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864,200 | 43. The Court has also pointed out that the number of hospitals, their geographical distribution, the mode of their organisation and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning, generally designed to satisfy various needs, must be possible. For one thing, such planning seeks to ensure that there is sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. For another thing, it assists in meeting a desire to control costs and to prevent, as far as possible, any wastage of financial, technical and human resources. Such wastage would be all the more damaging because it is generally recognised that the hospital care sector generates considerable costs and must satisfy increasing needs, while the financial resources which may be made available for healthcare are not unlimited, whatever the mode of funding applied ( Smits and Peerbooms , paragraphs 76 to 79, and Watts , paragraphs 108 and 109). | 26. In the present case, in the system established by Paragraph 42b of the UrhG for the financing of fair compensation within the meaning of Article 5(2)(b) of Directive 2001/29, the private copying levy is payable by those who make available, for commercial purposes and for consideration, recording media suitable for reproduction. | 0 |
864,201 | 67. The right to property is one of the fundamental rights protected by the Court (Hauer , cited above, paragraph 17). | 97. À cet égard, la Cour a précisé que la liste des critères pertinents n’est pas exhaustive et que l’appréciation du caractère raisonnable dudit délai n’exige pas un examen systématique des circonstances de la cause au regard de chacun de ces critères lorsque la durée de la procédure apparaît justifiée au regard d’un seul de ceux-ci. Ainsi, la complexité de l’affaire ou un comportement dilatoire du requérant peut être retenu pour justifier un délai de prime abord trop long (voir, notamment, arrêt Der Grüne Punkt – Duales System Deutschland/Commission, précité, point 182 et la jurisprudence citée). | 0 |
864,202 | 59
In that regard, the Court has found that national legislation offering a company which transfers its place of effective management to another Member State the choice between, first, immediate payment of the tax and, second, deferred payment of that tax, possibly together with interest in accordance with the applicable national legislation, would constitute a measure less harmful to freedom of establishment than the immediate recovery of that tax (see judgments of 29 November 2011, National Grid Indus, C‑371/10, EU:C:2011:785, paragraphs 73 and 85, and of 16 April 2015, Commission v Germany , C‑591/13, EU:C:2015:230, paragraph 67 and the case-law cited). Moreover, the Court held that it is permissible for the Member State to take account of the risk of non-recovery of the tax, which increases with the passage of time, in its national legislation applicable to deferred payment of tax liabilities, by measures such as the provision of a bank guarantee (see, to that effect, judgment of 29 November 2011, National Grid Indus, C‑371/10, EU:C:2011:785, paragraph 74). | 41 IT WOULD BE INCONSISTENT WITH THIS OBJECTIVE TO INTERPRET THE CONDITIONS UNDER WHICH THE ACTION IS ADMISSIBLE SO RESTRICTIVELY AS TO LIMIT THE AVAILABILITY OF THIS PROCEDURE MERELY TO THE CATEGORIES OF MEASURES REFERRED TO BY ARTICLE 189 . | 0 |
864,203 | 33. In the second place, concerning the period of work to which the right to paid annual leave relates, and the possible consequences that an alteration in the work pattern, in relation to the number of hours worked, can or must have on the total leave rights already accumulated and on the exercise of those rights over time, it should be noted that, according to the Court’s settled case-law, the taking of annual leave in a period after the period during which the entitlement to leave has been accumulated has no connection to the time worked by the worker during that later period (judgment in Zentralbetriebsrat der Landeskrankenhäuser Tirols , C‑486/08, EU:C:2010:215, paragraph 32). | 30. According to settled case-law established by the judgment in LTM (56/65, EU:C:1966:38), the alternative nature of those requirements, indicated by the conjunction ‘or’, leads to the need to consider, in the first place, the precise purpose of the concerted practice, in the economic context in which it is to be pursued. Where, however, an analysis of the terms on which the concerted practice is conducted does not reveal a sufficient degree of harm to competition, the effects of the concerted practice should then be considered and, for it to be caught by the prohibition, it is necessary to find that those factors are present which show that competition has in fact been prevented, restricted or distorted to an appreciable extent (see judgments in Beef Industry Development Society and Barry Brothers , C‑209/07, EU:C:2008:643, paragraph 15, and T-Mobile Netherlands and Others , C‑8/08, EU:C:2009:343, paragraph 28). | 0 |
864,204 | 28. The Court has also held that regulations adopted for the implementation of Article 51 of the Treaty must be interpreted in the light of the objective pursued by that article, which is the establishment of the greatest possible freedom of movement for migrant workers within the Community (see Case 10/78 Belbouab [1978] ECR 1915, paragraph 5, and Case C-105/89 Buhari Haji [1990] ECR I-4211, paragraph 20). | 38. As regards, next, the fact that the tangible assets essential to the performance of the activity at issue in the main proceedings belonged at all times to ADIF, it must be recalled that, in accordance with the case-law cited in paragraph 28 above, whether or not ownership of tangible assets is transferred is not relevant for the purposes of the application of Directive 2001/23. | 0 |
864,205 | 33. In that respect, it should also be noted, as the Court has already held, that the concept of an ‘extrajudicial document’ must be given a broad definition and cannot be limited to documents that are connected to legal proceedings alone; it may include documents drawn up by notaries (see, to that effect, judgment in Roda Golf & Beach Resort , C‑14/08, EU:C:2009:395, paragraphs 56 to 59). | 61. In those circumstances, the financial consequences for gas supply undertakings in Germany that have concluded special contracts with consumers for the supply of natural gas cannot be determined on the sole basis of the interpretation of European Union law given by the Court in the present case (see, by analogy, Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 131). | 0 |
864,206 | 22. However, the restrictions imposed by the Member States must satisfy the conditions laid down in the case-law of the Court as regards their proportionality, that is to say, be suitable for ensuring attainment of the objective pursued and not go beyond what is necessary in order to achieve that objective. It should also be recalled in this connection that national legislation is appropriate for ensuring attainment of the objective relied on only if it genuinely reflects a concern to attain it in a consistent and systematic manner. In any event, the restrictions must be applied without discrimination (see, to this effect, Case C-42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I-7633, paragraphs 59 to 61 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,207 | 90. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from well established case‑law that the purpose of the legislation concerned must be taken into consideration (Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34; Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 34; and Accor , paragraph 31). | 37. As regards the question whether the national legislation at issue in the main proceedings falls within the scope of Article 43 EC on freedom of establishment or Article 56 EC on free movement of capital, it must be noted that the question referred concerns national measures relating to the taxation of dividends, in terms of which, irrespective of the extent of the holding of the shareholder receiving the dividend, a resident company receiving dividends from another resident company is granted a tax credit, whereas, for a non-resident company receiving such dividends, the grant of a tax credit is dependent on the provisions of such DTC, if any, as the United Kingdom may have concluded with the State in which that company is resident. Under some DTCs, such as that concluded with the Kingdom of the Netherlands, the amount of the tax credit varies depending on the extent of the holding of the shareholder in the company making the distribution. | 1 |
864,208 | 20. Accordingly, where a request for a preliminary ruling concerns the interpretation or validity of EU law, the Court may refuse to rule on such a request only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( Aziz EU:C:2013:164, paragraph 35). | 22 IT FOLLOWS , THEREFORE , THAT ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .
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864,209 | 85 So, in considering whether Article 100a was the proper legal basis, the Court must verify whether the measure whose validity is at issue in fact pursues the objectives stated by the Community legislature (see, in particular, Spain v Council, cited above, paragraphs 25 to 41, and Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 10 to 21). | 46. In those circumstances, the validity of Articles 42(8b) and 44a of Regulation No 1290/2005 and of Regulation No 259/2008 must be assessed in the light of the provisions of the Charter. | 0 |
864,210 | 76. However, even if the Commission were to declare, in a future final decision, that the State guarantee is compatible with the internal market, the national court is still required to order the recovery of that State aid, in accordance with its national law. If the direct effect of the last sentence of Article 108(3) TFEU is not to be compromised or the interests of individuals, which are to be protected by national courts, are not to be disregarded, the Commission’s final decision does not have the effect of regularising ex post facto the implementing measures which were unlawful by reason of their having been adopted in continuation of the prohibition laid down by that article. Any other interpretation would encourage the Member States to disregard the prohibition laid down in the last sentence of Article 108(3) TFEU and would deprive it of its effectiveness (see, to that effect, judgments in Fédération nationale du commerce extérieur des produits alimentaires and Syndicat national des négociants et transformateurs de saumon , C‑354/90, EU:C:1991:440, paragraph 16, and SFEI and Others , C‑39/94, EU:C:1996:285, paragraphs 67 to 69). | 42. In such cases, as the Court found in paragraph 58 of Hennigs and Mai (C‑297/10 and C‑298/10, EU:C:2011:560), the basic pay awarded to two civil servants appointed on the same day in the same grade, whose professional experience is the same or equivalent but whose ages are different, will differ according to their age at the time of appointment. It follows that those two civil servants are in a comparable situation, but that one of them receives less by way of basic pay than the other. | 0 |
864,211 | 72. It must be pointed out that, according to established case-law, a national measure restricting freedom of establishment may be justified where it specifically targets wholly artificial arrangements designed to circumvent the legislation of the Member State concerned (see, to that effect, Case C-264/96 ICI [1998] ECR I‑4695, paragraph 26; Lankhorst‑Hohorst , paragraph 37; Marks & Spencer , paragraph 57; and Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 51). | 36. As regards the assessment of the distinctive character of such marks, the Court has already held that it is inappropriate to apply to slogans criteria which are stricter than those applicable to other types of sign ( OHIM v Erpo Möbelwerk , paragraphs 32 and 44). | 0 |
864,212 | 27. However, in the absence of any national measure requiring the application to special protected areas created pursuant to Directive 79/409 of the system of protection for special areas of conservation defined in Article 6(2), (3) and (4) of the Directive, the attainment of the objective set out in Article 7 cannot be satisfactorily ensured. In order to ensure the full application of that provision in law and not only in fact and to satisfy the requirement of legal certainty, the Member States must provide a precise legal framework for the field in question (see, to that effect, Case C-360/87 Commission v Italy [1991] ECR I-791, paragraphs 11 and 13). | 26THE COURT HAS REPEATEDLY STATED THAT RESPECT FOR FUNDAMENTAL PERSONAL HUMAN RIGHTS IS ONE OF THE GENERAL PRINCIPLES OF COMMUNITY LAW , THE OBSERVANCE OF WHICH IT HAS A DUTY TO ENSURE .
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864,213 | 15. With regard to the first point raised by the defendant Member State, it must be recalled that, in accordance with settled case-law, the letter of formal notice sent by the Commission to the Member State and then the reasoned opinion issued by the Commission delimit the subject-matter of the dispute, so that it cannot thereafter be extended. The opportunity for the Member 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 Case C‑191/95 Commission v Germany [1998] ECR I‑5449, paragraph 55, and Case C‑422/05 Commission v Belgium [2007] ECR I‑0000, paragraph 25). If that is not the case, that irregularity cannot be regarded as having been cured by the fact that the defendant Member State subsequently submitted observations on the reasoned opinion (see Case 51/83 Commission v Italy [1984] ECR 2793, paragraphs 6 and 7). | 19
It should be noted at the outset that, when interpreting a provision of EU law, it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it is part. The background to a provision of EU law may also contain elements relevant to its interpretation (judgment of 2 September 2015, Surmačs, C‑127/14, EU:C:2015:522, paragraph 28). | 0 |
864,214 | 44 For the same reasons as those set out by the Court in paragraphs 42 to 46 of the judgment in Portugal v Council, the provisions of TRIPs, an annex to the WTO Agreement, are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law. | 75. In view of the requirement to interpret broadly those exceptions to a derogating provision ─ whose effect is to render the transactions covered by them subject to tax in accordance with the fundamental rule forming the basis of the Sixth Directive ─ first, factoring as referred to in the final clause of Article 13B(d)(3) in the English and Swedish versions of that directive must be understood as covering both true factoring and quasi-factoring. | 0 |
864,215 | 104. In that regard, it is apparent from the Court’s case-law that the determination of the place where the customs debt was incurred allows the Member State with jurisdiction to recover customs duties to be identified. Therefore, the purpose of that provision is to determine territorial jurisdiction to recover the amount of the customs debt (see, to that effect, Case C‑526/06 Road Air Logistics Customs [2007] ECR I‑11337, paragraph 26). | 62. Il n’en va autrement que pour les situations nées et définitivement réalisées sous l’empire de la règle précédente, qui créent des droits acquis (voir, en ce sens, arrêts du 14 avril 1970, Brock, 68/69, Rec. p. 171, point 7; du 5 décembre 1973, SOPAD, 143/73, Rec. p. 1433, point 8, et du 10 juillet 1986, Licata/CES, 270/84, Rec. p. 2305, point 31). | 0 |
864,216 | 38. As the Court has held, national authorities enjoy a sufficient measure of discretion in that area to enable them to determine what is required in order to ensure consumer protection and the preservation of order in society and — provided that the conditions laid down in the case-law are in fact met — it is for each Member State to assess whether, in the context of the legitimate aims which it pursues, it is necessary to prohibit, wholly or in part, betting and gaming or only to restrict them and, to that end, to lay down more or less strict supervisory rules (see, to that effect, Stoß and Others , paragraph 76, and Case C-46/08 Carmen Media Group [2010] ECR I-8149, paragraph 46). | Par conséquent, s’il n’est, en principe, pas possible de déduire directement de la non-conformité d’une situation de fait
avec les objectifs fixés à l’article 4 de la directive 2006/21 que l’État membre concerné a nécessairement manqué aux obligations
imposées par cette disposition, à savoir prendre les mesures nécessaires pour s’assurer que les déchets soient gérés sans
mettre en danger la santé humaine et sans que soient utilisés des procédés ou des méthodes susceptibles de porter préjudice
à l’environnement, la persistance d’une telle situation de fait, notamment lorsqu’elle entraîne une dégradation significative
de l’environnement pendant une période prolongée sans intervention des autorités compétentes, peut révéler que les États membres
ont outrepassé la marge d’appréciation que leur confère cet article (voir, mutatis mutandis, arrêt du 16 juillet 2015, Commission/Slovénie,
C‑140/14, non publié, EU:C:2015:501, point 69). | 0 |
864,217 | 27. In that regard, it should be noted, first, that the protection of animal welfare is a legitimate objective in the public interest, the importance of which was reflected, in particular, in the adoption by the Member States of the Protocol on the protection and welfare of animals, annexed to the Treaty establishing the European Community (OJ 1997 C 340, p. 110). Moreover, the Court has held on a number of occasions that the interests of the Community include the health and protection of animals (see Joined Cases C-37/06 and C-58/06 Viamex Agrar Handel and ZVK [2008] ECR I-0000, paragraphs 22 and 23, and the case-law cited). | 17. Article 17(5) of the Sixth Directive lays down the rules applicable to the right to deduct VAT where the VAT relates to goods or services used by the taxable person ‘both for transactions covered by paragraphs 2 and 3, in respect of which value added tax is deductible, and for transactions in respect of which value added tax is not deductible’. In such a case, the first subparagraph of Article 17(5) of the Sixth Directive provides that only such proportion of the VAT is deductible as is attributable to the former taxable transactions ( Abbey National , paragraph 37, and Case C‑16/00 Cibo Participations [2001] ECR I‑6663, paragraph 34). | 0 |
864,218 | 28. Such legislation is thus likely to dissuade European Union nationals from exercising their right to freedom of movement and residence in another Member State, given the impact that exercising that freedom is likely to have on the right to the education or training grant ( Prinz and Seeberger , paragraph 32). | 101. That would be the case, inter alia, with regard to a provision which laid down that certain States are ‘safe countries’ with regard to compliance with fundamental rights, if that provision had to be interpreted as constituting a conclusive presumption, not admitting of any evidence to the contrary. | 0 |
864,219 | 32. As the Advocate General explained in paragraphs 59 and 62 of his Opinion, permitting the Council and the Commission to communicate to the appellant the reasons for the refusal to grant partial access to a document for the first time before the Community courts would render redundant the procedural guarantees expressly laid down in Decisions 93/731 and 94/90 and seriously affect the appellant ' s rights which require that, except in exceptional cases, any decisions adversely affecting a person must state the reasons on which it is based, in order to provide the person concerned with details sufficient to allow him to ascertain whether the decision is well founded or whether it is vitiated by an error which will allow its legality to be contested (see, in particular, Case 195/80 Michel v Parliament [1981] ECR 2861, paragraph 22). | 62 According to settled case-law, national courts are required to interpret their national law as far as possible in the light of the wording and purpose of the relevant Community provisions, in particular Article 119 of the Treaty, in order to achieve the result pursued by them (see to that effect, in particular, Case 157/86 Murphy v Bord Telecom Eireann [1988] ECR 673, paragraph 11, and Case C-106/89 Marleasing [1990] ECR I-4135, paragraph 8). | 0 |
864,220 | 42. It should be recalled that, in accordance with settled case-law, classification as aid requires all the conditions set out in Article 87 EC to be fulfilled, that is to say, first, there must be intervention by the State or through State resources, second, the intervention must be liable to affect trade between Member States, third, it must confer an advantage on the recipient and, fourth, it must distort or threaten to distort competition (Case C‑280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I‑7747, paragraphs 74 and 75 and the case-law cited). | 82. As a result, the ‘minimum distance’ condition also leads members of the public to be more confident that they have a pharmacy nearby and, in consequence, that they have quick and easy access to adequate pharmaceutical services. | 0 |
864,221 | 40 In substantiating the interpretation that the term `regular' (`régulier') is synonymous with `legal', the Court has relied not only on an analysis of the various language versions in which Decision No 1/80 was drawn up (see Birden, paragraphs 47 to 50) but also on the objective of that decision, whose social provisions constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the Treaty (see Birden, paragraph 52). As the Advocate General has observed in points 60 and 61 of his Opinion, the performance of work under legal conditions promotes integration of the Turkish nationals in the host Member State. | 44 Whilst Article 4 of Directive 93/96 does indeed provide that the right of residence is to exist for as long as beneficiaries of that right fulfil the conditions laid down in Article 1, the sixth recital in the directive's preamble envisages that beneficiaries of the right of residence must not become an unreasonable burden on the public finances of the host Member State. Directive 93/96, like Directives 90/364 and 90/365, thus accepts a certain degree of financial solidarity between nationals of a host Member State and nationals of other Member States, particularly if the difficulties which a beneficiary of the right of residence encounters are temporary. | 0 |
864,222 | 23. Concerning, finally, the conditions relating to the effect on trade between Member States and the risk of distortion of competition, it should be borne in mind that for the purpose of categorising a national measure as State aid, it is necessary, not to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (judgment in Libert and Others , C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 76 and the case-law cited). | 52. Nevertheless, as the Spanish Government and the Commission in particular have pointed out, Article 4(1)(a) of Directive 95/46 does not require the processing of personal data in question to be carried out ‘by’ the establishment concerned itself, but only that it be carried out ‘in the context of the activities’ of the establishment. | 0 |
864,223 | 73 As regards the cumulative effect of projects, it is to be remembered that the criteria and/or thresholds mentioned in Article 4(2) are designed to facilitate the examination of the actual characteristics exhibited by a given project in order to determine whether it is subject to the requirement to carry out an assessment, and not to exempt in advance from that obligation certain whole classes of projects listed in Annex II which may be envisaged on the territory of a Member State (Commission v Belgium, cited above, paragraph 42, Kraaijeveld, cited above, paragraph 51, and Case C-301/95 Commission v Germany [1998] ECR I-6135, paragraph 45). | Il ressort de ces éléments que l’attribution de la compétence d’exécution au Conseil était justifiée, dans les règlements
ayant précédé le règlement n° 267/2012, par la cohérence requise entre les désignations adoptées dans le cadre de la politique
étrangère et de sécurité commune et celles adoptées sur le fondement du traité FUE (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 63). | 0 |
864,224 | 61. According to Article 2(9) to (11) of Regulation No 562/2006, border checks serve, first, to ensure that persons may be authorised to enter the territory of the Member State or authorised to leave it and, second, to prevent persons from circumventing those checks (see Melki and Abdeli , paragraph 71). The checks concerned may be carried out systematically. | Le deuxième indice employé par la Commission, relatif au fait que SACE n’exerçait pas ses activités sur le marché dans des conditions normales de concurrence avec les opérateurs privés, est, conformément à la jurisprudence de la Cour, pertinent pour conclure à l’imputabilité à l’État d’une mesure d’aide prise par une entreprise publique (arrêt du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, point 56). | 0 |
864,225 | 22. À cet égard, il convient de relever qu’il ressort tant du onzième considérant de la directive 87/344 que de l’article 4, paragraphe 1, de celle-ci que l’intérêt de l’assuré en protection juridique implique que ce dernier ait la liberté de choisir lui-même son avocat ou toute autre personne ayant les qualifications admises par la loi nationale dans le cadre de toute procédure judiciaire ou administrative (arrêt Stark, précité, point 28). | Au demeurant, dans la mesure où, à ces mêmes fins, Ori Martin s’appuie sur les éléments exposés au point 46 du présent arrêt,
force est de constater que, sous couvert de dénoncer une violation de l’article 23, paragraphe 2, du règlement n° 1/2003 et
du principe de personnalité des peines, elle demande, en réalité, à la Cour de contrôler des appréciations factuelles auxquelles
s’est livré le Tribunal. Or, selon une jurisprudence constante de la Cour, de telles appréciations ressortissent à la seule
compétence du Tribunal, sauf dans le cas où l’inexactitude matérielle de ses constatations résulterait des pièces du dossier
qui lui ont été soumises et sous réserve du cas de la dénaturation des éléments de preuve produits devant le Tribunal (arrêt
du 7 juin 2007, Wunenburger/Commission, C‑362/05 P, EU:C:2007:322, points 66 et 86 ainsi que jurisprudence citée). | 0 |
864,226 | 32. It must be noted, first, that, according to settled case-law, the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union (Case C‑287/98 Linster [2000] ECR I‑6917, paragraph 43, and Case C‑34/10 Brüstle [2011] ECR I‑0000, paragraph 25). | 33. However, it is clear that the wording of Article 19(1) of the Regulation does not make any distinction on the basis of whether the third party is the holder of a registered Community design or not. | 0 |
864,227 | 63. Notwithstanding the foregoing considerations, it should be recalled that the Court has consistently held that, in the application of Article 234 EC, it may extract from the wording of the questions formulated by the national court, and having regard to the facts stated by the latter, those elements which concern the interpretation of Community law, for the purpose of enabling that court to resolve the legal problems before it (see Joined Cases C-330/90 and C-331/90 López Brea and Hidalgo Palacios [1992] ECR I-323, paragraph 5; Case C-224/01 Köbler [2003] ECR I-10239, paragraph 60; and Case C-346/05 Chateignier [2006] ECR I‑10951, paragraph 18). | 33. Accordingly, a graphic representation consisting of two or more colours, designated in the abstract and without contours, must be systematically arranged by associating the colours concerned in a predetermined and uniform way. | 0 |
864,228 | 105. Also, the distinction made in that provision between ‘aid granted by a Member State’ and aid granted ‘through State resources’ does not signify that all advantages granted by a State, whether financed through State resources or not, constitute aid, but is intended merely to bring within that definition both advantages which are granted directly by the State and those granted by a public or private body designated or established by the State ( PreussenElektra , paragraph 58, and Case C-222/07 UTECA [2009] ECR I-1407, paragraph 43). | 56. Selon la jurisprudence de la Cour, cette compétence investit le juge communautaire de la mission de donner aux litiges dont il est saisi une solution complète (voir arrêt du 18 décembre 2007, Weißenfels/Parlement, C‑135/06 P, Rec. p. I‑12041, point 67). Elle lui permet, même en l’absence de conclusions régulières à cet effet, non seulement d’annuler, mais encore, s’il y a lieu, de condamner d’office la partie défenderesse au paiement d’une indemnité pour le dommage moral causé par sa faute de service (voir, en ce sens, arrêts du 16 décembre 1960, Fiddelaar/Commission, 44/59, Rec. p. 1077, 1093; du 9 juillet 1970, Fiehn/Commission, 23/69, Rec. p. 547, point 17, ainsi que du 27 octobre 1987, Houyoux et Guery/Commission, 176/86 et 177/86, Rec. p. 4333, point 16). | 0 |
864,229 | 38 The first point to be borne in mind here is the need to ensure legal certainty, which means that rules must enable those concerned to know precisely the extent of the obligations which they impose on them (see, to that effect, Case 348/85 Denmark v Commission [1987] ECR 5225, paragraph 19). The Commission thus cannot choose, at the time of the clearance of EAGGF accounts, an interpretation which departs from and is not dictated by the normal meaning of the words used (see, to that effect, Case 349/85 Denmark v Commission [1988] ECR 169, paragraphs 15 and 16). | 29 Having regard to the preceding considerations, the answer to the question referred must be that Article 4(1)(d) of Directive 69/335 is to be interpreted as meaning that capital duty is chargeable on payments made by a parent company to a capital company, which is increasing its assets by the issue of dividend certificates, in order to enable the acquisition of such certificates by a subsidiary of that parent company. | 0 |
864,230 | 21. The presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of European Union law referred to in the questions bears no relation to the purpose of the main action (see Case C-283/09 Weryński [2011] ECR I-601, paragraph 34 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,231 | 54. According to the settled case-law of the Court, a provision in an agreement concluded by the Community with a non-member country must be regarded as being directly applicable when, regard being had to its wording and to the purpose and nature of the agreement, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure (see, inter alia , Case 12/86 Demirel [1987] ECR 3719, paragraph 14; and the judgments, cited above, in Kziber , paragraph 15; Eddline El-Yassini , paragraph 25; Sürül , paragraph 60; and Pokrzeptowicz-Meyer , paragraph 19). | 57. It must be borne in mind, however, that it is not for the Court to rule on the interpretation of national provisions, as such an interpretation falls within the exclusive jurisdiction of the national courts. Thus, the Court, when a question is referred to it by a national court, must base itself on the interpretation of national law as described to it by that court (see, to that effect, inter alia, Case C‑360/06 Heinrich Bauer Verlag [2008] ECR I-7333, paragraph 15 and case-law cited).
The questions referred for a preliminary ruling
Preliminary considerations | 0 |
864,232 | 53. In that regard, it follows from settled case-law that national legislation which constitutes a measure having equivalent effect to quantitative restrictions can be justified on one of the grounds of public interest laid down in Article 36 TFEU or by imperative requirements. In either case, the national provision must be appropriate for securing the attainment of the objective pursued and must not go beyond what is necessary in order to attain it (see, inter alia, Case C-297/05 Commission v Netherlands , paragraph 75, Case C-170/07 Commission v Poland , paragraph 46; and Case C-110/05 Commission v Italy [2009] ECR I-519, paragraph 59). | 47 In consequence, the authorisation procedure instituted by the host Member State should neither delay nor complicate exercise of the right of persons established in another Member State to provide their services on the territory of the first State where examination of the conditions governing access to the activities concerned has been carried out and it has been established that those conditions are satisfied. | 0 |
864,233 | 22. According to the case-law of the Court, it is for the national courts to determine whether Member States’ legislation actually serves the objectives which might justify it and whether the restrictions it imposes do not appear disproportionate in the light of those objectives ( Gambelli and Others , paragraph 75, and Placanica and Others , paragraph 58). | 53 It is apparent in particular from the Council regulations and directives on freedom of movement for employed and self-employed persons within the Community that the Community legislature has recognised the importance of ensuring protection for the family life of nationals of the Member States in order to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty (Carpenter, cited above, paragraph 38). | 0 |
864,234 | 55 In that regard it should be pointed out that even though Article 8(1) of Regulation No 729/70 did not include provisions as specific as those of Article 17(4) of Regulation (EEC) No 2456/93, the fact remains that, according to settled case-law of the Court, that provision, which constitutes an expression, in the sphere of agriculture, of the obligations imposed on Member States by Article 5 of the EC Treaty (now Article 10 EC), defines the principles according to which the Community and the Member States must ensure the implementation of Community decisions on agricultural intervention financed by the EAGGF and combat fraud and irregularities in relation to those operations (see Joined Cases 146/81, 192/81 and 193/81 BayWa and Others v Bundesanstalt für Landwirtschaftliche Marktordnung [1982] ECR 1503, paragraph 13). It imposes on the Member States the general obligation to take the measures necessary to satisfy themselves that the transactions financed by the EAGGF are actually carried out and are executed correctly, even if the specific Community act does not expressly provide for the adoption of particular supervisory measures (see Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraphs 16 and 17 and Case C-209/96 United Kingdom v Commission [1998] ECR I-5655, paragraph 43). | 72. Thirdly, it should be observed that there are certain densely populated areas which might be perceived by many pharmacists as very profitable, and consequently more attractive, such as those in urban areas. By contrast, other parts of the national territory might be considered to be less attractive, such as rural, geographically isolated or otherwise disadvantaged areas. | 0 |
864,235 | 19. The Court has held that it follows, both from recital 25 of Directive 96/67 and from Article 16(1) and (3) of that directive, that the airport managing authority is authorised to collect a fee in return for granting access to airport installations. Those installations must be taken to mean the infrastructure and equipment made available by the airport. By contrast, the Court has held that the airport managing authority had no right to charge an access fee to the groundhandling market in addition to the fee for use of the airport installations (see, to that effect, Case C-363/01 Flughafen Hannover-Langenhagen [2003] ECR I-11893, paragraphs 37 to 40, 44 and 60). | 40. First, with regard to the 14 substances covered by the 2001 Regulations, the latter came into force after the period set in the supplementary reasoned opinion had elapsed, a fact acknowledged by the Irish authorities in their statement of defence. The question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in that Member State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (Case C-289/94 Commission v Italy [1996] ECR I‑4405, paragraph 20). It must for that reason be stated that, when the period granted it expired, Ireland had not established pollution reduction programmes for all of the substances in respect of which it was required to do so. | 0 |
864,236 | 9 As the Court has repeatedly held, the decisive criterion for the customs classification of goods must be sought generally in their objective characteristics and qualities, as defined in the relevant heading of the Common Customs Tariff and in the notes to the sections or chapters (see, in particular, Case C-11/93 Siemens Nixdorf [1994] ECR I-1945, paragraph 11, and Case C-382/95 Techex [1997] ECR I-7363, paragraph 11). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,237 | 42. Furthermore, as the scheme here involves a derogation from the principle of the right to deduct VAT, it must be interpreted strictly (see Case C‑414/07 Magoora [2008] ECR I‑10921, paragraph 28, and Oasis East , paragraph 24). | 51. Moreover, as the appellant noted in its appeal, Article 47 of the Charter implements in European Union law the protection afforded by Article 6(1) of the ECHR. It is necessary, therefore, to refer only to Article 47. | 0 |
864,238 | 28. Finally, according to the Court’s case-law, irrespective of whether freedom of establishment or freedom to provide services is invoked, it is only where the activity in question is the corollary of the exercise of an economic activity that the ‘standstill’ clause may relate to the conditions of entry and residence of Turkish nationals within the territory of the Member States (judgment in Demirkan , C‑221/11, EU:C:2013:583, paragraph 55). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,239 | 15. It is also settled case‑law that those exemptions constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system from one Member State to another (Case C‑8/01 Taksatorringen [2003] ECR I‑13711, paragraph 37, and Joined Cases C‑394/04 and C‑395/04 Ygeia [2005] ECR I‑10373, paragraph 15). | 81. That argument cannot be upheld. | 0 |
864,240 | 82. Second, an application for the entry of a nutritive substance on the national list of authorised substances may be rejected by the competent national authorities only if that substance poses a genuine threat to public health ( Commission v Denmark, paragraph 46, and Case C‑24/00 Commission v France , paragraph 27). | 46. Furthermore, since Article 30 EC provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health (see, to that effect, Sand oz , paragraph 22; Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40; Beer purity law , cited above, paragraph 46; and Case C-228/91 Commission v Italy [1993] ECR I-2701, paragraph 27). | 1 |
864,241 | 42. Regarding the evidence that Mr Ipatau’s listing was well founded, it should be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include a person’s name in the list of persons subject to restrictive measures, the Courts of the European Union are to ensure that that decision, which affects that person individually, is taken on a sufficiently solid factual basis. That entails, in this instance, a verification of the factual allegations in the summary of reasons underpinning that decision, with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated (see, to that effect, judgments in Commission and Others v Kadi , C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 119; Council v Manufacturing Support & Procurement Kala Naft , C‑348/12 P, EU:C:2013:776, paragraph 73; Anbouba v Council , C‑605/13 P, EU:C:2015:247, paragraph 45; and Anbouba v Council , C‑630/13 P, EU:C:2015:248, paragraph 46). | 119. The effectiveness of the judicial review guaranteed by Article 47 of the Charter also requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to list or to maintain the listing of a given person in Annex I to Regulation No 881/2002 (the Kadi judgment, paragraph 336), the Courts of the European Union are to ensure that that decision, which affects that person individually (see, to that effect, the judgment of 23 April 2013 in Joined Cases C‑478/11 P to C‑482/11 P Gbagbo and Others v Council [2013] ECR I‑0000, paragraph 56), is taken on a sufficiently solid factual basis (see, to that effect, Al-Aqsa v Council and Netherlands v Al-Aqsa , paragraph 68). That entails a verification of the allegations factored in the summary of reasons underpinning that decision (see to that effect, E and F , paragraph 57), with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated. | 1 |
864,242 | 50. Lastly, it must be pointed out that the objective of Article 2(1) of the implementing regulation is to ensure diligent and uniform application of the provisions relating to the recovery of duties and taxes in order to secure rapid and effective availability of the Communities’ own resources (see Case C-312/04 Commission v Netherlands , paragraph 54, and, by analogy, Case C-460/01 Commission v Netherlands , paragraph 60). | 60. Although in Case C-112/01 SPKR [2002] ECR I‑10655, paragraph 40, the Court held that non-compliance with the 11-month time-limit does not by itself prevent recovery of the customs debt from the principal, it also stated, at paragraph 34 of the same judgment, that that time-limit is directed at administrative authorities and has as its objective to ensure diligent uniform application, by those authorities, of the provisions relating to the recovery of customs debts in order to secure rapid availability of the Community’s own resources. Accordingly, as acknowledged moreover by the Netherlands Government, compliance with the 11-month time-limit, although it does not have any effect on whether the customs debt is owed, is nevertheless mandatory for the Member States in respect of their Community obligations relating to the making available of Community own resources. | 1 |
864,243 | 80. In the second place, a trade mark, the essential function of which is to provide the consumer with an assurance as to the identity of the product’s origin, serves in particular to guarantee that all the goods bearing the mark have been manufactured or supplied under the control of a single undertaking which is responsible for their quality (see, inter alia, Case C-206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 48, and Case C‑59/08 Copad [2009] ECR I‑3421, paragraph 45). | 34. The specific cases in which the general prohibition on divulging confidential information covered by professional secrecy does not preclude their transmission or use are set out in detail in Article 54 of Directive 2004/39. | 0 |
864,244 | 21. The Court must take account, under the division of jurisdiction between the Community judicature and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (see Case C‑153/02 Neri [2003] ECR I‑13555, paragraphs 34 and 35, and Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraph 42). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,245 | 90. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from well established case‑law that the purpose of the legislation concerned must be taken into consideration (Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34; Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 34; and Accor , paragraph 31). | 47. Those forms of proceedings are listed in Annex A to the Regulation, and the list of liquidators appears in Annex C. | 0 |
864,246 | 79. Since the provisions of the Treaty and of the EEA Agreement on freedom of movement for workers, freedom of establishment and freedom movement for persons preclude the national provisions referred to in the preceding paragraph, it is not necessary to consider that legislation separately in the light of Article 56 EC on free movement of capital (see, to that effect, Commission v Portugal , paragraph 45, and Commission v Denmark , paragraph 76). | 43. A national law which allowed the purchaser of excise stamps to obtain reimbursement simply by claiming that they had gone missing would be likely to encourage abuse and evasion. The prevention of abuse and evasion is precisely one of the objectives pursued by Community law. | 0 |
864,247 | 46. The Court has already held that those provisions are not only intended to ensure that the persons concerned are not left without social security cover because there is no legislation which is applicable to them (see, to that effect, Case 92/63 Nonnenmacher [1964] ECR 281, pp. 281, 287 and 288), but also to ensure that the persons concerned are subject to the social security scheme of only one Member State in order to prevent more than one system of national legislation from being applicable and to avoid the complications which may arise from that situation (see, to that effect, Case 60/85 Luijten [1986] ECR 2365, paragraph 12). | 65. In 1976, the Council adopted a new method for adjusting remuneration, as is apparent from Case 59/81 Commission v Council , paragraphs 9 to 13. Subsequently, another method of adjusting remuneration was laid down for a period of 10 years by Council Decision 81/1061/Euratom, ECSC, EEC of 15 December 1981 amending the method of adjusting the remuneration of officials and other servants of the Communities (OJ 1981 L 386, p. 6). | 0 |
864,248 | 66. The Court has also held that a Member State is, in principle, free to prevent the imposition of a series of charges to tax on dividends received by a resident company by opting for the exemption method when the dividends are paid by a resident company and for the imputation method when they are paid by a non-resident company. Those two methods are in fact equivalent provided, however, that the tax rate applied to foreign-sourced dividends is not higher than the rate applied to nationally-sourced dividends and that the tax credit is at least equal to the amount paid in the State of the company making the distribution, up to the limit of the tax charged in the Member State of the company receiving the dividends (judgment in Test Claimants in the FII Group Litigation , EU:C:2012:707, paragraph 39 and the case-law cited). | 14 That principle is based on the need to reconcile the interests of the candidates put at a disadvantage by an irregularity committed in the course of a competition and the interests of the other candidates. The Court is required to take account not only of the need to restore the rights of the candidates who have been adversely affected but also of the legitimate expectations of the candidates already selected. | 0 |
864,249 | 29. However, when they exercise the powers conferred on them by Community directives, Member States must comply with the general principles of law which form part of the Community legal order, which include, in particular, the principles of legal certainty and proportionality (see, to that effect, Case C‑396/98 Schloßstraße [2000] ECR I‑4279, paragraph 44, and Case C‑376/02 ‘Goed Wonen’ [2005] ECR I‑3445, paragraph 32). | 36
Therefore, unlike the element characterising the right to repayment of overpaid VAT, the right to deduct VAT, which is a right inherent in the VAT scheme established by the common system of VAT, is based on the existence of a tax that is due. | 0 |
864,250 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 68. As regards the Commission's alleged error in interpreting the results of its inspections, it should be noted that, in order to prove an infringement of the rules on the common organisation of the agricultural markets, the Commission is not required to demonstrate exhaustively that the checks carried out by the national authorities are inadequate, or that the data submitted by them are incorrect, but to adduce evidence of serious and reasonable doubt on its part regarding the checks or data. The reason for this mitigation of the burden of proof on the Commission is that it is the Member State which is best placed to collect and verify the data required for the clearance of EAGGF accounts and, consequently, it is for that State to adduce the most detailed and comprehensive evidence that its inspections or figures are accurate and, if appropriate, that the Commission's statements are incorrect (see in particular Case C-247/98 Greece v Commission [2001] ECR I-1, paragraphs 7 to 9). | 0 |
864,251 | 10. In that connection it must be recalled, first of all, that according to settled case-law the subject-matter of an action brought under Article 226 EC is determined by the Commission’s reasoned opinion (see Case C-29/90 Commission v Greece [1992] ECR I-1971, paragraph 12, and Case C-280/89 Commission v Ireland [1992] ECR I-6185, paragraph 7), so that the action must be based on the same grounds and pleas as the reasoned opinion (see Case C-456/03 Commission v Italy [2005] ECR I-5335, paragraph 35 and the case-law cited, and Case C-33/04 Commission v Luxembourg [2005] ECR I-10629, paragraph 36). | 46. That body of rights and benefits would be compromised if, where the statutory period of notice was not observed in the event of dismissal during part-time parental leave, a worker employed on a full-time basis lost the right to have the compensation for dismissal due to him determined on the basis of the salary relating to his employment contract. | 0 |
864,252 | 21. Secondly, the rules concerning journey times and resting periods, where transport is by sea, are governed by point 48.7(a) and (b) of that annex. Point 48.7(a) lays down the general provisions applicable to transport by sea and point 48.7(b) specifies the conditions under which a resting period of 12 hours is mandatory in the case of transport by roll-on/roll-off ferry on a regular and direct link between two geographical points of the Community (see, to that effect, Case C‑207/06 Schwaninger [2008] ECR I-0000, paragraphs 23, 24 and 30). | 45. As regards, more specifically, livestock effluent such as that at issue here, the Court has already held that it may fall outside classification as waste if it is used as soil fertiliser as part of a lawful practice of spreading on clearly identified parcels and if its storage is limited to the needs of those spreading operations (Case C‑121/03 Commission v Spain , paragraph 60). | 0 |
864,253 | 82
To answer Question 2(a) to (c) in such a circumstance would therefore clearly be to provide an advisory opinion on a hypothetical question, in infringement of the tasks assigned to the Court in the context of judicial cooperation established by Article 267 TFEU (judgment of 24 October 2013, Stoilov i Ko, C‑180/12, EU:C:2013:693, paragraph 47 and the case-law cited, and, to that effect, judgment of 7 November 2013, Romeo, C‑313/12, EU:C:2013:718, paragraphs 39 and 40. | 14 First, it should be recalled that Article 6 of the Treaty, which is a specific expression of the general principle of equality, prohibits any discrimination on grounds of nationality. | 0 |
864,254 | 56. According to settled case‑law, in order to prevent the protection which is afforded to the proprietor varying from one Member State to another, the Court must give a uniform interpretation to Article 5(1) of Directive 89/104, in particular the term ‘use’ which appears there (Case C‑206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 45; Adam Opel , paragraph 17; and Case C‑17/06 Céline [2007] ECR I‑7041, paragraph 15). | 56
It must be noted that, under clause 8(5) of the framework agreement, the prevention and also the settlement of disputes and grievances arising from the application of that agreement are to be dealt with in accordance with national law, collective agreements and practice (judgments of 15 April 2008, Impact, C‑268/06, EU:C:2008:223, paragraph 39, and of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 172, and orders of 12 June 2008, Vassilakis and Others, C‑364/07, not published, EU:C:2008:346, paragraph 140, and of 24 April 2009, Koukou, C‑519/08, not published, EU:C:2009:269, paragraph 95). | 0 |
864,255 | 24 As for the second submission, it is apparent from the documents in the case file, and it is not, moreover, in dispute, that all the facts in the main proceedings are confined to a single Member State. National legislation such as the SGVG, which applies without distinction to Austrian nationals and to nationals of Member States of the European Communities, may generally fall within the scope of the provisions on the fundamental freedoms established by the Treaty only to the extent that it applies to situations related to intra-Community trade (see, to that effect, Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, paragraph 9, and Case 98/86 Mathot [1987] ECR 809, paragraphs 8 and 9). | 100. En effet, premièrement, conformément à la jurisprudence rappelée au point 90 du présent arrêt, le Tribunal a bien analysé la gravité de l’infraction telle qu’elle avait été commise par Gosselin ainsi que la pertinence, aux fins de l’octroi éventuel du bénéfice de circonstances atténuantes, du comportement individuellement adopté par celle-ci dans l’entente. Il convient, en particulier, de relever à cet égard que, tout en constatant, au point 182 de l’arrêt attaqué, que le point 29 des lignes directrices pour le calcul des amendes ne prévoyait pas expressément que le comportement dont cette société se prévalait puisse constituer une circonstance atténuante, le Tribunal a cependant apprécié si les circonstances particulières de l’espèce n’appelaient pas néanmoins une réduction de l’amende infligée à cette dernière, se conformant ainsi pleinement à la jurisprudence susmentionnée. | 0 |
864,256 | 35 Furthermore, as the Court has ruled in connection with Article 92(1) of the EC Treaty, the expression `aid', for the purposes of Article 4(c) of the ECSC Treaty, necessarily implies advantages granted directly or indirectly through State resources or constituting an additional charge for the State or for bodies designated or established by the State for that purpose (see Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele [1978] ECR 25, paragraphs 23 to 25; Joined Cases 213/81 to 215/81 Norddeutsches Vieh- und Fleischkontor Will and Others v BALM [1982] ECR 3583, paragraph 22; Joined Cases C-72/91 and C-73/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraphs 19 and 21; Case C-189/91 Kirsammer-Hack v Sidal [1993] ECR I-6185, paragraph 16; and Joined Cases C-52/97 to C-54/97 Viscido and Others v Ente Poste Italiane [1998] ECR I-2629, paragraph 13). | 31 The Court of First Instance first of all referred, in paragraph 67 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). | 0 |
864,257 | 22
Furthermore, according to settled case-law of the Court, VAT exemptions are to be interpreted strictly since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, judgments of 26 June 1990, Velker International Oil Company, C‑185/89, EU:C:1990:262, paragraph 19; 16 September 2004, Cimber Air, C‑382/02, EU:C:2004:534, paragraph 25; 14 September 2006, Elmeka, C‑181/04 to C‑183/04, EU:C:2006:563, paragraphs 15 and 20, and 19 July 2012, A, C‑33/11, EU:C:2012:482, paragraph 49). | 19 According to Article 14(1) of Regulation No 2261/84, each producer Member State is to apply a system of checks to ensure that the product in respect of which aid is granted is eligible for such aid. | 0 |
864,258 | 35. Compliance with the reasonable time requirement in the conduct of administrative procedures relating to competition policy constitutes a general principle of Community law whose observance the Community judicature ensures (Case C-282/95 P Guérin automobiles v Commission [1997] ECR I-1503, paragraphs 36 and 37, and also Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 167 to 171). | 76. Conversely, it must be noted that from 2000, both Regulation No 1260/1999 and Regulations No 1083/2006 and No 1303/2013, which entered into force respectively on 1 January 2007 and 1 January 2014, and the various regulations implementing those regulations adopted by the Commission, do set such a time-limit. | 0 |
864,259 | 15. In that connection, it should be pointed out that it is settled case-law that the need to provide an interpretation of Community law which will be of use to the referring court makes it necessary that the referring court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (see, inter alia, Case C-67/96 Albany [1999] ECR I‑5751, paragraph 39; Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I‑2549, paragraph 30; and Case C-506/04 Wilson [2006] ECR I‑8613, paragraph 38). | 43. However, the activities in question in the main proceedings, as carried out by FHT, namely the dispatch of a kit for collecting umbilical cord blood and the testing and processing of that blood and, where appropriate, the storage of stem cells contained in it, whether taken together or separately, do not appear to have as their direct purpose any actual diagnosis, treatment or cure of diseases or health disorders, or any actual protection, maintenance or restoration of health. | 0 |
864,260 | 32
That having been established, it should be noted that it is that Court’s established case-law that, in interpreting a provision of EU law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it forms part (judgment of 16 July 2015, Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 35, and of 8 November 2016, Ognyanov, C‑554/14, EU:C:2016:835, paragraph 31). | 2 PROCEEDINGS WERE INSTITUTED BEFORE THE TRIBUNAL D ' INSTANCE , LILLE , AGAINST THE FRENCH STATE , CUSTOMS ADMINISTRATION , BY ROQUETTE FRERES SA FOR REIMBURSEMENT OF THE SUMS OVERCHARGED BY THE CUSTOMS AUTHORITIES BY WAY OF MONETARY COMPENSATORY AMOUNTS SINCE 25 MARCH 1976 , THE DATE ON WHICH COMMISSION REGULATION ( EEC ) NO 652/76 OF 24 MARCH 1976 CHANGING THE MONETARY COMPENSATORY AMOUNTS FOLLOWING CHANGES IN EXCHANGE RATES FOR THE FRENCH FRANC ( OFFICIAL JOURNAL 1976 L 79 , P . 4 ) CAME INTO FORCE .
| 0 |
864,261 | 66
It is therefore necessary, in order to determine whether the General Court reviewed to the requisite legal standard whether there was a sufficiently solid factual basis to support the inclusion of Mr Akhras on the lists of persons and entities subject to restrictive measures, to give a ruling on the appellant’s arguments that the General Court disregarded the rules relating to the burden of proof and distorted the sense of some of the evidence in its examination of various claims made by Mr Akhras whereby he sought to establish that his business had, in fact, been hindered by the Syrian regime and that he had opposed that regime (see, by analogy, the judgments in Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraphs 54 and 55, and Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraphs 53 and 54). | 35. In the present case, it should be noted that the retransmission of the works over the internet at issue in the main proceedings is aimed at all persons resident in the United Kingdom who have an internet connection and who claim to hold a television licence in that State. Those people may access the protected works at the same time, in the context of the ‘live streaming’ of television programmes on the internet. | 0 |
864,262 | 16
First of all, it must be pointed out that the right of Union citizens and their family members to reside in the European Union is not unconditional but may be subject to the limitations and conditions imposed by the Treaty and by the measures adopted to give it effect (see, inter alia, judgment of 10 July 2008, Jipa, C‑33/07, EU:C:2008:396, paragraph 21, and of 13 September 2016, Rendón Marín, C‑165/14, EU:C:2016:675, paragraph 55). | 14 THE SUBMISSION SET OUT AT ( B ) MUST BE CONSIDERED FIRST , BY VIRTUE OF ITS IMPORTANCE AS A MATTER OF PRINCIPLE .
| 0 |
864,263 | 27
For the purposes of answering that question, reference should be made to the interpretation given by the Court concerning Article 5(1) of Regulation No 44/2001 and Article 5(1) of the Brussels Convention, which also applies to Article 7(1) of Regulation No 1215/2012 given that those provisions may be regarded as equivalent (see, to that effect, judgment of 18 July 2013, ÖFAB, C‑147/12, EU:C:2013:490, paragraph 28). | 49. It follows that, when the competent national authority is contemplating the adoption of a return decision, that authority must necessarily observe the obligations imposed by Article 5 of Directive 2008/115 and hear the person concerned on that subject. | 0 |
864,264 | 27. Article 7(1) of Directive 96/9 entitles the maker of a database which required substantial investment from a quantitative or qualitative point of view to prevent acts of extraction in respect of all or a substantial part of the contents of that database. Furthermore, Article 7(5) is intended to enable that maker to prevent acts of repeated and systematic extraction in respect of an insubstantial part of the contents of that database, which, by their cumulative effect, would lead to the reconstitution of the database as a whole or, at least, of a substantial part of it, without the authorisation of the maker, and which would therefore seriously prejudice the investment of that maker just as the extractions referred to in Article 7(1) of the directive would (see The British Horseracing Board and Others , paragraphs 86 to 89). | 43. Neither Decision 2011/273, as amended by Decision 2011/522, nor Regulation No 442/2011, as amended by Regulation No 878/2011, contains definitions of the concepts of ‘benefit’ derived from the Syrian regime, of ‘support’ for that regime or of ‘association’ with the persons and entities benefiting from or supporting the Syrian regime. Nor do they contain any details regarding how those matters are to be proved. | 0 |
864,265 | 46. As the Court has already held, under those rules, the institution of the place of residence provides the benefits in kind to the pensioners on behalf and at the expense of the institution of one of the Member States with jurisdiction in respect of pensions (see Rundgren , paragraph 45, and van Delft and Others , paragraph 39). | Or, une information qui s’avère incomplète, ambiguë ou trompeuse et qui peut induire le consommateur en erreur ne saurait être protégée au titre de la liberté d’expression et d’information de l’entrepreneur et de la liberté d’entreprendre de celui–ci (voir, en ce sens, arrêt du 17 décembre 2015, Neptune Distribution, C‑157/14, EU:C:2015:823, points 74 à 78). | 0 |
864,266 | 28. As regards the objective pursued by Article 16(1)(a) of the Brussels Convention, it is clear both from the Jenard Report on the Brussels Convention (OJ 1979 C 59, p. 1) and the consistent case-law of the Court that the essential reason for the exclusive jurisdiction of the courts of the Contracting State where the property is situated is that the court of the place where property is situated is best placed to deal with matters relating to rights in rem in, and tenancies of, immovable property (see, in particular, Case 73/77 Sanders [1977] ECR 2383, paragraphs 11 and 12). | 19. Thus, an interpretation, by the Court, of provisions of EU law in purely internal situations is warranted on the ground that they have been made applicable by national law directly and unconditionally (see, to that effect, Case C‑346/93 Kleinwort Benson [1995] ECR I‑615, paragraph 16, and Case C‑280/06 ETI and Others [2007] ECR I‑10893, paragraph 25), in order to ensure that internal situations and situations governed by EU law are treated in the same way (see, to that effect, Poseidon Chartering , paragraph 17, and Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 22). | 0 |
864,267 | 16. It should be observed at the outset that according to settled case-law the exemptions provided for in Article 13 of the Sixth Directive have their own independent meaning in Community law and must therefore be given a Community definition (see Case C‑358/97 Commission v Ireland [2000] ECR I‑6301, paragraph 51; Case C-315/00 Maierhofer [2003] ECR I-563, paragraph 25; and Case C-275/01 Sinclair Collis [2003] ECR I-5965, paragraph 22). | 39. As regards the principle of effectiveness, it is appropriate to point out that the degree of necessity for legal certainty concerning the conditions for the admissibility of actions is not identical for actions for damages and actions seeking to have a contract declared ineffective. | 0 |
864,268 | 26. First, as regards the provisions of the Treaty concerning freedom of establishment, it should be noted that Article 43 EC secures freedom of establishment for nationals of a Member State on the territory of another Member State, which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the State of establishment (see Case C‑251/98 Baars [2000] ECR I‑2787, paragraph 27, and Case C‑9/02 De Lasteyrie du Saillant [2004] ECR I‑2409, paragraph 40). | 61. À cet égard, si la protection de la santé publique constitue un intérêt légitime de nature à justifier, en principe, une restriction à une liberté fondamentale garantie par le traité, telle que la libre circulation des marchandises, il n’en demeure pas moins que de telles restrictions ne peuvent être justifiées que si elles sont propres à garantir la réalisation de l’objectif poursuivi et ne vont pas au‑delà de ce qui est nécessaire pour qu’il soit atteint (arrêts du 14 octobre 2004, Omega, C‑36/02, Rec. p. I‑9609, point 36; du 11 décembre 2007, International Transport Workers’ Federation et Finnish Seamen’s Union, C‑438/05, non encore publié au Recueil, point 75, et Dynamic Medien, précité, point 42). | 0 |
864,269 | 38
It should be recalled that the Court has ruled that the first and second paragraphs of Article 3 of the Protocol lay down two different regimes of immunity, depending on whether taxes are direct or indirect and that that difference in regime is essential for the purposes of deciding on the issue of immunity (see, to that effect, judgment in Commission v Belgium, C‑437/04, EU:C:2007:178, paragraphs 36 to 38 and the case-law cited). | 40 Whilst, in these circumstances, the conclusion that the trade mark owner may not rely on his rights as owner in order to oppose the marketing under his trade mark of products repackaged by an importer is essential in order to ensure the free movement of goods, it does nevertheless confer on the importer certain rights which, in normal circumstances, are reserved for the trade mark owner himself. | 0 |
864,270 | 30. Accordingly, the Court has ruled in particular that Article 49 EC precludes the application of any national rule making reimbursement of medical costs incurred in another Member State subject to a system of prior authorisation where it is apparent that such a system deters, or prevents, insured persons from approaching providers of medical services established in Member States other than the State of insurance, save where the barrier to the freedom to provide services to which it gives rise is justifiable under one of the derogations allowed by the EC Treaty (see, to that effect, Kohll , paragraphs 33 to 36; Smits and Peerbooms , paragraphs 62, 69 and 71; and Müller‑Fauré and Van Riet , paragraphs 44 and 45). | 53
In providing for this method of free allocation of allowances, fully-harmonised on a sectoral basis, the legislature gave concrete expression to the essential requirement that distortions of competition in the internal market be minimised. | 0 |
864,271 | 35
The requirements as to reasons stemming from those provisions are not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the judgment or order under appeal, simply repeats or reproduces the pleas in law and arguments already put forward before the General Court, including those based on facts expressly rejected by the General Court. Such an appeal amounts in reality to no more than a request for re-examination of the application submitted to the General Court, which the Court of Justice does not have jurisdiction to undertake (see, inter alia, judgment of 20 September 2016, Ledra Advertising and Others v Commission and ECB, C‑8/15 P to C‑10/15 P, EU:C:2016:701, paragraph 37 and the case-law cited). | 31 It is common ground that Article 2(1)(b) of Directive 89/665 does not define the decisions taken unlawfully which a party may ask to have set aside. The Community legislature confined itself to stating that such decisions include those containing discriminatory technical, economic or financial specifications in the documents relating to the contract award procedure in question. | 0 |
864,272 | 50
The Court has also held that, in the event of a resale of the copy of the computer program purchased and downloaded by the first acquirer from the rightholder’s website, the new acquirer of that copy, who is a lawful acquirer within the meaning of Article 5(1) of Directive 91/250, is also entitled, under that provision, to download that copy onto his computer, since that download constitutes a reproduction that is necessary to enable him to use that program in accordance with its intended purpose (see, to that effect, judgment of 3 July 2012, UsedSoft, C‑128/11, EU:C:2012:407, paragraphs 80 and 81). | 27. The mere fact that a resident company is granted a loan by a related company which is established in another Member State cannot be the basis of a general presumption of abusive practices and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty ( Test Claimants in the Thin Cap Group Litigation , paragraph 73 and the case‑law cited). | 0 |
864,273 | 44. Thus, what must be ascertained is not whether the measure adopted by the legislature was the only measure possible or the best measure possible, but whether it was manifestly inappropriate (Case C-33/08 Agrana Zucker , paragraph 33 and the case-law cited). | 48. The intention of the prohibition thus effected is therefore that compatible aid may alone be implemented. In order to achieve that purpose, the implementation of planned aid is to be deferred until the doubt as to its compatibility is resolved by the Commission’s final decision. | 0 |
864,274 | 54 As the Court observed in paragraph 17 of its judgment in Genius Holding, if any tax which has been invoiced could be deducted, even though it does not correspond to taxes legally due, tax evasion would be made easier. | 21. As the Court has already stated, the Community legislature thus meant to secure the principle of freedom to set rates in the non-life insurance sector (Case C‑518/06 Commission v Italy , paragraph 101 and the case-law cited). | 0 |
864,275 | 14. It should be recalled that, although it is true that the excessive duration of the pre-litigation procedure is capable of constituting a defect rendering an action for failure to fulfil obligations inadmissible, it is clear from the case-law that such a conclusion is inevitable only where the conduct of the Commission has made it difficult to refute its arguments, thus infringing the rights of the defence, and that it is for the Member State concerned to provide evidence of such a difficulty (see, to that effect, Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraphs 15 and 16, and Case C-207/97 Commission v Belgium [1999] ECR I-275, paragraphs 24 and 25). | 27. Next, in order to determine whether a single complex supply, such as that in the main proceedings, is to be classified as a supply of services, it is vital to identify the predominant elements of that supply (see, inter alia, Faaborg-Gelting Linien , paragraphs 12 and 14, and Levob Verzekeringen and OV Bank , paragraph 27). | 0 |
864,276 | 21. However, according to the case-law of the Court, the application of the fundamental rules and general principles of the Treaty to procedures for the award of contracts below the threshold for the application of Community directives is based on the premiss that the contracts in question are of certain cross-border interest (see, to that effect, Case C‑507/03 Commission v Ireland [2007] ECR I‑0000, paragraph 29, and Commission v Italy , paragraphs 66 and 67). | 33 In proceedings for a preliminary ruling, it is for the courts of the Member State concerned to assess the temporal effects of declarations of unconstitutionality made by the constitutional court of that Member State (see Konle, cited above, paragraph 30). | 0 |
864,277 | 27. In that connection, it should be noted, first, that the cooperative arrangements established by Article 267 TFEU are based on a clear division of responsibilities between the national courts and the Court of Justice. In proceedings brought on the basis of that article, the interpretation of provisions of national law is a matter for the courts of the Member States, not for the Court of Justice, and the Court has no jurisdiction to rule on the compatibility of national rules with European Union law. On the other hand, the Court does have jurisdiction to provide the national court with all the guidance as to the interpretation of European Union law necessary to enable that court to rule on the compatibility of national rules with European Union law (Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑1891, paragraph 36, and Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I‑7633, paragraph 37). | 37. In that connection, it should be noted that the cooperative arrangements established by Article 234 EC are based on a clear division of responsibilities between the national courts and the Court of Justice. In proceedings brought on the basis of that article, the interpretation of provisions of national law is a matter for the courts of the Member States, not for the Court of Justice, and the Court has no jurisdiction to rule on the compatibility of national rules with Community law. On the other hand, the Court does have jurisdiction to provide the national court with all the guidance as to the interpretation of Community law necessary to enable that court to rule on the compatibility of those national rules with Community law (Joined Cases C-338/04, C-359/04 and C-360/04 Placanica and Others [2007] ECR I‑1891, paragraph 36). | 1 |
864,278 | 21 In the first place, for the directive to apply, Article 2(1) requires two events to have occurred: first, a request for proceedings to be opened to satisfy collectively the claims of creditors must have been lodged with the competent national authority; secondly, there must have been either a decision to open those proceedings, or a finding that the business has been closed down where the available assets are insufficient (Joined Cases C-94/95 and C-95/95 Bonifaci and Others and Berto and Others v INPS [1997] ECR I-0000, paragraph 35, and Case C-373/95 Maso and Others v INPS [1997] ECR I-0000, paragraph 45). | 25. Il convient de rappeler que l’article 49 TFUE impose la suppression des restrictions à la liberté d’établissement. Cette liberté comprend, pour les sociétés constituées en conformité avec la législation d’un État membre et ayant leur siège statutaire, leur administration centrale ou leur principal établissement à l’intérieur de l’Union, le droit d’exercer leur activité dans d’autres États membres par l’intermédiaire d’une filiale, d’une succursale ou d’une agence (voir arrêts du 23 octobre 2008, Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, C‑157/07, Rec. p. I‑8061, point 28, et du 25 février 2010, X Holding, C‑337/08, Rec. p. I‑1215, point 17). | 0 |
864,279 | 52
It should, moreover, be recalled that the interpretation of the fundamental freedoms provided for in Article 49, 56 or 63 TFEU may prove to be relevant in a case confined in all respects within a single Member State where national law requires the referring court to grant the same rights to a national of its own Member State as those which a national of another Member State in the same situation would derive from EU law (see, to that effect, judgments of 5 December 2000, Guimont, C‑448/98,EU:C:2000:663, paragraph 23; of 21 June 2012, Susisalo and Others, C‑84/11, EU:C:2012:374, paragraph 20; and of 21 February 2013, Ordine degli Ingegneri di Verona e Provincia and Others, C‑111/12, EU:C:2013:100, paragraph 35). | 82. In the words of the second recital in the preamble to Directive 97/55, comparative advertising must help demonstrate objectively the merits of the various comparable products. Such objectivity implies that the persons to whom the advertising is addressed are capable of knowing the actual price differences between the products compared and not merely the average difference between the advertiser's prices and those of its competitors. | 0 |
864,280 | 26. In accordance with the Court’s case-law, the concept of ‘worker’, within the meaning of Article 48 of the Treaty and of Regulation No 1612/68, has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration (see, in particular, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, Martínez Sala , paragraph 32, and Case C-337/97 Meeusen [1999] ECR I‑3289, paragraph 13). | 54. Similarly, recital 2 of the preamble to Regulation No 1348/2000 states that the proper functioning of the internal market entails the need to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States. | 0 |
864,281 | 70. It is also apparent from the case‑law that nationals of a Member State seeking employment in another Member State fall within the scope of Article 39 EC (see, to that effect, Case C‑292/89 Antonissen [1991] ECR I‑745, paragraph 12 and 13; Martínez Sala , cited above, paragraph 32; Case C‑138/02 Collins [2004] ECR I‑2703, paragraph 57; Ioannidis , cited above, paragraph 21; as well as Joined Cases C‑22/08 and C‑23/08 Vatsouras and Koupatantze [2009] ECR I‑0000, paragraph 36). | 49 Resting as it does on an erroneous interpretation of the contested judgment, the first part of the third plea must therefore be dismissed.
The second part of the plea | 0 |
864,282 | 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). | 21. Conformément au principe de précaution, tel qu’interprété par la Cour, lorsque des incertitudes subsistent quant à l’existence ou à la portée de risques pour la santé des personnes, des mesures de protection peuvent être prises sans avoir à attendre que la réalité et la gravité de ces risques soient pleinement démontrées (arrêt Monsanto Agricoltura Itali a e.a., C‑236/01, EU:C:2003:431, point 111, ainsi que, en ce sens, arrêts Codacons et Federconsumatori, C‑132/03, EU:C:2005:310, point 61, et Agrarproduktion Staebelow, C‑504/04, EU:C:2006:30, point 39). | 0 |
864,283 | 42. For the purposes of classification under the appropriate heading, it is important, finally, to recall that the intended use of a product may constitute an objective criterion in relation to tariff classification if it is inherent in the product, and such inherent character must be capable of being assessed on the basis of the product's objective characteristics and properties (see Krings paragraph 30, Ikegami , paragraph 23, and Proxxon, paragraph 31). | 53. L’article 43 CE vise ainsi à assurer le bénéfice du traitement national à tout ressortissant d’un État membre qui s’établit dans un autre État membre pour y exercer une activité non salariée et interdit toute discrimination fondée sur la nationalité résultant des législations nationales en tant que restriction à la liberté d’établissement (arrêts précités du 28 janvier 1986, Commission/France, point 14, et Commission/Belgique, point 80). | 0 |
864,284 | 30
The claim for repayment of overpaid VAT concerns the right to recovery of sums paid but not due which, according to settled case-law, helps to offset the consequences of the tax’s incompatibility with EU law by neutralising the economic burden which that tax has wrongly imposed on the trader who, in fact, has ultimately borne it (see, to that effect, judgment of 20 October 2011, Danfoss and Sauer-Danfoss, C‑94/10, EU:C:2011:674, paragraph 23). | 33. In that regard, it should be noted that the Member States enjoy a broad discretion in the choice of the measures capable of achieving their objectives in the field of social and employment policy (Case C‑144/04 Mangold [2005] ECR I‑9981, paragraph 63, and Palacios de la Villa , paragraph 68). However, that discretion cannot have the effect of frustrating the implementation of the principle of non‑discrimination on grounds of age (Case C‑388/07 Age Concern England [2009] ECR I‑1569, paragraph 51). | 0 |
864,285 | 30. As the Court has already stated, the sign selected by an advertiser as a keyword in the context of an internet referencing service is the means used by the advertiser to trigger the display of its advertisement and is thus used in the course of trade within the meaning of Article 5 of Directive 89/104 and Article 9 of Regulation No 40/94 (Joined Cases C‑236/08 to C-238/08 Google France and Google [2010] ECR I-2417, paragraphs 49 to 52, and Case C‑278/08 BergSpechte [2010] ECR I‑2517, paragraph 18). | 27. The Netherlands Government, by contrast, contends that the Kingdom of the Netherlands cannot be accused of treating dividends from German or Portuguese companies differently from those received from Netherlands companies, inasmuch as no tax is deducted from dividends received by OESF, irrespective of their origin, and therefore those dividends are treated identically under Netherlands tax law. | 0 |
864,286 | 40. This conclusion is confirmed by the grounds of the judgment in Commission v Germany , in the light of which the operative part of that judgment must be construed (see Case 135/77 Bosch [1978] ECR 855, paragraph 4, and Case C‑526/08 Commission v Luxembourg [2010] ECR I‑6151, paragraph 29). | 47. Accordingly, although, in the absence of provisions in Regulation No 1408/71 referring specifically to the risk of reliance on care, the Court has treated certain benefits relating to that risk as ‘sickness benefits’ within the meaning of Article 4(1)(a) of the regulation, it has nevertheless always acknowledged that benefits relating to the risk of reliance on care are at most supplementary to the ‘classic’ sickness benefits that fall within that provision stricto sensu (‘sickness benefits stricto sensu ’) and are not necessarily an integral part of them. | 0 |
864,287 | 71 In determining the probative value of those different factors, it must be noted that parallel conduct cannot be regarded as furnishing proof of concertation unless concertation constitutes the only plausible explanation for such conduct. It is necessary to bear in mind that, although Article 85 of the Treaty prohibits any form of collusion which distorts competition, it does not deprive economic operators of the right to adapt themselves intelligently to the existing and anticipated conduct of their competitors (see the judgment in Suiker Unie, cited above, paragraph 174). | 42. Moreover, although the Complaints Board was created by all the Member States and by the Union, the fact remains that it is a body of an international organisation which, despite the functional links which it has with the Union, remains formally distinct from it and from those Member States. | 0 |
864,288 | 13 Lastly, it must be remembered that, according to 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 (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,289 | 44 Finally, it should be added that, according to the system for judicial review of legality established by the Treaty, a natural or legal person can bring an action challenging a regulation only if it is concerned both directly and individually. Although this last condition must be interpreted in the light of the principle of effective judicial protection by taking account of the various circumstances that may distinguish an applicant individually (see, for example, Joined Cases 67/85, 68/85 and 70/85 Van der Kooy v Commission [1988] ECR 219, paragraph 14; Extramet Industrie v Council, paragraph 13, and Codorniu v Council, paragraph 19), such an interpretation cannot have the effect of setting aside the condition in question, expressly laid down in the Treaty, without going beyond the jurisdiction conferred by the Treaty on the Community Courts. | 19 It thus permits national measures relating to access to employment, including promotion, which give a specific advantage to women with a view to improving their ability to compete on the labour market and to pursue a career on an equal footing with men. | 0 |
864,290 | 46. It must also be noted that, in the absence of any unifying or harmonising measures at European Union level, the Member States retain the power to define, by conventions or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation (Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 57; Amurta , paragraph 17; Commission v Italy , paragraph 29; and Commission v Spain , paragraph 38). | 118. To see whether the banking foundation which is a defendant in the main proceedings is to be classed as an ‘undertaking’, it is for the national court to determine whether it not only held controlling shareholdings in a banking company, but, in addition, actually exercised that control by involving itself directly or indirectly in the management of the latter. | 0 |
864,291 | 29. That principle means that, in accordance with Article 1(2) of Framework Decision 2002/584, the Member States are as a rule obliged to act upon a European arrest warrant (see, to that effect, Case C-388/08 PPU Leymann and Pustovarov [2008] ECR I-8983, paragraph 51; Wolzenburg , paragraph 57; and Mantello , paragraphs 36 and 37). | 75. Les notions de «plan» et de «projet», figurant à ladite disposition, n’étant pas définies par la directive «habitats», il y a lieu de tenir compte de la définition donnée à l’article 1 er , paragraphe 2, de la directive 85/337, selon laquelle la réalisation de travaux de construction ou d’autres installations ou ouvrages ainsi que d’autres interventions dans le milieu naturel constituent des «projets». Une telle définition doit être regardée comme visant une décharge de déchets, dont l’autorisation d’exploitation a expiré, lorsque l’état de saturation et les dysfonctionnements de cette décharge affectent un site Natura 2000 et que de nouvelles cellules y sont créées (voir, par analogie, arrêt Waddenvereniging et Vogelbeschermingsvereniging, EU:C:2004:482, points 23 à 29). | 0 |
864,292 | 28. So far as concerns, second, the reliance on Article 1(3) of the Decree of the Polish Minister for Finance, it is apparent from the file submitted to the Court that that decree is a measure for the application of Article 143 of the Law on pension funds, which is the subject of the present action. Consequently, the fact that the Commission detailed, in its reply, a complaint which it had already set out, in more general terms, in the application did not alter the subject-matter of the alleged infringement, and has thus had no effect on the scope of the proceedings (see, to that effect, Case C‑543/08 Commission v Portugal [2010] ECR I‑0000, paragraphs 20, 21 and 23, and the case-law cited). | 31 On that point it should be stated that, as the Austrian Government acknowledged at the hearing, the register enables the competent authorities to reduce the expenditure of the Austrian social security system, inasmuch as the pharmaceutical companies are generally required to agree to lower prices in consideration for the inclusion on the register of one of their medicinal products since that inclusion means that the cost will automatically be borne by the scheme. Under those conditions inclusion of a medicinal product in that register thus constitutes a measure intended to control prices. | 0 |
864,293 | 81
In the first place, as regards the parts of the third ground of appeal relating to the measures of inquiry, it is settled case-law that it is for the EU judicature to decide, in the light of the circumstances of the case and in accordance with the provisions of the Rules of Procedure on measures of inquiry, whether it is necessary for a document to be produced. With regard to the General Court, it follows from Article 49 read in conjunction with Article 65(b) of its Rules of Procedure, in the version applicable when the judgment under appeal was delivered, that a request for production of any document relating to the case is a measure of inquiry which the General Court may order at any stage of the proceedings (see, to that effect, judgments of 2 October 2003, Salzgitter v Commission , C‑182/99 P, EU:C:2003:526, paragraph 41 and the case-law cited; of 2 October 2003, Aristrain v Commission , C‑196/99 P, EU:C:2003:529, paragraph 67 and the case-law cited; of 2 October 2003, Ensidesa v Commission , C‑198/99 P, EU:C:2003:530, paragraph 28 and the case-law cited; and of 2 October 2003, Corus UK v Commission, C‑199/99 P, EU:C:2003:531, paragraph 67 and the case-law cited). | 41. It is for the Community judicature to decide, in the light of the circumstances of the case and in accordance with the provisions of the Rules of Procedure on measures of inquiry, whether it is necessary for a document to be produced. As regards the Court of First Instance, it follows from Article 49 read in conjunction with Article 65(b) of its Rules of Procedure that a request for production of documents is a measure of inquiry which the Court may order at any stage of the proceedings (Case C-286/95 P Commission v ICI [2000] ECR I-2341, paragraphs 49 and 50). | 1 |
864,294 | 26. The VAT Directive, which seeks to establish a common system of VAT, confers a very wide scope on VAT. In order to ensure the uniform application of that directive, it is important that the terms which define that scope, such as the terms ‘taxable transactions’, ‘taxable persons’ and ‘economic activities’, are interpreted in an autonomous and uniform manner, regardless of the purpose and results of the transactions concerned (see, to that effect, judgment in Halifax and Others , C‑255/02, EU:C:2006:121, paragraphs 48 to 56). | 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 |
864,295 | 29. Moreover, the Court has held that the procedure laid down by the Regulation provides the notifier with a guarantee that the planned shipment will be examined within the periods prescribed by the Regulation and that he will be informed, upon the expiry of those periods at the latest, whether, and on what conditions, if any, the shipment can be ca rried out. Therefore, any objection in respect of the incorrect classification of the notified shipment as a shipment of waste for recovery must be raised by the competent authority of dispatch within the period prescribed by Article 7(2) of the Regulation ( ASA , paragraph 49). | 37. Thus, the terms used by the Community legislature indicate that the obligations to consult and to notify arise prior to any decision by the employer to terminate contracts of employment. | 0 |
864,296 | 39 By way of preliminary point, the Court proceeds on the assumption that, the court competent to adjudicate on the substance being the Tribunale di Bari, the Landgericht Koblenz did not by its judgment of 17 November 1998 exceed the limits, as interpreted by the Court, of the jurisdiction which it derived from Article 24 of the Brussels Convention (see Case C-391/95 Van Uden [1998] ECR I-7091, paragraphs 37 to 47, and Case C-99/96 Mietz [1999] ECR I-2277, paragraphs 42, 46 and 47). | 39 The criteria for distinguishing simple or ordinary products from those serving a medical purpose therefore include the method of manufacture of the product concerned, the nature of the materials of which it is made, its adjustability to the handicaps which it is intended to correct or other special characteristics, in particular the specificity of its purpose. | 0 |
864,297 | 56. By contrast, that Member State is not entitled to provide in that regard for rules which differ from those resulting from Decision No 1/80 or which impose conditions other than those provided for in that decision. According to the Court’s well-established case‑law, it follows both from the primacy of European Union law and from the direct effect of a provision such as the first paragraph of Article 7 of Decision No 1/80 that Member States are not permitted to modify unilaterally the scope of the system of gradually integrating Turkish nationals in the host Member State and do not, therefore, have the power to adopt measures which may undermine the legal status expressly conferred on those nationals by the law governing the EEC-Turkey Association (see, to that effect, Case C‑65/98 Eyüp [2000] ECR I‑4747, paragraphs 40 and 41; Case C‑188/00 Kurz [2002] ECR I‑10691, paragraphs 66 to 68; and Case C-14/09 Genc [2010] ECR I-0000, paragraphs 36 to 38). | 21. As OHIM rightly maintains, such a finding is, in this case, entirely part of the process designed to ascertain the overall impression given by those signs and to make a global assessment of the likelihood of confusion between them. | 0 |
864,298 | 53. The statement of reasons required by Article 296 TFEU must, however, be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons is sufficient must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, Case C‑367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 63; Elf Aquitaine v Commission , paragraph 150; and Al-Aqsa v Council and Netherlands v Al-Aqsa , paragraphs 139 and 140). | 47. Those forms of proceedings are listed in Annex A to the Regulation, and the list of liquidators appears in Annex C. | 0 |
864,299 | 42. It is also to be observed that, by using the words ‘measures for the approximation’ in Article 95 EC, the authors of the Treaty intended to confer on the Community legislature a discretion, depending on the general context and the specific circumstances of the matter to be harmonised, as regards the method of approximation most appropriate for achieving the desired result, in particular in fields with complex technical features (see Case C-66/04 United Kingdom v Parliament and Council [2005] ECR I-10553, paragraph 45, and Case C-217/04 United Kingdom v Parliament and Council [2006] ECR I-3771, paragraph 43). | 48. That interpretation is corroborated by the purpose of Annex III to Directive 2006/112, which is to render less onerous, and thus more accessible to final consumers – who ultimately bear the VAT – certain goods regarded as being particularly necessary. | 0 |
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