ensure that products are accurately described are compatible with Article 30 et seq. of the Treaty, provided that they avoid any confusion on the part of consumers and ensure fair trading (see, in particular, Case 216/84 Commission v France [1988] ECR 793, paragraph 11). | 59 Next, as the United Kingdom Government was right to point out, the best approach to the comparison of statistics is to consider, on the one hand, the respective proportions of men in the workforce able to satisfy the requirement of two years' employment under the disputed rule and of those unable to do so, and, on the other, to compare those proportions as regards women in the workforce. It is not sufficient to consider the number of persons affected, since that depends on the number of working people in the Member State as a whole as well as the percentages of men and women employed in that State. | 0 |
864,075 | 25. In that regard, it should be borne in mind that, according to settled case‑law, the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, inter alia, Case C-380/01 Schneider [2004] ECR I‑1389, paragraph 20; Case C-228/05 Stradasfalti [2006] ECR I‑8391, paragraph 44; and Case C-313/07 Kirtruna and Vigano [2008] ECR I-0000, paragraph 25). | 44 The file and the pleadings show that the crucial point is whether Protocol No 2 is intended only to clarify the limitation of the effects in time of the Barber judgment, as set out above, or whether it has wider scope. | 0 |
864,076 | 16 The Court also held that the limitation of the effects in time of the judgment in Case C-262/88 Barber v Guardian Royal Exchange Group [1990] ECR I-1889 did not apply to the right to join an occupational pension scheme (Vroege, paragraph 32, and Fisscher, paragraph 28). The Court further held that the direct effect of Article 119 of the Treaty could be relied on in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and might be so relied on as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne v SABENA [1976] ECR 455, in which the Court held for the first time that Article 119 has direct effect. | 61. While the prohibition of marketing tobacco products for oral use under Article 8 of Directive 2001/37 constitutes one of the restrictions referred to in Articles 28 EC and 29 EC, it is nevertheless justified, as indicated in paragraph 58 above, on grounds of the protection of human health. It cannot therefore, in any event, be regarded as having been adopted in breach of the provisions of Articles 28 EC and 29 EC. | 0 |
864,077 | 15 It has consistently been held that any measure capable of hindering, directly or indirectly, actually or potentially, intra-Community trade constitutes a measure having an effect equivalent to a quantitative restriction (Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5, and Case C-412/93 Leclerc-Siplec v TF1 Publicité and M6 Publicité [1995] ECR I-179, paragraph 18). | 23QUE , DANS CES CONDITIONS , PERMETTRE A L ' ETAT MEMBRE DESTINATAIRE D ' UNE DECISION PRISE EN VERTU DE L ' ARTICLE 93 , PARAGRAPHE 2 , ALINEA 1 , DE REMETTRE EN CAUSE LA VALIDITE DE CELLE-CI , A L ' OCCASION DU RECOURS VISE A L ' ALINEA 2 DE CETTE MEME DISPOSITION , NONOBSTANT L ' EXPIRATION DU DELAI PREVU A L ' ARTICLE 173 , ALINEA 3 , DU TRAITE , SERAIT INCONCILIABLE AVEC LES PRINCIPES REGISSANT LES VOIES DE RECOURS INSTITUEES PAR LE TRAITE , ET PORTERAIT ATTEINTE A LA STABILITE DE CE SYSTEME AINSI QU ' AU PRINCIPE DE LA SECURITE JURIDIQUE DONT CELUI-CI S ' INSPIRE ; | 0 |
864,078 | 79. If examination of a Community measure shows that it pursues a twofold purpose or that it has a twofold component, and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component (see, in particular, Case C-42/97 Parliament v Council [1999] ECR I-869, paragraphs 39 and 40, and Case C-36/98 Spain v Council , cited above, paragraph 59). | 39 In that connection, it is not sufficient for the contested decision to pursue a twofold purpose or for an analysis of its content to disclose the existence of a twofold component. | 1 |
864,079 | 34. To that extent, the argument that Article 9(2)(e) of the Sixth Directive should, as an exception to a rule, be narrowly construed must be rejected (Case C108/00 SPI [2001] ECR I‑2361, paragraph 17). | 158. According to the Court’s settled case-law, the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed ( Dansk Rørindustri and Others v Commission , paragraph 112, and Akzo Nobel and Others v Commission , paragraph 54). That concept must be understood as designating an economic unit even if in law that economic unit consists of several persons, natural or legal (Case 170/83 Hydrotherm Gerätebau [1984] ECR 2999, paragraph 11, and Akzo Nobel and Others v Commission , paragraph 55). | 0 |
864,080 | 41
By contrast, when the Commission has referred a matter to the Standing Committee on the Food Chain and Animal Health and a decision has been adopted at Union level, the factual and legal assessments relating to that case and contained in such a decision are binding on all bodies of the Member State which is the addressee of such a decision, in accordance with Article 288 TFEU, including national courts which are called on to assess the lawfulness of measures adopted at national level (see, to that effect, judgment of 8 September 2011, Monsanto and Others, C‑58/10 to C‑68/10, EU:C:2011:553, paragraph 80 and the case-law cited). | 66. Against that background, a condition such as at issue must be regarded as compatible with Community law despite its restrictive effects on trade if it is shown that it is necessary and proportionate and capable of upholding the reputation of the PDO "Prosciutto di Parma" (see, to that effect, Belgium v Spain , paragraphs 58 and 59). | 0 |
864,081 | 21. In the light of those objectives, each of those criteria must be interpreted in functional terms (see, as regards similar provisions before Directive 2004/18 Commission v France , paragraph 43 and the case-law cited, and Bayerischer Rundfunk and Others , paragraph 40), that is to say, given an interpretation independent of the formal rules for its use (see, by analogy, Case C‑360/96 BFI Holding [1998] ECR I‑6821, paragraphs 62 and 63), and each criterion must be understood to create close dependence on the public authorities. | 20 BY ITS DECISION OF 20 AND 21 MARCH 1972 THE COUNCIL INTENDED FOR THE IMPLEMENTATION OF ARTICLE 65 TO BIND ITSELF FOR A DEFINITE PERIOD TO OBSERVE FIXED CRITERIA, IN PARTICULAR BY UNDERTAKING TO FIX THE INCREASE IN SALARIES IN RELATION TO THE INCREASE IN THE PURCHASING POWER OF NATIONAL SALARIES WITHIN THE BRACKET FORMED BY THE TWO ABOVEMENTIONED INDICES . | 0 |
864,082 | 105
It is also important to recall that it follows from the objective of ensuring an equivalent level of protection in all Member States, pursued by that directive, that Article 7 thereof sets out an exhaustive and restrictive list of cases in which the processing of personal data can be regarded as being lawful (see judgment of 24 November 2011, ASNEF and FECEMD, C‑468/10 and C‑469/10, EU:C:2011:777, paragraph 30). | 34. However, the Court’s case-law shows that a call for tenders is not mandatory where a public authority which is a contracting authority exercises over the separate entity concerned control similar to that which it exercises over its own departments, provided that that entity carries out the essential part of its activity with the public authority or with other controlling local or regional authorities (see, to that effect, Teckal , paragraph 50, and Stadt Halle and RPL Lochau , paragraph 49). | 0 |
864,083 | 84. 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). | 65. Secondly, the imposition of an out-of-court settlement procedure such as that provided for under the national legislation at issue, does not seem – in the light of the detailed rules for the operation of that procedure, referred to in paragraphs 54 to 57 of this judgment – disproportionate in relation to the objectives pursued. In the first place, as the Advocate General stated in point 47 of her Opinion, no less restrictive alternative to the implementation of a mandatory procedure exists, since the introduction of an out-of-court settlement procedure which is merely optional is not as efficient a means of achieving those objectives. In the second place, it is not evident that any disadvantages caused by the mandatory nature of the out-of-court settlement procedure are disproportionate to those objectives. | 0 |
864,084 | 102. As regards the second condition, the Court has made it clear that a sufficiently serious infringement of EU law is established where it implies that the Member State had a manifest and grave disregard for the limits set on its discretion, the factors to be taken into consideration in that connection being, inter alia, the degree of clarity and precision of the rule infringed and the measure of discretion that the rule leaves to the national authorities ( Synthon , C‑452/06, EU:C:2008:565, paragraph 37 and the case-law cited). The discretion enjoyed by the Member State thus constitutes an important criterion in determining whether there has been a sufficiently serious infringement of EU law ( Robins and Others , C‑278/05, EU:C:2007:56, paragraph 72). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
864,085 | 31. In this respect, it must be noted that, in the absence of harmonisation of national enforcement procedures, the detailed rules establishing the right of appeal against a decision ruling on the legality of a contractual clause, arising in the course of mortgage enforcement proceedings, are matters falling within the domestic legal order of each Member State, in accordance with the principle of the procedural autonomy of the Member States. Nonetheless, the Court has emphasised that those detailed rules must meet the conditions that they should be no less favourable than those governing similar domestic situations (principle of equivalence) and that they should not in practice render impossible or excessively difficult the exercise of rights conferred by the EU legal order (principle of effectiveness) (see, to that effect, judgments in Mostaza Claro , C‑168/05, EU:C:2006:675, paragraph 24; Asturcom Telecomunicaciones , C‑40/08, EU:C:2009:615, paragraph 38; Aziz , EU:C:2013:164, paragraph 50; and Barclays Bank , EU:C:2014:279, paragraph 37). | 5 AVANT D' EXAMINER LES DIFFERENTS GRIEFS AVANCES PAR LA COMMISSION QUANT A LA CONFORMITE DE LA LEGISLATION FRANCAISE AVEC LA DIRECTIVE, IL CONVIENT D' OBSERVER QUE LA TRANSPOSITION EN DROIT INTERNE DES NORMES COMMUNAUTAIRES N' EXIGE PAS NECESSAIREMENT UNE REPRISE FORMELLE ET TEXTUELLE DE SES DISPOSITIONS DANS UNE DISPOSITION EXPRESSE ET SPECIFIQUE ET QU' ELLE PEUT SE SATISFAIRE D' UN CONTEXTE JURIDIQUE GENERAL, DES LORS QUE CELUI-CI ASSURE EFFECTIVEMENT LA PLEINE APPLICATION DE LA DIRECTIVE D' UNE FACON SUFFISAMMENT CLAIRE ET PRECISE ( VOIR ARRET DU 23 MAI 1985, COMMISSION/ALLEMAGNE, 29/84, REC . P . 1661 ). TOUTEFOIS, L' EXACTITUDE DE LA TRANSPOSITION REVET UNE IMPORTANCE PARTICULIERE DANS UN CAS COMME CELUI DE L' ESPECE OU LA GESTION DU PATRIMOINE COMMUN EST CONFIEE, POUR LEUR TERRITOIRE RESPECTIF, AUX ETATS MEMBRES .
PREMIER GRIEF : NON-TRANSPOSITION DE L' ARTICLE 5, SOUS B ) ET C ), DE LA DIRECTIVE | 0 |
864,086 | 40. That interpretation made it possible to relieve the taxable person in question of the burden of the VAT paid in the course of its economic activity. Accordingly, the taxable person’s additional argument that it had to be able to rely on the recipient’s taxable operations in order to be entitled to deduct all the VAT incurred on those services was rejected ( Abbey National , paragraphs 31 and 32). | 13 HOWEVER , IN EXERCISING ITS OWN POWERS , THE APPOINTING AUTHORITY IS REQUIRED TO TAKE DECISIONS WHICH ARE FREE OF IRREGULARITIES . IT CANNOT THEREFORE BE BOUND BY DECISIONS OF A SELECTION BOARD WHERE THE ILLEGALITY OF THOSE DECISIONS IS LIABLE TO VITIATE ITS OWN DECISIONS .
| 0 |
864,087 | 62
As regards, in the second place, the justification based on the need to maintain the cohesion of a national tax system it must be recalled that the Court has acknowledged that this constitutes an overriding reason in the public interest. In order for an argument based on such a justification to succeed, the Court requires that the existence of a direct link be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see, to that effect, judgment of 16 April 2015, Commission v Germany , C‑591/13, EU:C:2015:230, paragraph 74 and the case-law cited). | 8THE FOREGOING CONSIDERATIONS ARE APPLICABLE TO MEASURES RELATING TO THE PROPERTY OF SPOUSES WHETHER THEY ARE PROVISIONAL OR DEFINITIVE IN NATURE .
AS PROVISIONAL PROTECTIVE MEASURES RELATING TO PROPERTY - SUCH AS THE AFFIXING OF SEALS OR THE FREEZING OF ASSETS - CAN SERVE TO SAFEGUARD A VARIETY OF RIGHTS , THEIR INCLUSION IN THE SCOPE OF THE CONVENTION IS DETERMINED NOT BY THEIR OWN NATURE BUT BY THE NATURE OF THE RIGHTS WHICH THEY SERVE TO PROTECT .
| 0 |
864,088 | 70. Third, with regard to the arguments based on Article 86(2) EC, it must be borne in mind that, in accordance with settled case-law, it is incumbent upon a Member State which invokes that article to show that all the conditions for application of that provision are fulfilled (Case C‑160/08 Commission v Germany [2010] ECR I‑3713, paragraph 126 and the case-law cited). | 40. By his two grounds of appeal, Mr Anbouba submits, in essence, that in the judgment under appeal the General Court failed to comply with the rules relating to the burden of proof as regards restrictive measures by accepting the existence of a presumption of support for the Syrian regime in his regard and not requiring the Council to provide additional evidence in support of his inclusion on the lists of persons subject to such measures. | 0 |
864,089 | 26. It should also be noted that the transactions exempted under Article 13B(d)(3) of the Sixth Directive are defined in terms of the nature of the services provided and not in terms of the person supplying or receiving the service (see SDC , paragraphs 32 and 56; Case C-305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I‑6729, paragraph 64; and Swiss Re Germany Holding , paragraph 44 and the case-law cited). The exemption is therefore not subject to the condition that the transactions be effected by a certain type of institution or legal person, where the transactions in question relate to the sphere of financial transactions (see, to that effect, SDC , paragraph 38; Velvet & Steel Immobilien , paragraph 22; and Swiss Re Germany Holding , paragraph 46). | 29. It follows that questions concerning European Union law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36, and Case C‑509/10 Geistbeck [2012] ECR I‑0000, paragraph 48). | 0 |
864,090 | 23
It is apparent from the settled case-law of the Court that the general principle which ensures that any person has the right to plead, in an action brought against a national measure which adversely affects that person, that the EU act on which that measure is based is invalid does not preclude such a right from being subject to the condition that the person concerned did not have the right to apply directly to the Courts of the European Union for annulment of that act under Article 263 TFEU. However, it is only if it can be held that a person would undoubtedly have been entitled to apply for the annulment of the act in question under the conditions laid down in that article that that person is prevented from pleading before the national court having jurisdiction that the act is invalid (see, to that effect, judgments in TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraph 23; Valimar, C‑374/12, EU:C:2014:2231, paragraphs 28 and 29; and TMK Europe, C‑143/14, EU:C:2015:236, paragraph 18). | 28. It must be pointed out that the possibility for a litigant to plead before the court hearing its action the invalidity of provisions in European Union acts presupposes that the party in question had no right of direct action under Article 263 TFEU by which it could challenge those provisions (see judgments in TWD Textilwerke Deggendorf (EU:C:1994:90), paragraph 23, and Bolton Alimentari , C‑494/09, EU:C:2011:87, paragraph 22). | 1 |
864,091 | 66. By the same token, it is also established case-law that the subject-matter of the proceedings thus defined at the pre-litigation stage can no longer be extended or altered by the form of order sought in the application at the litigation stage (see, to that effect, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 56; Case C‑365/97 Commission v Italy [1999] ECR I-7773, paragraph 25; and Case C-105/02 Commission v Germany [2006] ECR I-9659, paragraphs 47 and 48). Lastly, whether a Member State has failed to fulfil its o bligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see Case C-104/06 Commission v Sweden [2007] ECR I-0000, paragraph 28). | 57. It is apparent from recitals 1 and 3 in the preamble to Regulation No 1972/2003 that its objective is to preserve the common organisation of markets by avoiding, by means of a system of deterrent charges on surplus stocks in the new Member States, certain agricultural products being moved artificially to those States with a view to enlargement. The aim is thus to prevent abnormal patterns of trade from disrupting the common organisation of markets. | 0 |
864,092 | 22. The harmonised system of civil liability on the part of producers for damage caused by defective products, established by Directive 85/374, is intended, as is clear from the first recital in the preamble thereto, to ensure undistorted competition between economic operators, to facilitate the free movement of goods and to avoid differences in levels of consumer protection. The limits set by the European Union (‘EU’) legislature to the scope of the directive are the result of a complex balancing of, inter alia, those different interests (see, to that effect, Commission v France , paragraphs 17 and 29, and Commission v Greece , paragraphs 13 and 29). | 27. The Court may, certainly, of its own motion, on a proposal from the Advocate General or at the request of the parties, order that the oral procedure should be reopened in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see, in particular, Case C-209/01 Schilling and Fleck-Schilling [2003] ECR I‑13389, paragraph 19, and Case C-30/02 Recheio – Cash & Carry [2004] ECR I‑6051, paragraph 12). | 0 |
864,093 | 27 The Court has consistently held that the provisions of the Treaty concerning the free movement of workers may not be applied to a situation purely internal to a Member State. In particular, the mere fact that, under the legislation of a Member State, a foreign worker is in a more favourable situation than a national of that Member State is not sufficient to confer on that national the benefit of the Community rules on the free movement of workers if all the circumstances characterizing his situation are confined within a single Member State of which he is a national (see, to this effect, the judgment in Case 44/84 Hurd v Jones (Her Majesty' s Inspector of Taxes) [1986] ECR 29, paragraphs 55 and 56, and the judgment in Case C-332/90 Steen v Deutsche Bundespost [1992] ECR I-341, paragraphs 5, 9 and 10). | 65
As regards the first condition, the Court has already stated on many occasions that a sufficiently serious breach of a rule of law intended to confer rights on individuals must be established (see, inter alia, judgments of 4 July 2000, Bergaderm and Goupil v Commission, C‑352/98 P, EU:C:2000:361, paragraph 42, and of 10 July 2014, Nikolaou v Court of Auditors, C‑220/13 P, EU:C:2014:2057, paragraph 53). | 0 |
864,094 | 87. Those criteria must in principle be applied by the national courts in accordance with the guidelines laid down by the Court (see, in particular, Brasserie du Pêcheur and Factortame , cited above, paragraphs 55 to 58). | 22 Cette constatation vaut, en particulier, pour les articles 40 et 41, figurant dans le titre III relatif à la coopération dans le domaine de la main-d' oeuvre, qui, loin de revêtir un caractère purement programmatique, établissent, dans le domaine des conditions de travail et de rémunération et dans celui de la sécurité sociale, un principe susceptible de régir la situation juridique des particuliers . | 0 |
864,095 | 33 In relation to the arguments relied upon by the Italian Government to justify that restriction, it is appropriate to point out that it is also settled case-law that the freedom to provide services, as one of the fundamental principles of the Treaty, may be restricted only by rules justified by overriding requirements relating to the public interest and applicable to all persons and undertakings operating in the territory of the State where the service is provided, in so far as that interest is not safeguarded by the rules to which the provider of such a service is subject in the Member State where it is established (see, in particular, the above-cited judgments in Parodi, paragraph 21; Arblade and Others, paragraph 34; and Commission v Italy, paragraph 23). | 23 The freedom to provide services, being one of the fundamental principles of the Treaty, may be restricted only by rules justified by the public interest and applicable to all persons and undertakings operating in the territory of the Member State where the service is provided, in so far as that interest is not safeguarded by the rules to which the provider of such a service is subject in the Member State where he is established (Case C-355/98, cited above, paragraph 37). | 1 |
864,096 | 60. Article 9 of Directive 98/5, although it does not preclude appeal proceedings being brought before a body which is not a court or tribunal, does not provide that a legal remedy may be open to the person concerned only after all other remedies have been exhausted. In any event, where an appeal before a non-judicial body is provided for by national law, Article 9 requires actual access within a reasonable period (see, by way of analogy, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 180 to 205, 223 and 234) to a court or tribunal as defined by Community law, which is competent to give a ruling on both fact and law. | 96. Without there being any need to consider whether, in its provisions affecting tobacco products exported to non-member countries, the Directive also pursued an objective linked to the implementation of the common commercial policy under Article 133 EC, that objective is in any event secondary in relation to the aim and content of the Directive as a whole, which is primarily designed to improve the conditions for the functioning of the internal market. | 0 |
864,097 | 67 It must, however, be remembered that these are distinct pleas, each of which may be raised in proceedings under Article 173 of the Treaty. The first, alleging absence of reasons or inadequacy of the reasons stated, goes to an issue of infringement of essential procedural requirements within the meaning of that article and, involving a matter of public policy, must be raised by the Community judicature of its own motion (see, in particular, Case C-166/95 P Commission v Daffix [1997] ECR I-983, paragraph 24). By contrast, the second, which goes to the substantive legality of the contested decision, is concerned with infringement of a rule of law relating to the application of the Treaty within the meaning of Article 173, and can be examined by the Community judicature only if it is raised by the applicant. | 49. In those circumstances, even accepting that the activities at issue in the main proceedings could have no purpose other than that of using the cord stem cells thus preserved in connection with medical care provided in a hospital environment and could not be diverted to other uses, those activities cannot be regarded as actually being supplied as services ancillary to the hospital or medical care received by the patients in question and constituting the principal service. | 0 |
864,098 | 17 It must be borne in mind, as the Court held in its judgment of 21 November 1989 in Case C-244/88 Usines coopératives de déshydration du Vexin and Others v Commission (( 1989 )) ECR 3811, paragraph 12 of the decision, that a regulation suspending advance fixing affects both applications pending when the suspension comes into operation and those lodged during the period of suspension . Similarly, in the present case, the contested regulation affects all the applications for advance fixing lodged during the period of suspension . | 8 THOSE DEFINITIONS SHOW THAT THE SCOPE OF THE TERM "ECONOMIC ACTIVITIES" IS VERY WIDE, INASMUCH AS IT COVERS ALL THE SERVICES PROVIDED BY THE LIBERAL PROFESSIONS, AND THAT THE TERM IS OBJECTIVE IN CHARACTER, IN THE SENSE THAT THE ACTIVITY IS CONSIDERED PER SE AND WITHOUT REGARD TO ITS PURPOSE OR RESULTS . | 0 |
864,099 | 68
In those circumstances, it should also be recalled that, as is clear from settled case-law, wherever the provisions of a directive appear, as far as their subject matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by individuals as against the Member State, particularly in its capacity as an employer. Moreover, the Court has previously held that that case-law can be applied to agreements which, like the framework agreements on parental leave, are the product of a dialogue between management and labour at EU level and have been implemented, in accordance with their legal basis, by a directive of the Council, of which they are thus an integral component (see, to that effect, judgment of 22 April 2010, Zentralbetriebsrat der Landeskrankenhäuser Tirols, C‑486/08, EU:C:2010:215, paragraphs 22 and 23). | 51. For that purpose, that provision aims to create a rational delimitation of the respective areas covered by national rules on VAT by determining in a uniform manner the point of reference for tax purposes of supplies of services. | 0 |
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