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864,300 | 41. In this connection it should be remembered, first, that the Commission, for the purposes of applying Article 87(3) EC, enjoys a wide discretion, the exercise of which involves assessments of an economic and social nature which must be made within a Community context (see, inter alia , Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 67, and Case C-310/99 Italy v Commission [2002] ECR I-2289, paragraph 45), and second, that the Court, in reviewing whether that freedom was lawfully exercised, cannot substitute its own assessment for that of the competent authority but must restrict itself to examining whether the authority's assessment is vitiated by a manifest error or misuse of powers (see Case C-288/96 Germany v Commission [2000] ECR I-8237, paragraph 26, and Italy v Commission , cited above, paragraph 46). | 22. At the outset, it must be borne in mind that, as is apparent from recital 6 in its preamble, Directive 2001/24 seeks to establish mutual recognition by the Member States of the measures taken by each of them to restore to viability the credit institutions which it has authorised. That objective, and that of guaranteeing equal treatment of creditors, laid down in recital 16 to that directive, require that the reorganisation and winding-up measures taken by the authorities of the home Member State have, in all the other Member States, the effects which the law of the home Member State confers on them. | 0 |
864,301 | 46
As regards, in particular, the receipt of the survivor’s benefit, it follows from the Court’s case-law that legislation of a Member State under which the surviving civil partner is not entitled to receive a survivor’s benefit equivalent to that granted to a surviving spouse, even though under national law life partnership places persons of the same sex in a situation comparable to that of spouses so far as concerns that survivor’s benefit, must be regarded as constituting direct discrimination on grounds of sexual orientation, within the meaning of Articles 1 and 2(2)(a) of Directive 2000/78 (see, to that effect, judgment of 1 April 2008, Maruko, C‑267/06, EU:C:2008:179, paragraphs 72 and 73). | 73 SUBPARAGRAPH 1 OF ARTICLE 1 ( 1 ) OF THE CONTESTED DECISION MUST THEREFORE BE ANNULLED .
CHAPTER 2
THE COMPLAINT OF A CONCERTED PRACTICE HAVING AS ITS OBJECT THE PROTECTION OF THE NETHERLANDS MARKET | 0 |
864,302 | 60. In that regard, it must be recalled that, as a general rule, it is not for the Court of Justice to rule on the question whether the labelling of certain products is likely to mislead the purchaser or consumer or to determine whether a sales description is potentially misleading. That task is for the national court (see, inter alia, Case C‑210/96 Gut Springenheide and Tusky [1998] ECR I‑4657, paragraph 30, and Case C‑366/98 Geffroy [2000] ECR I‑6579, paragraphs 18 and 19). When giving a preliminary ruling on a reference, however, the Court may, in appropriate cases, give clarifications to guide the national court in its decision ( Geffroy , paragraph 20). | 30 There have been several cases in which the Court of Justice has had to consider whether a description, trade mark or promotional text is misleading under the provisions of the Treaty or of secondary legislation. Whenever the evidence and information before it seemed sufficient and the solution clear, it has settled the issue itself rather than leaving the final decision for the national court (see, in particular, Case C-362/88 GB-INNO-BM [1990] ECR I-667; Case C-238/89 Pall [1990] ECR I-4827; Case C-126/91 Yves Rocher [1993] ECR I-2361; Case C-315/92 Verband Sozialer Wettbewerb [1994] ECR I-317; Case C-456/93 Langguth [1995] ECR I-1737; and Case C-470/93 Mars [1995] ECR I-1923). | 1 |
864,303 | 56. The Court has already held in similar circumstances that if the pre‑litigation procedure has attained its objective of protecting the rights of the Member State in question, that Member State, which did not inform the Commission during the pre-litigation procedure that the directive should be regarded as having already been implemented in its domestic law, cannot complain that the Commission has extended or altered the subject-matter of the action as defined by the pre-litigation procedure. According to the Court, the Commission may, after alleging that a Member State has failed to transpose a directive at all, specify in its reply that the implementation pleaded for the first time by the Member State concerned in its defence is in any event incorrect or incomplete so far as certain provisions of the directive are concerned, as such a complaint is necessarily included in the complaint alleging a complete failure to transpose and is subsidiary to that complaint (Case C‑456/03 Commission v Italy [2005] ECR I‑5335, paragraphs 23 to 42, and, in particular, paragraph 40). | 112. Next, when such remuneration is agreed between the right holders concerned and the broadcasters in an auction, there is nothing to prevent the right holder from asking, at that time, for an amount which takes account of the actual audience and the potential audience both in the Member State of broadcast and in any other Member State in which the broadcasts including the protected subject-matter are also received. | 0 |
864,304 | 56. In that regard, it is appropriate to bear in mind that, in order to ascertain whether a retirement pension falls within the scope of Article 119 of the Treaty and, with effect from 1 May 1999, within that of Article 141(1) and (2) EC, the only possible decisive criterion is whether the pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say the criterion of employment based on the wording of the abovementioned provisions (see, to that effect, Case C-7/93 Beune [1994] ECR I-4471, paragraph 43; Case C-147/95 Evrenopoulos [1997] ECR I-2057, paragraph 19; Case C-366/99 Griesmar [2001] ECR I-9383, paragraph 28; and Case C-351/00 Niemi [2002] ECR I-7007, paragraph 45). | 43 Indeed, it follows from all that has been said above that the only possible decisive criterion is whether the pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say the criterion of employment based on the wording of Article 119 itself. | 1 |
864,305 | 39. However, the requirement that the subject-matter of an action brought under Article 226 EC be circumscribed by the pre-litigation procedure provided for by that provision cannot be stretched so far as to mean that in every case the statement of complaints set out in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought by the action must be exactly the same, provided that the subject-matter of the proceedings has not been extended or altered (see, to this effect, Case C-279/94 Commission v Italy [1997] ECR I-4743, paragraph 25, and Case C-139/00 Commission v Spain [2002] ECR I-6407, paragraph 19). | 24. It should be noted, first, that plant protection products are to be regarded as identical if, at least, they share a common origin in that they have been manufactured by the same company or by an associated undertaking or under licence according to the same formulation, were manufactured using the same active ingredient, and also have the same effect with due regard to differences which may exist in conditions relating to agriculture, plant health and the environment, in particular climatic conditions, relevant to the use of the product (see, to that effect, judgment in Commission v France , C‑201/06, EU:C:2008:104, paragraph 39). | 0 |
864,306 | 42. Similarly, according to the third subparagraph of Article 8(1) of Directive 98/34, ‘Member States shall communicate the draft again … if they make changes to the draft that have the effect of significantly altering its scope …’. The inclusion of new media, such as CDs, within the scope of the obligation to affix the distinctive sign ‘SIAE’ must be regarded as such a change (see, to that effect, Case C‑317/92 Commission v Germany [1994] ECR I‑2039, paragraph 25, and Lindberg , paragraphs 84 and 85). | 26. It is, however, for the Court to answer the request for a preliminary ruling on the basis of the assessments made by the national court and to give it all the information necessary for it to resolve the dispute. | 0 |
864,307 | 70
In that respect, the Member States enjoy a wide discretion (see, to that effect, judgment of 8 May 2013, Libert and Others, C‑197/11 and C‑203/11, EU:C:2013:288, paragraph 88), which may be called into question by the Commission only in the event of a manifest error (see, to that effect, judgment of 18 February 2016, Germany v Commission, C‑446/14 P, not published, EU:C:2016:97, paragraph 44). | 43. It follows from all the foregoing considerations that the answer to the questions referred is that Article 6 of Regulation No 1896/2006, read in conjunction with Article 17 thereof, must be interpreted as meaning that a statement of opposition to a European order for payment that does not contain any challenge to the jurisdiction of the court of the Member State of origin cannot be regarded as constituting the entering of an appearance within the meaning of Article 24 of Regulation No 44/2001, and the fact that the defendant has, in the statement of opposition lodged, put forward arguments relating to the substance of the case is irrelevant in that regard.
Costs | 0 |
864,308 | 50
Accordingly, the procedure is necessarily vitiated, regardless of any possible detrimental consequences for the appellants that could result from that infringement (see, to that effect, judgments of 6 November 2012, Commission v Éditions Odile Jacob, C‑553/10 P and C‑554/10 P, EU:C:2012:682, paragraphs 46 to 52, and of 9 June 2016, CEPSA v Commission, C‑608/13 P, EU:C:2016:414, paragraph 36). | 67. It is clear from Article 3(1) of the Directive that each of the grounds for refusal listed in that provision is independent of the others and calls for separate examination. | 0 |
864,309 | 38. First, the approach adopted in the judgment in Fediol v Commission (EU:C:1989:254) is justified by the specific circumstances of that case, in which the regulation at issue entitled the economic agents concerned to rely on rules of the General Agreement on Tariffs and Trade (‘the GATT’). Moreover, that approach is not to be applied outside of the specific scope of the GATT. | 25 It is true that an undertaking whose activity is subject to VAT is entitled to deduct the tax on the services supplied by accountants or legal advisers for the taxable person' s taxable transactions and that if BLP had decided to take out a bank loan for the purpose of meeting the same requirements, it would have been entitled to deduct the VAT on the accountant' s services required for that purpose. However, that is a consequence of the fact that those services, whose costs form part of the undertaking' s overheads and hence of the cost components of the products, are used by the taxable person for taxable transactions. | 0 |
864,310 | 72 As regards the Commission's practice, it must have been known, and it cannot be denied, that, before the Maribel bis/ter scheme was introduced, the Commission was accustomed to order recovery when it found that aid was incompatible with the rules of the Treaty on State aid (see, in this regard, Case 102/87 France v Commission [1988] ECR 4067, paragraph 9; Case C-301/87 France v Commission, cited above, paragraph 6; Case C-142/87 Belgium v Commission, cited above, paragraph 8; Case C-303/88 Italy v Commission, cited above, paragraph 2; and Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 3).
Suspension of the increased reductions during the examination stage | 51. It remains necessary to ascertain whether the measure is necessary and proportionate in relation to the objective of protecting human health. | 0 |
864,311 | 34 In those circumstances, contrary to the French Government's assertions it is not therefore sufficient for a Member State to take all reasonably practicable measures to achieve the result imposed by Directives 89/369 and 89/249 (see, to that effect, with regard to Directive 76/160, Commission v United Kingdom, cited above, paragraphs 42 and 44, Commission v Germany, cited above, paragraph 35, Case C-307/98 Commission v Belgium, cited above, paragraph 51, and Commission v Netherlands, cited above, paragraphs 12, 13 and 14). | 65. The existence of an economic unit may thus be inferred from a body of consistent evidence, even if some of that evidence, taken in isolation, is insufficient to establish the existence of such a unit. | 0 |
864,312 | 55. However, without there being any need, by approximate analogy with that reasoning, to regard the importation of slot machines as ancillary to the operation thereof, it suffices to state, as the Court did in paragraphs 20 to 29 of Läärä and Others , cited above, that, even though the operation of slot machines is linked to operations to import them, the former activity comes under the provisions of the Treaty relating to the freedom to provide services and the latter under those relating to the free movement of goods. | Or, l’existence d’une situation, telle que celle en cause, pendant une durée prolongée a nécessairement pour conséquence une dégradation significative de l’environnement. En effet, les déchets ont une nature particulière, si bien que leur accumulation, avant même qu’ils ne deviennent dangereux pour la santé, constitue un danger pour l’environnement (voir, en ce sens, arrêt du 16 juillet 2015, , C‑653/13, non publié, EU:C:2015:478, point 38 et jurisprudence citée). | 0 |
864,313 | 80
In those circumstances, it is for the referring court to interpret, to the fullest extent possible, the relevant procedural rules, in particular the general provision set out in Paragraph 8 of the AVG, in a manner that complies with Article 14(1) of Directive 2000/60, in order to enable an environmental organisation, such as Protect, to participate as a party to the proceedings in an administrative procedure for the grant of a permit, such as the one at issue in the main action, that is intended to implement that directive (see, by analogy, judgment of 8 March 2011, Lesoochranárske zoskupenie, C‑240/09, EU:C:2011:125, paragraph 52). | 36 Consequently, a Member State is entitled to make the award of unemployment allowance conditional on the persons concerned having last completed periods classed as `periods of insurance' or `periods of employment' under its own legislation. | 0 |
864,314 | 60
Finally, as regards the condition of residence, the Court has decided that Article 7, first paragraph, first indent, of Decision No 1/80 imposes on the family member of a Turkish worker the obligation to reside with the latter for a continuous period of at least three years (judgment of 18 December 2008, Altun, C‑337/07, EU:C:2008:744, paragraph 30). | 29. À cet égard, il convient de rappeler que, selon une jurisprudence constante, la procédure instituée à l’article 267 TFUE est un instrument de coopération entre la Cour et les juridictions nationales, grâce auquel la première fournit aux secondes les éléments d’interprétation du droit de l’Union qui leur sont nécessaires pour la solution des litiges qu’elles sont appelées à trancher (voir, notamment, arrêt du 6 juin 2013, MA e.a., C‑648/11, point 36 et jurisprudence citée). | 0 |
864,315 | 33. Indeed, the Court has already held that national rules whereby a Member State makes the granting of credit on a commercial basis, on national territory, by a company established in a third country subject to prior authorisation, and which thus impede access to the financial market for that company, affect primarily the exercise of the freedom to provide services within the meaning of Article 56 TFEU et seq. (judgment in Fidium Finanz , C‑452/04, EU:C:2006:631, paragraphs 49 and 50). | 58
The factors capable of affecting the assessment of the gravity of the infringements include the conduct of each of the undertakings, the role played by each of them in the establishment of the cartel, the profit which they were able to derive from the cartel, their size, the value of the goods concerned and the threat that infringements of that type pose to the objectives of the European Union (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 242, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 100). | 0 |
864,316 | 50 In the event, the Court has already held in Francovich I, cited above, paragraph 46, that the Member State concerned was required to make good loss or damage caused to individuals by the failure to transpose the Directive within the prescribed period. | 57. More specifically, this means that the award criteria must be formulated, in the contract documents or the contract notice, in such a way as to allow all reasonably well-informed tenderers of normal diligence to interpret them in the same way (SIAC Construction , paragraph 41). | 0 |
864,317 | 45. In its case-law on equal treatment in the area of employment and occupation, the Court has already held that the definition of ‘disability’ must be understood, for the purposes of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) read in the light of the UN Convention on Disabilities, as long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers (Joined Cases C‑335/11 and C‑33711 HK Danmark EU:C:2013:222, paragraphs 37 to 39; Case C‑312/11 Commission v Italy E U:C:2013:446, paragraph 56; and Case C‑363/12 Z EU:C:2014:159, paragraph 76). | 33. It is settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedom to provide services must be regarded as restrictions of that freedom (see Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraph 46 and the case-law cited). | 0 |
864,318 | 55. However, it must be borne in mind that it is not for the Court of Justice to interpret national legislation, as only the national court has jurisdiction to do so. In the case of a breach of Directive 76/207 by legislative provisions introducing discrimination contrary to that directive, the national courts are required to set aside that discrimination, using all the means at their disposal, and in particular by applying those provisions for the benefit of the class placed at a disadvantage (Case C-187/00 Kutz-Bauer [2003] ECR I-2741, paragraph 75, and Case C-77/02 Steinicke [2003] ECR I-9027, paragraph 72). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,319 | 36. In that respect, it is true that the Court has held that the possibility cannot be excluded that a Member State might succeed in ensuring compliance with its obligations under the Treaty by concluding a convention for the avoidance of double taxation with another Member State (see, to that effect, Test Claimants in Class IV of the ACT Group Litigation , paragraph 71, and Amurta , paragraph 79). | 96. In accordance with Article 100(5) of Regulation No 1083/2006, the Commission is to take a decision on the financial correction within six months of the date of the hearing, and, if no hearing takes place, the six-month period is to begin to run two months after the date of the letter of invitation sent by the Commission. | 0 |
864,320 | 22. In that respect, it must be recalled that the Court may not rule on the application of general criteria used by the Community legislature in order to define the concept of unfair term to a particular term, which must be considered in the light of the particular circumstances of the case in question (Case C-237/02 Freiburger Kommunalbauten [2004] ECR I-3403, paragraph 22). | 69. Consequently, the condition that the aid must be capable of affecting trade between Member States does not depend on the local or regional character of the transport services supplied or on the scale of the field of activity concerned (the judgment in Altmark Trans and Regierungspräsidium Magdeburg , EU:C:2003:415, paragraph 82). | 0 |
864,321 | 16
A disguised restriction within the meaning of that latter provision will exist where the exercise, by the trade mark proprietor, of his right to oppose repackaging contributes to artificial partitioning of the markets between the States party to the EEA Agreement, where the repackaging is done in such a way that the legitimate interests of the proprietor are respected (see, by analogy, with regard to the second sentence of Article 36 TFEU, judgments of 26 April 2007, Boehringer Ingelheim and Others, C‑348/04, EU:C:2007:249, paragraph 17, and of 28 July 2011, Orifarm and Others, C‑400/09 and C‑207/10, EU:C:2011:519, paragraph 24 and the case-law cited). | 17. A disguised restriction within the meaning of that provision will exist where the exercise by a trade mark proprietor of its right to oppose repackaging contributes to artificial partitioning of the markets between Member States and where, in addition, the repackaging is done in such a way that the legitimate interests of the proprietor are respected. This means, in particular, that the repackaging must not adversely affect the original condition of the product and must not be such as to harm the reputation of the mark (see Boehringer Ingelheim and Others , paragraph 32). | 1 |
864,322 | 55. The as-efficient-competitor test has been specifically applied by the Court to low-pricing practices in the form of selective prices or predatory prices (see, in respect of selective prices, judgment in Post Danmark , C‑209/10, EU:C:2012:172, paragraphs 28 to 35, and in respect of predatory prices, judgments in AKZO v Commission , C‑62/86, EU:C:1991:286, paragraphs 70 to 73, and France Télécom v Commission , C‑202/07 P, EU:C:2009:214, paragraphs 107 and 108), and margin squeeze (judgment in TeliaSonera Sverige , C‑52/09, EU:C:2011:83, paragraphs 40 to 46). | 39. The fixing of that period at two months would not appear liable to render practically impossible or excessively difficult the exercise of rights conferred by European Union law. | 0 |
864,323 | 19. Moreover, it is settled case-law that, in connection with the procedure provided for in Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, the latter is empowered only to give rulings on the interpretation or the validity of a EU law provision on the basis of the facts which the national court puts before it (see judgments in WWF and Others , C‑435/97, EU:C:1999:418, paragraph 31, and Endress , C‑209/12, EU:C:2013:864, paragraph 19 and the case-law cited). As regards, specifically, the alleged omissions and factual errors in the order for reference, it is sufficient to note that it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (judgment in PreussenElektra , C‑379/98, EU:C:2001:160, paragraph 40). | 31 Accordingly, the answer to Question 1 must be that Article 36(3) of Regulation No 222/77 in conjunction with Article 11a(2) of Regulation No 1062/87 is to be interpreted as meaning that the Member State to which the office of departure belongs may recover duty on import only if it has indicated to the principal that he has three months in which to prove where the offence or irregularity was actually committed and such proof has not been provided within that period.
Question 2 | 0 |
864,324 | 43
It is true that Directive 2005/29 applies, in accordance with Article 3(1) of that directive, to unfair business-to-consumer commercial practices, as defined in Article 5 of the directive, before, during and after a commercial transaction in relation to a product. Article 2(d) of the directive defines commercial practices as being ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers’ (see judgment of 16 July 2015 in Abcur, C‑544/13 and C‑545/13, EU:C:2015:481, paragraph 73). | 62. Moreover, as regards the need to maintain the coherence of the national tax system established by the legislation at issue in the main proceedings, which, according to the German Government, those conventions serve to guarantee, it must be pointed out that, in paragraphs 28 and 21 respectively of the judgments in Case C-204/90 Bachmann [1992] ECR I-249 and Case C-300/90 Commission v Belgium [1992] ECR I-305, the Court recognised that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty. However, for an argument based on such reasoning to succeed, a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see, to that effect, Keller Holding , paragraph 40, and Test Claimants in the Thin Cap Group Litigation , paragraph 68). | 0 |
864,325 | 55. Although the Spanish Government submits that there were internal difficulties in the classification of certain SPAs, it must be recalled that, according to the Court’s settled case-law, a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations and time-limits laid down by a directive (see, inter alia, Case C‑374/98 Commission v France [2000] ECR I‑10799, paragraph 13). | 51. La réglementation en cause au principal établit ainsi une différence de traitement fiscal entre les couples de citoyens de l’Union résidant sur le territoire du Royaume de Belgique en fonction de l’origine et de l’importance de leurs revenus qui est susceptible de produire un effet dissuasif sur l’exercice par ces derniers des libertés garanties par le traité, et notamment de la liberté d’établissement (voir, en ce sens, arrêt Beker, précité, point 52). | 0 |
864,326 | 12 As regards in particular the choice of reference country, it should be verified whether the institutions neglected to take account of essential factors for the purpose of establishing the appropriate nature of the country chosen and whether the information contained in the documents in the case was considered with all the care required for the view to be taken that the normal value was determined in an appropriate and not unreasonable manner (see Nölle, cited above, paragraph 13). | 21. Similarly, ‘employment conditions’ for the purposes of Clause 4(1) of the Framework Agreement covers pensions which depend on an employment relationship between worker and employer, excluding statutory social security pensions, which are determined less by that relationship than by considerations of social policy ( Bruno and Others , paragraph 42). | 0 |
864,327 | 36. In particular, as regards the principle of proportionality, the Court has held that, in accordance with that principle, the Member States must employ means which, whilst enabling them effectively to attain the objectives pursued by their domestic laws, cause the least possible detriment to the objectives and principles laid down by the relevant European Union legislation (see Joined Cases C‑286/94, C‑340/95, C‑401/95 and C‑47/96 Molenheide and Others [1997] ECR I‑7281, paragraph 46; and also Teleos and Others , paragraph 52, and Netto Supermarkt , paragraph 19). | 31. Il résulte également de la jurisprudence que les mesures nationales susceptibles de gêner ou de rendre moins attrayant l’exercice des libertés fondamentales garanties par le traité CE sont considérées comme compatibles avec celui-ci si elles remplissent quatre conditions: qu’elles s’appliquent de manière non discriminatoire, qu’elles se justifient par des raisons impérieuses d’intérêt général, qu’elles soient propres à garantir la réalisation de l’objectif qu’elles poursuivent et qu’elles n’aillent pas au-delà de ce qui est nécessaire pour l’atteindre (voir arrêt du 30 novembre 1995, Gebhard, C‑55/94, Rec. p. I‑4165, point 37). | 0 |
864,328 | 188. While such legislation could meet the requirements referred to in paragraphs 158 to 160 of this judgment (see, to that effect, Marrosu and Sardino , paragraph 55; Vassallo , paragraph 40; and order in Vassilakis and Others , paragraph 128), it is none the less for the referring court – as is apparent from paragraphs 162 to 176 of this judgment – to determine to what extent the conditions for application and effective implementation of the relevant provisions of domestic law constitute a measure adequate for the prevention and, where relevant, the punishment of the misuse by the public authorities of successive fixed-term employment contracts or relationships (see Vassallo , paragraph 41; and Marrosu and Sardino , paragraph 56; also order in Vassilakis and Others , paragraph 135). | 50
Accordingly, in the two situations mentioned in Article 29 of Directive 2011/95, the conditions under which beneficiaries of subsidiary protection status are eligible for the social assistance extended to them by the Member State that has granted them that protection must be the same as those under which such assistance is granted to nationals of that Member State. | 0 |
864,329 | 31. It is also apparent from the case-law of the Court of Justice that the Member States must exercise their powers in that field in compliance with EU law and that the national provisions which govern compensation for road accidents may not deprive the First, Second and Third Directives of their effectiveness ( Ambrósio Lavrador and Olival Ferreira Bonifácio , paragraph 28). | 44. Article 3(2) of the Directive lists the rights which the consumer may rely on against the seller in cases where the goods delivered are not in conformity. In the first place, the consumer has the right to require the goods to be brought into conformity. If that is not possible, he may subsequently seek a reduction in the price or rescission of the contract. | 0 |
864,330 | 36. The intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C-459/93 Thyssen Haniel Logistic [1995] ECR I-1381, paragraph 13). | 20 Consequently, where the questions put by national courts concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling . | 0 |
864,331 | 23. Thus, it is the Court’s settled case‑law, in particular with regard to administrative charges imposed by Member States on operators holding a general authorisation under Article 12 of the Authorisation Directive, that the only purpose of such charges is to cover the administrative costs incurred in four administrative activities, namely the issue, management, control and enforcement of the applicable general authorisation scheme (see, by analogy, Telefónica de España , paragraph 22). | 46. De plus, selon une jurisprudence constante, ni la méthode de traitement ni le mode d’utilisation d’une substance ne sont déterminants pour sa qualification ou non de déchet (voir arrêts précités ARCO Chemie Nederland e.a., point 64, ainsi que du 18 décembre 2007, Commission/Italie, points 36 et 49). En particulier, la notion de déchet n’exclut pas les substances et les objets susceptibles de réutilisation économique. Le système de surveillance et de gestion établi par la directive 75/442 vise en effet à couvrir tous les objets et les substances dont le propriétaire se défait, même s’ils ont une valeur commerciale et sont collectés à titre commercial aux fins de recyclage, de récupération ou de réutilisation (voir en ce sens, notamment, arrêts du 25 juin 1997, Tombesi e.a., C‑304/94, C‑330/94, C‑342/94 et C‑224/95, Rec. p. I‑3561, points 47 et 52; du 18 avril 2002, Palin Granit et Vehmassalon kansanterveystyön kuntayhtymän hallitus, C‑9/00, Rec. p. I‑3533, ci-après l’«arrêt Palin Granit», point 29, ainsi que Commune de Mesquer, précité, point 40). | 0 |
864,332 | 27. However, in such a case, the right to immediately and fully deduct VAT paid at the time of the acquisition leads to the corresponding obligation to pay VAT on private use of the business assets (see Charles and Charles-Tijmens , paragraph 30, and Wollny , paragraph 24). To that end, Article 6(2)(a) of the Sixth Directive treats use for private purposes in the same way as the supply of services for consideration, so that the taxable person must, in accordance with Article 11A(1)(c) of the same directive, pay VAT on expenses relating to that use (see Case C‑269/00 Seeling [2003] ECR I‑4101, paragraphs 42 and 43). | 42. It follows from Article 6(2)(a) and from Article 11A(1)(c) of the Sixth Directive that the use of capital goods for the private use of a taxable person or of his staff or for purposes other than those of his business, where the input VAT paid on such goods is wholly or partly deductible, is treated as a supply of services for consideration and is taxed on the basis of the cost of providing the services (see Lennartz , paragraph 26, and Bakcsi , paragraph 30). | 1 |
864,333 | 33. In that regard, Regulation No 4253/88 is the relevant legal basis for recovery and not Regulation No 2988/95 which merely lays down general rules for supervision and penalties for the purpose of safeguarding the European Union’s financial interests. Recovery must therefore be carried out on the basis of Article 23(1) of Regulation No 4253/88 (see Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening and Others , paragraph 39). | 36. It is for the authorities and, in particular, the competent courts in the host Member State to determine, in each specific case, to what extent the content of the education and training obtained by the party concerned is different from that required in that State. In the present case, the Tribunal Supremo found that the content of the education and training required, respectively, for the profession of civil engineer specialising in hydraulics in Italy and the profession of civil engineer in Spain involves differences which are so great that the application of a compensatory measure or adaptation requirement would in effect amount to requiring the party concerned to complete a fresh, complete programme of education and training. | 0 |
864,334 | 56. With regard, secondly, to the consequences for national courts of such an infringement of Article 6(b) of Directive 2003/88, the Court has consistently held that, whenever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon by individuals as against the State, including in its capacity as an employer, in particular when it has failed to transpose that directive into national law within the time-limit or has transposed it incorrectly (see, to that effect, Case 152/84 Marshall [1986] ECR 723, paragraphs 46 and 49, and Joined Cases C‑378/07 to C‑380/07 Angelidaki and Others [2009] ECR I‑3071, paragraphs 193 and 194). | 49 IN THAT RESPECT IT MUST BE POINTED OUT THAT WHERE A PERSON INVOLVED IN LEGAL PROCEEDINGS IS ABLE TO RELY ON A DIRECTIVE AS AGAINST THE STATE HE MAY DO SO REGARDLESS OF THE CAPACITY IN WHICH THE LATTER IS ACTING , WHETHER EMPLOYER OR PUBLIC AUTHORITY . IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW .
| 1 |
864,335 | 20 The Court observes first of all that, although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law and therefore avoid any overt or covert discrimination by reason of nationality (Schumacker, paragraphs 21 and 26, and Wielockx, paragraph 16, both cited above). | 107 In that connection it must be borne in mind first of all that abolishing unlawful aid by means of recovery is the logical consequence of a finding that it is incompatible with the common market. A Member State may not claim that such a measure is disproportionate to the objectives of the Treaty in regard to State aids nor rely on the legitimate expectations of the undertaking that receive the aid in order to justify a failure to comply with the obligation to take the steps necessary to implement a Commission decision instructing it to recover the aid. If it could do so, Articles 87 and 88 EC would be set at naught, since national authorities would thus be able to rely on their own unlawful conduct in order to deprive of their effectiveness decisions taken by the Commission under provisions of the Treaty (see, inter alia, the judgment in Spain v Commission, cited above, paragraphs 47 and 48). | 0 |
864,336 | 31. In that regard, it should be borne in mind that the applicable directive is, as a rule, the one in force when the contracting authority chooses the type of procedure to be followed and decides definitively whether it is necessary for a prior call for competition to be issued for the award of a public contract (judgment in Commission v Netherlands , C‑576/10, EU:C:2013:510, paragraph 52 and the case-law cited). Conversely, a directive is not applicable if the period prescribed for its transposition expired after that point in time (see, to that effect, the judgment in Commission v France , C‑337/98, EU:C:2000:543, paragraphs 41 and 42). | 41 In the interests of the owner as proprietor of the trade mark, and to protect him against any misuse, those rights must therefore, as the Court held in Hoffmann-La Roche, be recognized only in so far as the importer complies with a number of other requirements. | 0 |
864,337 | 69. This directive thus codified and expressly extended to the principle of equal treatment within the meaning of Directive 76/207 previous case-law according to which the burden of proof, which in principle lies with the worker, may shift when this is necessary to avoid depriving workers who appear to be the victims of discrimination of any effective means of enforcing the principle of equal pay. Accordingly, when a measure distinguishing between employees on the basis of their hours of work has in practice an adverse impact on a substantially greater percentage of members of one or other sex, it is for the employer to show that there are objective reasons which justify the difference in pay that has been found (see Case C-127/92 Enderby [1993] ECR I-5535, paragraphs 13, 14 and 18, and Case C-381/99 Brunnhofer [2001] ECR I-4961, paragraphs 52, 53 and 60). | 40. That interpretation is confirmed by the wording of Explanatory Note 1(b) to Chapter 64 of the CN, as it appears in the Explanatory Notes to the CN published by the Commission on 28 February 2006 (OJ 2006 C 50, p. 1) and corrected on 28 October 2006 (OJ 2006 C 260, p. 18), which, although it was not applicable at the material time, states that ‘the lining is not exposed on the outside surface of the footwear, with the exception of a padding e.g. around the collar’. | 0 |
864,338 | 32. However, the special rule on jurisdiction provided for in Article 6(1) of Regulation No 44/2001 cannot be interpreted in such a way as to allow a plaintiff to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (see, in relation to the Brussels Convention, Case 189/87 Kalfelis [1988] ECR 5565, paragraphs 8 and 9, and Réunion européenne and Others , paragraph 47). However, this does not seem to be the case in the main proceedings. | 19
As is apparent from recitals 35 and 38 of Directive 2001/29, that provision reflects the EU legislature’s intention to establish a specific compensation scheme which is triggered by the existence of harm caused to rightholders, which gives rise, in principle, to the obligation to ‘compensate’ them (see, to that effect, judgment of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 41). | 0 |
864,339 | 30. It is only where the Community has intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the WTO agreements, that it is for the Court to review the legality of the Community measure in question in the light of the WTO rules (Case C‑149/96 Portugal v Council [1999] ECR I‑8395, paragraph 49; Biret International v Council , paragraph 53; and Van Parys , paragraph 40 and the case-law cited). | 79. That legislation generally excludes the possibility of taxpayers in Germany deducting from the taxable amount a part of the school fees for sending their children to a private school established outside German territory, save for school fees paid in another Member State to German schools recognised by the permanent conference of the Ministers of Education and Culture of the Länder or to European schools, whereas that possibility does exist for school fees paid to certain German private schools. It thus results in a larger tax burden for those taxpayers if they send their children to a private school situated in another Member State rather than to a private school established in national territory. | 0 |
864,340 | 58. According to settled case-law, the Community institutions and bodies have a wide discretion as regards their internal organisation on the basis of the responsibilities entrusted to them (see, inter alia, Case C‑15/00 Commission v EIB [2003] ECR I‑7281, paragraph 67, and Pflugradt v ECB , cited above, paragraph 43). | 39. Toutefois, les États membres sont tenus, en vertu de l’article 4, paragraphe 3, TUE de faciliter à la Commission l’accomplissement de sa mission, consistant notamment, selon l’article 17, paragraphe 1, TUE, à veiller à l’application des dispositions du traité FUE ainsi que des dispositions prises par les institutions de l’Union européenne en vertu de celui-ci (voir, en ce sens, arrêt Commission/Italie, C‑135/05, EU:C:2007:250, point 27 et jurisprudence citée). | 0 |
864,341 | 25 It must be borne in mind that, in accordance with settled case-law, the exemptions constitute independent concepts of Community law which must be placed in the general context of the common system of VAT introduced by the Sixth Directive (see, in particular, Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18, Case 348/87 Stichting Uitvoering Financiële Acties [1989] ECR 1737, paragraph 11, and Case C-2/95 SDC [1997] ECR I-3017, paragraph 21). | 19 On 23 April 1996 the Commission sent a letter to the CVMP informing it of its decision to stay the procedure for including somatosalm in Annex II until further scientific information had been obtained. It explained that there had been a certain amount of opposition to somatosalm in the Adaptation Committee because the substance could be used to boost growth. It therefore asked the CVMP for a further opinion as to whether abuses of the product were possible. | 0 |
864,342 | 32. However, it must also be pointed out that, in the context of the common agricultural policy, any sale of public land at a price lower than the market value need not necessarily be considered to be contrary to the EC Treaty. In the context of the wide discretion which it enjoys where the common agricultural policy is concerned (Case 139/79 Maizena v Council [1980] ECR 3393, paragraph 23, and Case C‑365/08 Agrana Zucker [2010] ECR I‑0000, paragraph 30), the European Union legislature adopted new rules specifically concerning the grant of aid in the area of agricultural policy, including, in particular, aid for investment in agricultural holdings, first, by means of Regulation No 950/97, applicable ratione temporis to the dispute in the main proceedings, and subsequently repealed by Regulation No 1257/1999. | 27. It follows that such a derogation must necessarily be interpreted strictly, as any derogation from or exception to a general rule is to be inte rpreted strictly. | 0 |
864,343 | 28. While it is established that the rights to freedom of movement laid down under that article benefit workers, including those seeking employment, there is nothing in the wording of that article to indicate that those rights may not be relied upon by others. In order to be truly effective, the right of workers to be engaged and employed without discrimination necessarily entails as a corollary the employer’s entitlement to engage them in accordance with the rules governing freedom of movement for workers (see Case C-350/96 Clean Car Autoservice [1998] ECR I-2521, paragraphs 19 and 20, and Case C-208/05 ITC Innovative Technology Center [2007] ECR I-181, paragraphs 22 and 23). | 178 CONSIDERED AS A WHOLE THE SUBSTANCE OF THE DRAFT REGULATION ON WHICH THE PARLIAMENT WAS CONSULTED HAS NOT BEEN ALTERED . | 0 |
864,344 | 21. First of all, it should be noted that, as a general rule, the Court will refrain from considering the principle of tax neutrality with a view to ascertaining whether EU law precludes national rules which lay down time-limits within which a VAT refund must be claimed, failing which the action is time-barred (see, to that effect, Case C‑85/97 SFI [1998] ECR I‑7447, paragraphs 22 to 36; Case‑62/00 Marks & Spencer [2002] ECR I‑6325, paragraphs 22 to 47; and Case C‑472/08 Alstom Power Hydro [2010] ECR I‑623, paragraphs 14 to 22). | 36. In those circumstances, there is no question of a substance resulting from the thermal treatment of waste in the gas plant which is incinerated in the power plant in order to complete a simple process of waste disposal. As the Finnish and Italian Governments have submitted, when the process is completed within the gas plant a product having the characteristics of a fuel is generated from waste. | 0 |
864,345 | 26 It is settled case-law that Member States may not impose a criminal penalty in this area so disproportionate to the gravity of the infringement as to become an obstacle to the free movement of persons, in view of the effect which the right to drive a motor vehicle has on the actual exercise of a trade or profession by an employed or self-employed person, particularly with regard to access to certain activities or certain offices (see Skanavi and Chryssanthakopoulos, paragraphs 36 and 38). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,346 | 18 Where a charge is imposed on domestic and imported products according to the same criteria, the Court has consistently held that it may be necessary to take into account the purpose to which the revenue from the charge is put. Thus, if the revenue from such a charge is intended to finance activities for the special advantage of the taxed domestic product, it may follow that the charge imposed on the basis of the same criteria nevertheless constitutes discriminatory taxation in so far as the fiscal burden on the domestic products is neutralized by the advantages which the charge is used to finance, whilst the charge on the imported product constitutes a net burden (judgments in Case 73/79 Commission v Italy [1980] ECR 1533, paragraph 15, and in Compagnie Commerciale de l' Ouest, cited above, paragraph 26). | 54. In that context, it must be noted at the outset that it is apparent from the wording of that provision that it does not concern only those business units of the undertaking that have legal personality, the term ‘place of business’ covering every stable structure of an undertaking. Consequently, not only the subsidiaries and branches but also other units, such as the offices of an undertaking, could constitute places of business within the meaning of Article 6(2)(b) of the Rome Convention, even though they do not have legal personality. | 0 |
864,347 | 35. This conclusion is supported by the subject-matter and purpose of Directive 2001/29. The objective of Directive 2001/29, which is based, in particular, on Article 95 EC and is intended to harmonise certain aspects of the law on copyright and related rights in the information society and to ensure that competition in the internal market is not distorted as a result of differences in the legislation of Member States (Case C‑479/04 Laserdisken [2006] ECR I‑8089, paragraphs 26 and 31 to 34), requires the elaboration of autonomous concepts of European Union law. The European Union legislature’s aim of achieving a uniform interpretation of the concepts contained in Directive 2001/29 is apparent in particular from recital 32 in the preamble thereto, which calls on the Member States to arrive at a coherent application of the exceptions to and limitations on reproduction rights, with a view to ensuring a functioning internal market. | 34. The restriction resulting from the legislation at issue in the main proceedings can be justified in the light of EU law only if it is based on objective considerations of public interest independent of the nationality of the persons concerned and if it is proportionate to a legitimate objective pursued by the provisions of national law. It follows from the case-law of the Court that a measure is proportionate if, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain that objective (judgments in De Cuyper , C‑406/04, EU:C:2006:491, paragraphs 40 and 42; Morgan and Bucher , EU:C:2007:626, paragraph 33; and Prinz and Seeberger , EU:C:2013:524, paragraph 33). | 0 |
864,348 | 31. As stated by the Advocate General in point 39 of her Opinion and as stated inter alia in paragraph 60 of Dodl and Oberhollenzer , amendments to Article 10 of Regulation No 574/72 in relation to the wording of that provision as it applied at the time of the proceedings which gave rise to the judgment in McMenamin are not such as to affect this interpretation. | 281. That limit is therefore one which is uniformly applicable to all undertakings and arrived at according to the size of each of them and seeks to ensure that the fines are not excessive or disproportionate. | 0 |
864,349 | 48
It should be borne in mind at the outset that, according to the settled case-law of the Court, the principle of proportionality, which is one of the general principles of EU law, requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is necessary in order to achieve those objectives; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, to that effect, judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 122; ERG and Others, C‑379/08 and C‑380/08, EU:C:2010:127, paragraph 86; and Gauweiler and Others, C‑62/14, EU:C:2015:400, paragraphs 67 and 91). | 17. The definition of eutrophication in Article 2(11) of Directive 91/271 must be interpreted in the light of that objective. | 0 |
864,350 | 25. The condition that the repackaging of the pharmaceutical product, inter alia by reboxing it, be necessary for its further marketing in the importing Member State is directed only at the fact of repackaging the product, and not at the manner or style in which it has been repackaged ( Boehringer Ingelheim and Others , paragraphs 38 and 39). | 50. Furthermore, it follows from Article 86(1) EC that the Member States must not maintain in force national legislation which permits the award of public service concessions without their being put out to competition, since such an award infringes Article 43 EC or 49 EC or the principles of equal treatment, non-discrimination and transparency (see, inter alia, ANAV , paragraph 23). | 0 |
864,351 | 48
The fact that, in marketing or advertising, the possibility to use the term ‘milk’ and the designations reserved exclusively for milk products is available only to products which meet the requirements laid down by Annex VII, Part III, to Regulation No 1308/2013 is a guarantee, in particular, to the producers of those products of undistorted conditions for competition, and to consumers of those products, that the products designated by those designations meet all the same standards of quality, both protecting them against any confusion as to the composition of the products they intend to purchase. The provisions at issue are thus appropriate to achieve those objectives. Furthermore, they do not go beyond what is necessary to achieve them, since, as the Court has already held, the addition of descriptions or explanations to those designations to designate products which do not satisfy those requirements cannot prevent with certainty any likelihood of confusion in the mind of the consumer. Therefore, the provisions at issue, do not breach the principle of proportionality (see, to that effect, judgment of 16 December 1999, UDL, C‑101/98, EU:C:1999:615, paragraphs 32 to 34). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,352 | 49. Subject to verifications to be carried out by the referring court, it follows that the Federal Republic of Germany was the Member State primarily responsible for paying family benefits to Mr and Mrs Wiering for the period in question in the main proceedings, so that they may have been entitled to claim from the competent institution of the Member State in which Mr Wiering was employed, that is the CNPF, only a supplementary allowance equivalent to the difference between the total amount of benefits provided under Luxembourg law and the total amount of benefits received in Germany (see, to that effect, Case C‑119/91 McMenamin EU:C:1992:503, paragraph 26). | 17. As regards software, the legislature thus made unequivocally clear that in order for it to fall within the scope of Directive 93/42 it is not sufficient that it be used in a medical context, but that it is also necessary that the intended purpose, defined by the manufacturer, is specifically medical. | 0 |
864,353 | 66
It follows from the very wording of that provision that the partial immunity provided for therein requires two conditions to be satisfied: first, the undertaking in question is the first to prove facts previously unknown to the Commission; and, second, those facts, which have a direct bearing on the gravity or the duration of the suspected cartel, enable the Commission to make new findings concerning the infringement (judgment 23 April 2015 in LG Display and LG Display Taiwan v Commission, C‑227/14 P, EU:C:2015:258, paragraph 78). | 17 According to the same case-law, that consideration, when not consisting of money, must be capable of being expressed in money (Cooperatieve Aardappelenbewaarplats and Naturally Yours Cosmetics, cited above). | 0 |
864,354 | 36. The Court has already answered an identical question in the affirmative in paragraphs 59 to 63 of the judgment in Stichting Zuid‑Hollandse Milieufederatie . | 87
It follows that the Customs Code, by imposing that objective liability upon the principal establishes a basic legal mechanism that facilitates, in particular, the proper functioning of transit operations in order to protect the financial interests of the European Union and its Member States (judgment of 15 July 2010, DSV Road, C‑234/09, EU:C:2010:435, paragraph 30 and the case-law cited). | 0 |
864,355 | 28. In those circumstances, the input VAT paid in relation to the expenditure connected with the issue of shares or atypical silent partnerships can give rise to the right to deduct only if the capital thus acquired was used in connection with the economic activities of the person concerned. The Court has held that the deductions scheme laid down by the Sixth Directive relates to all economic activities, whatever their purpose or results, provided that they are themselves subject in principle to VAT (see Gabalfrisa and Others , paragraph 44; Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 19; and Abbey National , paragraph 24). | 25. The reference to the overall impression produced on the informed user by ‘any design’ which has been made available to the public indicates that Article 6 must be interpreted as meaning that the assessment as to whether a design has individual character must be conducted in relation to one or more specific, individualised, defined and identified designs from among all the designs which have been made available to the public previously. | 0 |
864,356 | 73. In this regard, the principle of proportionality referred to in Article 13 of Directive 2009/28, which is one of the general principles of European Union law, requires that measures adopted by Member States in this field do not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, inter alia, Case C‑331/88 Fedesa and Others [1990] ECR I‑4023, paragraph 13, and Joined Cases C‑133/93, C‑300/93 and C‑362/93 Crispoltoni and Others [1994] ECR I‑4863, paragraph 41). | 13 The Court has consistently held that the principle of proportionality is one of the general principles of Community law . By virtue of that principle, the lawfulness of the prohibition of an economic activity is subject to the condition that the prohibitory measures are appropriate and necessary in order to achieve the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued . | 1 |
864,357 | 21. It should be remembered that EU law does not detract from the power of the Member States to organise their social security systems and that, in the absence of harmonisation at EU level, it is for the legislation of each Member State to determine the conditions for the grant of social security benefits. Nevertheless, the Member States must comply with EU law when exercising that power (see inter alia, to this effect, judgments in Kristiansen , C‑92/02, EU:C:2003:652, paragraph 31, and Elchinov , C‑173/09, EU:C:2010:581, paragraph 40). | 50. On the one hand, the competent authorities must know with clarity and precision the nature of the signs of which a mark consists in order to be able to fulfil their obligations in relation to the prior examination of registration applications and to the publication and maintenance of an appropriate and precise register of trade marks. | 0 |
864,358 | 40. Selon une jurisprudence constante, toute réglementation des États membres susceptible d’entraver directement ou indirectement, actuellement ou potentiellement, le commerce intracommunautaire est à considérer comme une mesure d’effet équivalent à des restrictions quantitatives, interdite par l’article 28 CE (arrêts du 11 juillet 1974, Dassonville, 8/74, Rec. p. 837, point 5, et du 5 février 2004, Commission/Italie, C‑270/02, Rec. p. I‑1559, point 18). | 26. It is also settled case-law that the Explanatory Notes, drawn up by the Commission as regards the CN and by the WCO as regards the HS, are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force (see, inter alia, judgment in TNT Freight Management (Amsterdam) , C‑291/11, EU:C:2012:459, paragraph 32). | 0 |
864,359 | 52
The fact that, as is apparent from Article 7(2) of Directive 2000/78, Member States are not required to maintain or adopt measures such as those provided for under that provision, but have discretion in that regard, does not permit the conclusion that rules adopted by Member States, such as those at issue in the main proceedings, fall outside the scope of EU law (see, by analogy, judgments of 21 December 2011, N. S. and Others, C‑411/10 and C‑493/10, EU:C:2011:865, paragraphs 64 to 69, and of 22 October 2013, Sabou, C‑276/12, EU:C:2013:678, paragraph 26). | 26. Next, as regards the Court’s jurisdiction in this case to interpret Directive 77/799, the fact that the requesting Member State is not bound to submit a request for assistance to another Member State does not mean that the rules relating to the request for information and the use of the information obtained by that Member State can be considered to be outside the scope of European Union law. Where a Member State decides to make use of that assistance, it must comply with the rules laid down in Directive 77/799. It is clear, in particular from the fifth recital in the preamble to that directive, that Member States must respect certain obligations in the context of mutual assistance. | 1 |
864,360 | 180. In so far as the Commission and Vfw dispute the existence of a link between the length of the proceedings and the interests of DSD and thus raise the question whether this plea in law truly concerns a breach of procedure adversely affecting the interests of the appellant within the meaning of the first paragraph of Article 58 of the Statute of the Court of Justice, it must be held that an undertaking which brings proceedings for the annulment of a decision which has obliged it to adapt the standard form of contract which it enters into with its customers will have, on self-evident commercial policy grounds, a clear interest in having a line of argument, by which it submits that that decision is unlawful, adjudicated upon within a reasonable period. The fact that the Court of Justice has, in other cases, examined the question of the length of the proceedings in actions brought against Commission decisions imposing fines for the infringement of competition law (see, inter alia, Baustahlgewebe v Commission , paragraph 21; Case C-194/99 P Thyssen Stahl v Commission [2003] ECR I-10821, paragraph 154; and Sumitomo Metal Industries and Nippon Steel v Commission , paragraph 115), whereas no such fine was imposed on DSD in the present case, is irrelevant in that regard. | 20 UNE DISPOSITION QUI , COMME L ' ARTICLE 53 , PARAGRAPHE 2 , DU SEX DISCRIMINATION ORDER , CONFERE A LA PRESENTATION D ' UN CERTIFICAT TEL QUE CELUI LITIGIEUX EN L ' ESPECE UN EFFET DE PREUVE IRREFRAGABLE QUE LES CONDITIONS D ' UNE DEROGATION AU PRINCIPE D ' EGALITE DE TRAITEMENT SONT REMPLIES PERMET A L ' AUTORITE COMPETENTE DE PRIVER LE PARTICU LIER DE LA POSSIBILITE DE FAIRE VALOIR , PAR VOIE JURIDICTIONNELLE , LES DROITS RECONNUS PAR LA DIRECTIVE . UNE TELLE DISPOSITION EST DONC CONTRAIRE AU PRINCIPE D ' UN CONTROLE JURIDICTIONNEL EFFECTIF CONSACRE PAR L ' ARTICLE 6 DE LA DIRECTIVE .
| 0 |
864,361 | 37. In that regard, first, it should be noted that the provision of insurance constitutes a service within the meaning of Article 50 EC and that Article 49 EC precludes the application of any national legislation which, without objective justification, impedes a provider of services from actually exercising the freedom to provide them (see, to that effect, Case C‑118/96 Safir [1998] ECR I‑1897, paragraph 22; Case C‑136/00 Danner [2002] ECR I‑8147, paragraphs 25 to 27; and Skandia and Ramstedt , paragraphs 22 to 24). | 388. The appellant submits that, unlike Sections B and C of the notice, in order to obtain a reduction under Section D the undertaking concerned is not required to give permanent and total cooperation, but is required merely, before a statement of objections is sent, to provide information, documents or other evidence which materially contribute to establishing the existence of the infringement. | 0 |
864,362 | 35. Thus, when it makes an administrative decision without being required to decide a legal dispute, the referring body cannot be regarded as exercising a judicial function. Such is the case, for example, when it determines an application for registration of a company according to a procedure, the object of which is not the annulment of a measure adversely affecting the applicant (see, Job Centre , paragraph 11, Salzmann , paragraph 15, and Case C‑182/00 Lutz and Others [2002] ECR I‑547, paragraph 14; see, also, to that effect, Case C‑210/06 Cartesio [2008] ECR I‑0000, paragraph 57). | 28 It follows that the Commission was right to consider that the tax concession entailed a transfer of State resources. | 0 |
864,363 | 29
In that context, Article 30 of that regulation defines uniformly and independently the time when a court is to be deemed to be seised for the purposes of the application of Section 9 of Chapter II of that regulation, and in particular Article 27 thereof relating to lis pendens (judgment of 22 October 2015, Aannemingsbedrijf Aertssen and Aertssen Terrassements, C‑523/14, EU:C:2015:722, paragraph 57). By virtue of point 1 of Article 30 thereof, interpretation of which has been requested by the referring court, a court is to be deemed to be seised at the time when the document instituting the proceedings or an equivalent document is lodged with it, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the respondent. | 57. Article 30 of that regulation defines uniformly and independently the time when a court is to be deemed to be seised for the purposes of the application of Section 9 of Chapter II of that regulation, relating to lis pendens . Under Article 30, a court is deemed to be seised either at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have service effected on the defendant, or, if a document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have the document lodged with the court. Two methods of bringing proceedings before national courts or tribunals are envisaged, either by the lodging of the document initiating proceedings at the court or tribunal or by service of that document. | 1 |
864,364 | 35. Finally, where there are several places of delivery of the goods in a single Member State, the Court took the view that the place with the closest linking factor between the contract and the court having jurisdiction is that of the principal delivery, which must be determined on the basis of economic criteria, and that, if it is not possible to determine the place of the principal delivery, each of the places of delivery has a sufficiently close link of proximity to the material elements of the dispute, in which case the applicant may sue the defendant in the court for the place of delivery of his choice ( Color Drack , paragraphs 40 and 42). | 88. Likewise, such an abuse might lie in the imposition of a price which is excessive in relation to the economic value of the service provided ( Kanal 5 and TV 4 , paragraph 28). | 0 |
864,365 | 1 By judgment of 18 December 1996, received at the Court on 13 January 1997, the Raad van State (Council of State), Belgium, referred to the Court under Article 177 of the EC Treaty a question concerning the interpretation of the judgment given by the Court in Case C-389/92 Ballast Nedam Group v Belgian State [1994] ECR I-1289 (hereinafter `BNG I'). | 44. That procedure is initiated by a Member State notifying derogating national provisions to the Commission, followed by a phase during which the Commission carries out an assessment of the facts in the file to determine whether the requisite conditions are fulfilled, and ends with the Commission's decision approving or rejecting those national provisions. To that end, it falls to the Commission to examine whether the grounds put forward by the Member State are well founded. It is not to decide until it has verified that the national provisions are not a means of arbitrary discrimination or a disguised restriction on trade between Member States. | 0 |
864,366 | 112. When that disclosure takes place, the competent Union authority must ensure that that individual is placed in a position in which he may effectively make known his views on the grounds advanced against him (see, to that effect, Case C‑32/95 P Commission v Lisrestal and Others [1996] ECR I‑5373, paragraph 21; Case C‑462/98 P Mediocurso v Commission [2000] ECR I‑7183, paragraph 36, and the judgment of 22 November 2012 in Case C‑277/11 M . [2012] ECR I‑0000, paragraph 87 and case-law cited). | 20 AS ALREADY STATED, THE PURPOSE OF THIS PROVISION IS TO PROMOTE THE FREE MOVEMENT OF WORKERS, BY INSULATING THOSE CONCERNED FROM THE HARMFUL CONSEQUENCES WHICH MIGHT RESULT WHEN THEY TRANSFER THEIR RESIDENCE FROM ONE MEMBER STATE TO ANOTHER . | 0 |
864,367 | 43. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the way same as nationality in the case of individuals, as the connecting factor with the legal system of a Member State. Acceptance of the proposition that the Member State in which a company seeks to establish itself may freely apply different treatment merely by reason of its registered office being situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Case 270/83 Commission v France [1986] ECR 273, paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metallgesellschaft and Others , paragraph 42; and Marks & Spencer , paragraph 37). Freedom of establishment thus aims to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint‑Gobain ZN , paragraph 35). | 60. À cet effet, les propositions de la Commission ne sauraient lier la Cour et ne constituent que des indications (voir, en ce sens, arrêt Commission/République tchèque, précité, point 43). | 0 |
864,368 | 36. The obligation of transparency to be complied with by public authorities concluding service concession contracts consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to allow the service concession to be opened up to competition and the impartiality of the award procedures to be reviewed (see Telaustria and Telefonadress , paragraphs 60 to 62; Parking Brixen , paragraphs 46 to 49; and ANAV , paragraph 21). | 59. À cet égard, il convient, d’abord, de rappeler que, en vertu de la jurisprudence constante de la Cour, dans l’appréciation du respect du principe de proportionnalité dans le domaine de la santé publique, il convient de tenir compte du fait que l’État membre peut décider du niveau auquel il entend assurer la protection de la santé publique et la manière dont ce niveau doit être atteint. Ce niveau pouvant varier d’un État membre à l’autre, il y a lieu de reconnaître aux États membres une marge d’appréciation (voir arrêts du 11 septembre 2008, Commission/Allemagne, C‑141/07, Rec. p. I‑6935, point 51; Apothekerkammer des Saarlandes e.a., précité, point 19, ainsi que Blanco Pérez et Chao Gómez, précité, point 44). | 0 |
864,369 | 27. In that regard, it should be borne in mind that, as is in particular apparent from the third recital in its preamble, Directive 90/435 aims, by introducing a common system of taxation, to eliminate any disadvantage to cooperation between companies of different Member States as compared with cooperation between companies of the same Member State and thereby to facilitate the grouping together of companies at Community level ( Denkavit and Others , paragraph 22; Epson Europe , paragraph 20; Case C‑294/99 Athinaïki Zythopaiia [2001] ECR I‑6797, paragraph 25; Case C‑58/01 Océ van der Grinten [2003] ECR I‑9809, paragraph 45; and Banque Fédérative du Crédit Mutel , paragraph 23). Directive 90/435 thus seeks to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State ( Banque Fédérative du Crédit Mutel , paragraph 24). | 11. The Kingdom of Spain provided the Commission with additional information by letter of 26 March 2010 and by four e-mails of 3 May 2010. | 0 |
864,370 | 12 It must be emphasized that a regulation suspending advance fixing affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension ( judgment of 25 March 1982 in Case 45/81 Alexander Moksel Import-Export GmbH & Co . Handels KG v Commission (( 1982 )) ECR 1129, paragraph 17; judgment of 27 October 1983 in Case 276/82 Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel (( 1983 )) ECR 3331, paragraph 16 ). In the present case, it was not impossible that applications for certificates with advance fixing might be lodged during the period for which advance fixing was suspended . The fear that a further reduction of the aid might take place in August might have prompted producers to lodge applications for advance fixing at the beginning of July . Moreover, if the Commission' s intention had been, as the applicants claim, to preclude the issue only of certificates for which applications were pending, it could have suspended advance fixing merely from the period from 1 to 5 July instead of suspending it from 1 to 7 July, as it did . | 17 AS THE BASIC REGULATION NO 1504/76 CONSTITUTES A MEASURE OF GENERAL APPLICATION AND CONFERS A RIGHT TO ADVANCE FIXING OF REFUNDS IN THE SECTOR IN QUESTION , IT APPEARS THAT SUCH A RIGHT MAY BE TOTALLY SUSPENDED ONLY BY MEANS OF ANOTHER LEGISLATIVE MEASURE . SINCE ARTICLE 1 OF REGULATION NO 3318/80 CONCERNS BOTH EARLIER APPLICATIONS AND THOSE LODGED DURING THE PERIOD OF SUSPENSION , THE NATURE OF THE CONTESTED MEASURE AS A REGULATION IS NOT CALLED IN QUESTION MERELY BY THE FACT THAT IT MAY BE POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF CERTAIN TRADERS CONCERNED , ESPECIALLY WHERE SUCH A POSSIBILITY BY DEFINITION DID NOT EXIST FOR OTHER TRADERS ALSO COVERED BY REGULATION NO 3318/80 . | 1 |
864,371 | 68. In the complete absence of a transfer to the service provider of the risk connected with operating the service, the transaction concerned is a service contract (see, to that effect, Case C‑234/03 Contse and Others [2005] ECR I‑9315, paragraph 22; Case C‑382/05 Commission v Italy , paragraphs 35 to 37; and, by analogy, in relation to a works concession, Case C‑437/07 Commission v Italy , paragraphs 30 and 32 to 35). As was stated in paragraph 51 of this judgment, in the case of a service contract, the consideration does not consist in the right to exploit the service. | 20. In order to answer the questions put by the referring court, it should be borne in mind at the outset that just as it imposes burdens on individuals, European Union law is also intended to give rise to rights which become part of their legal assets. Those rights arise not only where they are expressly granted by the Treaties but also by virtue of obligations which they impose in a clearly defined manner both on individuals and on the Member States and the EU institutions (see, to that effect, Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I‑5357, paragraph 31, and Case C‑453/99 Courage and Crehan [2001] ECR I‑6297, paragraph 19 and the case-law cited). | 0 |
864,372 | 66
Where a claim for damages is brought before the General Court, which has jurisdiction under Article 256(1) TFEU, it must determine such a claim sitting in a different composition from that which heard the dispute giving rise to the procedure whose duration is criticised (judgments of 26 November 2013, Groupe Gascogne v Commission, C‑58/12 P, EU:C:2013:770, paragraph 90, and of 10 July 2014, Telefónica and Telefónica de España v Commission, C‑295/12 P, EU:C:2014:2062, paragraph 67). | 90. It is therefore for the General Court, which has jurisdiction under Article 256(1) TFEU, to determine such claims for damages, sitting in a different composition from that which heard the dispute giving rise to the procedure whose duration is criticised and applying the criteria set out in paragraphs 85 to 89 above. | 1 |
864,373 | 11 Restrictive practices are viewed differently by Community law and national law. Whilst Articles 85 and 86 of the Treaty view them in the light of the obstacles which may result for trade between the Member States, each body of national legislation proceeds on the basis of considerations peculiar to it and considers restrictive practices solely in that context. It follows that the national authorities may also take action regarding situations that are capable of forming the subject-matter of a decision by the Commission (see, to that effect, the judgments in Case 14/68 Wilhelm v Bundeskartellamt [1968] ECR 1 and Joined Cases 253/78 and 1 to 3/79 Procureur de la République v Giry and Guerlain [1980] ECR 2327, paragraphs 15 and 16). | 65 That dual purpose requires the Commission to allow Member States a reasonable period to reply to letters of formal notice and to comply with reasoned opinions, or, where appropriate, to prepare their defence. In order to determine whether the period allowed is reasonable, account must be taken of all the circumstances of the case. Thus, very short periods may be justified in particular circumstances, especially where there is an urgent need to remedy a breach or where the Member State concerned is fully aware of the Commission's views long before the procedure starts (Case C-328/96 Commission v Austria [1999] ECR I-7479, paragraph 51). | 0 |
864,374 | 54. The five-year limitation period referred to in that provision cannot begin to run until all the requirements governing the obligation to provide compensation for damage are satisfied and, in particular, until the damage to be made good has materialised. Therefore, in cases where, as in this instance, the liability of the Community has its origin in a legislative measure, that period of limitation does not begin until the damaging effects of that measure have arisen and, therefore, until the time at which the persons concerned were bound to have suffered certain damage (see, in particular, Joined Cases 256/80, 257/80, 265/80, 267/80 and 5/81 Birra Wührer and Others v Council and Commission [1982] ECR 85, paragraph 10, and Case C-282/05 P Holcim (Deutschland) v Commission [2007] ECR I‑2941, paragraph 29). | 19. In order to answer that question, it must first of all be noted that the third indent of Article 9(2)(e) of the Sixth Directive does not refer to professions, such as those of lawyers, consultants, accountants or engineers, but to services. The European Union legislature has used the professions mentioned in that provision as a means of defining the categories of services to which it refers (Case C‑145/96 von Hoffmann [1997] ECR I‑4857, paragraph 15). | 0 |
864,375 | 105
Next, Article 2(1) of Regulation No 384/96 lays down a basic rule that the determination of a product’s normal value, which constitutes one of the essential steps for proving the existence of any dumping, must normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting countries (see, to this effect, judgment in GLS, C‑338/10, EU:C:2012:158, paragraph 19). | 35. As the Court has already held on the basis of a number of recitals in the preamble to Directive 96/9, including recitals 39, 42 and 48, that objective is to stimulate the establishment of data storage and processing systems which contribute to the development of an information market against a background of exponential growth in the amount of information generated and processed annually in all sectors of activity (see, inter alia, The British Horseracing Board and Others , paragraphs 30 and 31; Case C‑46/02 Fixtures Marketing [2004] ECR I‑10365, paragraph 33; and Case C‑604/10 Football Dataco and Others [2012] ECR I‑0000, paragraph 34). | 0 |
864,376 | 24 Suffice it to observe that under international law a vessel has the nationality of the State in which it is registered and that it is for that State to determine in the exercise of its sovereign powers the conditions for the grant of such nationality (see judgment of 24 November 1992 in Case C-286/90 Poulsen [1992] ECR I-6019, paragraphs 13, 14 and 15). The contested Irish regulations cannot, therefore, be justified on the basis of public international law. | 35. According to the 10th recital thereto, the purpose of the Directive is to develop effective competition in the field of public contracts (see Case C-27/98 Fracasso and Leitschutz [1999] ECR I-5697, paragraph 26; Joined Cases C-285/99 and C‑286/99 Lombardini and Mantovani [2001] ECR I-9233, paragraph 34; and Case C-470/99 Universale-Bau and Others [2002] ECR I-11617, paragraph 89). | 0 |
864,377 | 37
In accordance with the Court’s settled case-law, the subject matter of an action under Article 258 TFEU for failure to fulfil obligations is determined by the Commission’s reasoned opinion, so that the action must be based on the same grounds and pleas as that opinion (see judgments of 8 July 2010, Commission v Portugal, C‑171/08, EU:C:2010:412, paragraph 25, and of 13 February 2014, Commission v Bulgaria, C‑152/12, not published, EU:C:2014:82, paragraph 30). | 13. By resorting to that series of transactions, CML and CARC avoided having to purchase outright the equipment they needed or to pay in a single sum the total amount of non-deductible VAT on those purchases. | 0 |
864,378 | 42. In order to guarantee that protection, the national supervisory authorities must, in particular, ensure a fair balance between, on the one hand, observance of the fundamental right to privacy and, on the other hand, the interests requiring free movement of personal data (see, to this effect, judgments in Commission v Germany , C‑518/07, EU:C:2010:125, paragraph 24, and Commission v Hungary , C‑288/12, EU:C:2014:237, paragraph 51). | 59. It is settled case-law that the perception of the marks in the mind of the average consumer of the category of goods or services in question plays a decisive role in the global assessment of the likelihood of confusion ( Lloyd Schuhfabrik Meyer , paragraph 25, and Case C‑361/04 P Ruiz-Picasso and Others v OHIM [2006] ECR I-643, paragraph 38). | 0 |
864,379 | 85. In order to be able to satisfy the requirement mentioned in the preceding paragraph, a system, such as that at issue in the main proceedings, which combines lump-sum remuneration fixed in advance and proportional remuneration fixed after the fact must contain mechanisms, in particular for reimbursement, which are designed to correct any situation where ‘overcompensation’ occurs to the detriment of particular categories of users (see, by analogy, judgment in Amazon.com International Sales and Others , C‑521/11, EU:C:2013:515, paragraphs 30 and 31). | 116 By the effect of that regulation, the Community thus acquired exclusive competence to contract with non-member countries the obligations relating to CRSs offered for use or used in its territory. | 0 |
864,380 | 33. In accordance with settled case‑law, the rights conferred by Directive 2004/38 on third‑country nationals are not autonomous rights of those third‑country nationals, but derived rights, acquired through their status as family members, as defined in Article 2(2) of that directive, of a Union citizen (see McCarthy , paragraph 42; Dereci and Others , paragraph 55; and Case C‑87/12 Ymeraga and Ymeraga-Tafarshiku [2013] ECR, paragraph 31). | 40 On the other hand, it is not negotiation where one of the parties entrusts to a sub-contractor some of the clerical formalities related to the contract, such as providing information to the other party and receiving and processing applications for subscription to the securities which form the subject-matter of the contract. In such a case, the subcontractor occupies the same position as the party selling the financial product and is not therefore an intermediary who does not occupy the position of one of the parties to the contract, within the meaning of the provision in question. | 0 |
864,381 | 15. In that context, the Court has previously held that Article 3(1) of Council Regulation No 1346/2000 must be interpreted as meaning that the courts of the Member State in the territory of which insolvency proceedings regarding a company’s assets have been opened have jurisdiction, on the basis of that provision, to hear and determine an action brought by the liquidator in the insolvency proceedings against the managing director of that company for reimbursement of payments made after the company became insolvent or after it had been established that the company’s liabilities exceeded its assets (judgment in H , C‑295/13, EU:C:2014:2410, paragraph 26). | 64. It follows that, even if the group prohibition and the prohibition of activities which may adversely affect system operation were not imposed by those directives, the Kingdom of the Netherlands pursued, by introducing those measures, objectives sought by the 2003 Directives. | 0 |
864,382 | 73. In that respect, the Court of Justice has held, in particular, that where a Member State has failed to make a type of transaction subject to VAT, contrary to the requirements of the Sixth VAT Directive, such an infringement is also liable to result in a failure by that Member State to fulfil its obligation to make available to the Commission, as VAT resources, the amounts corresponding to the tax which should have been levied on those transactions (see, in particular, Case C‑276/97 Commission v France [2000] ECR I‑6251, paragraphs 49, 56, 61 and 70; Case C‑358/97 Commission v Ireland [2000] ECR I‑6301, paragraphs 58, 65, 69 and 78; and Case C‑359/97 Commission v United Kingdom [2000] ECR I‑6355, paragraphs 70, 77 and 87). | 87 Having regard to all the foregoing considerations, it must be held that by failing to make available to the Commission as VAT own resources the amounts corresponding to the VAT which should have been levied on tolls collected for the use of toll roads and toll bridges, together with interest for late payment, the United Kingdom has failed to fulfil its obligations under Regulations Nos 1553/89 and 1552/89.
Limitation of the effects of the judgment | 1 |
864,383 | 65. However, as the Court of First Instance rightly observed in paragraph 59 of the judgment under appeal, in order to assess whether the goods and the services are similar or identical, all the relevant factors relating to the link between those goods or those services should be taken into account. Those factors include, inter alia, their nature, their intended purpose, their method of use and whether they are in competition with each other or are complementary (see Canon , paragraph 23, and Case C-416/04 P Sunrider v OHIM [2006] ECR I-4237, paragraph 85). | 10 On the other hand, Article 95 cannot be invoked against internal taxation imposed on imported products where there is no similar or competing domestic production . In particular, it does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products, in the absence of any discriminatory or protective effect . | 0 |
864,384 | 184
Moreover, it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the General Court exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for their infringement of EU law. Accordingly, only where the Court of Justice considers that the level of the penalty is not merely inappropriate, but also excessive to the point of being disproportionate, does it have to find that the General Court erred in law, on account of the inappropriateness of the amount of a fine (see, inter alia, judgment of 30 May 2013, Quinn Barlo and Others v Commission, C‑70/12 P, not published, EU:C:2013:351, paragraph 57 and the case-law cited). | 107 As regards semen and embryos, it is sufficient to recall that when the contested decision was adopted the risk of vertical transmission had not been definitively excluded. | 0 |
864,385 | 22 It should be recalled in that respect that when the Commission requests the Court to declare that a State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement (judgment in Case C-249/88 Commission v Belgium [1991] ECR I-1275, paragraph 6). | 72. The existence of such a possibility seems capable in practice of facilitating the opening of negotiations and the establishment of contractual relationships — in some cases, on a long-term basis — concerning the supply of national electricity by those producers to suppliers or electricity users, the latter being able to obtain, in that way, both the electricity and the green certificates that they need in order to meet their quota obligation. | 0 |
864,386 | 70. It is important to note in that context that it is not necessary for such private financing to be provided mainly by the pupils or their parents. According to consistent case-law, Article 50 EC does not require that the service be paid for by those for whom it is performed (see, in particular, Case 352/85 Bond van Adverteerders and Others [1988] ECR 2085, paragraph 16; Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I-2549, paragraph 56; Smits and Peerbooms , paragraph 57; and Skandia and Ramstedt , paragraph 24). | 16 THE TWO SERVICES IN QUESTION ARE ALSO PROVIDED FOR REMUNERATION WITHIN THE MEANING OF ARTICLE 60 OF THE TREATY . FIRSTLY, THE CABLE NETWORK OPERATORS ARE PAID, IN THE FORM OF THE FEES WHICH THEY CHARGE THEIR SUBSCRIBERS, FOR THE SERVICE WHICH THEY PROVIDE FOR THE BROADCASTERS . IT IS IRRELEVANT THAT THE BROADCASTERS GENERALLY DO NOT THEMSELVES PAY THE CABLE NETWORK OPERATORS FOR RELAYING THEIR PROGRAMMES . ARTICLE 60 DOES NOT REQUIRE THE SERVICE TO BE PAID FOR BY THOSE FOR WHOM IT IS PERFORMED . SECONDLY, THE BROADCASTERS ARE PAID BY THE ADVERTISERS FOR THE SERVICE WHICH THEY PERFORM FOR THEM IN SCHEDULING THEIR ADVERTISEMENTS . | 1 |
864,387 | 31 The provisions relating to the right of establishment cover the taking-up and pursuit of activities (see, in particular, the judgment in Reyners, paragraphs 46 and 47). Membership of a professional body may be a condition of taking up and pursuit of particular activities. It cannot itself be constitutive of establishment. | 35 It is settled law that the Court of First Instance alone has jurisdiction to find the facts, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and also to appraise those facts. The appraisal of the facts therefore does not, save where the clear sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice (see Case C-390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 29). | 0 |
864,388 | 53. The principle that national law must be interpreted in conformity with European Union law none the less requires national courts to do whatever lies within their jurisdiction, taking the whole body of domestic law into consideration and applying the interpretative methods recognised by the latter, with a view to ensuring that the framework agreement in question is fully effective and achieving an outcome consistent with the objective pursued by it (see, by analogy, Adeneler and Others , paragraph 111). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
864,389 | 50. In that regard, admittedly, intermediate measures whose aim is to prepare the final decision do not, in principle, constitute acts which may form the subject-matter of an action for annulment ( IBM v Commission , paragraph 10; Athinaïki Techniki v Commission , paragraph 42; Case C‑362/08 P Internationaler Hilfsfonds v Commission [2010] ECR I‑669, paragraph 52). However, the intermediate acts thus referred to are first acts which express a provisional opinion of the institution (see, to that effect, IBM v Commission , paragraph 20; Joined Cases C‑133/87 and C‑150/87 Nashua Corporation and Others v Commission and Council [1990] ECR I‑719, paragraphs 8 to 10; Case C‑282/95 P Guérin Automobiles v Commission [1997] ECR I‑1503, paragraph 34; Case C‑147/96 Netherlands v Commission [2000] ECR I‑4723, paragraph 35). | 62. It should also be pointed out that the predominant element must be determined from the point of view of the typical consumer (see, to that effect, inter alia, Levob Verzekeringen and OV Bank , paragraph 22, and Everything Everywhere , paragraph 26) and having regard, in an overall assessment, to the qualitative and not merely quantitative importance of the elements of supply of services in relation to the elements of supply of goods. | 0 |
864,390 | 42
In order to determine whether a decision such as that at issue in the main proceedings constitutes a decision finally disposing of the case against a person for the purposes of Article 54 of the CISA, it is necessary, in the second place, to be satisfied that that decision was given after a determination had been made as to the merits of the case (see, to that effect, judgments of 10 March 2005 in Miraglia, C‑469/03, EU:C:2005:156, paragraph 30, and 5 June 2014 in M, C‑398/12, EU:C:2014:1057, paragraph 28). | 46 Accordingly, the scope of the directive cannot, as the United Kingdom contends, be limited to undertakings which operate with a view to profit. | 0 |
864,391 | 30 The concept of aid is wider than that of a subsidy because it embraces not only positive benefits, such as subsidies themselves, but also measures which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which, without therefore being subsidies in the strict meaning of the word, are similar in character and have the same effect (see, for example, Case 30/59 De Gezamenlijke Steenkolenmijnen in Limburg v High Authority [1961] ECR 1, 19, and Case C-200/97 Ecotrade v Altiforni e Ferriere di Servola [1998] ECR I-7907, paragraph 34). | 51. It is a feature of such use not only that no rent is paid but also that there is no genuine agreement on the duration of the right of enjoyment or the right of occupation of the dwelling, or to exclude third parties. | 0 |
864,392 | 48. Again relying on the established case-law of the Court of Justice, the General Court noted, in paragraph 47 of the order under appeal, that where the liability of the Community has its origin in a legislative measure, the limitation period does not begin until the damaging effects of that measure have arisen (see Birra Wührer and Others v Council and Commission , paragraph 10; Case C-282/05 P Holcim (Deutschland) v Commission , paragraph 29) and that, similarly, in disputes arising from individual measures, the limitation period does not begin until the damage has actually materialised (Case C-282/05 P Holcim (Deutschland) v Commission , paragraph 30; Transports Schiocchet – Excursions v Commission , paragraph 33; and Evropaïki Dynamiki v Commission , paragraph 38). | 44. Community law does not therefore, in principle, preclude a Member State from prohibiting, save for prior authorisation, the marketing of foodstuffs incorporating nutrients, such as vitamins or minerals other than those whose use is lawful under Community legislation. | 0 |
864,393 | 17. In this context, it must be noted that it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or the definition of the factual context. The Court must take account, under the division of jurisdiction between the Community Courts 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, in particular, Case C‑475/99 Ambulanz Glöckner [2001] ECR I‑8089, paragraph 10; Case C‑136/03 Dörr and Ünal [2005] ECR I‑4759, paragraph 46; and Case C-244/06 Dynamic Medien [2008] ECR I-0000, paragraph 19). | 14 AS FOR THE EXPORTATION OF THOSE PRODUCTS TO FRANCE , THAT IS CLEARLY A COMMERCIAL ACTIVITY WHICH CAN BE CARRIED ON AT ANY TIME BY ANY UNDERTAKING WHATEVER . IT FOLLOWS THAT THE DECISION AT ISSUE CONCERNS THE APPLICANTS IN THE SAME WAY AS ANY OTHER TRADER ACTUALLY OR POTENTIALLY FINDING HIMSELF IN THE SAME POSITION . THE MERE FACT THAT THE APPLICANTS EXPORT GOODS TO FRANCE IS NOT THEREFORE SUFFICIENT TO ESTABLISH THAT THEY ARE INDIVIDUALLY CONCERNED BY THE CONTESTED DECISION .
| 0 |
864,394 | 23 It should be observed that Article 90(3) of the Treaty requires the Commission to ensure that Member States comply with their obligations as regards the undertakings referred to in Article 90(1) and expressly empowers it to take action for that purpose by way of directives and decisions (judgment in Netherlands and Others v Commission, cited above, paragraph 25). The Commission is empowered to determine that a given State measure is incompatible with the rules of the Treaty and to indicate what measures the State to which a decision is addressed must adopt in order to comply with its obligations under Community law (judgment in Netherlands and Others v Commission, cited above, paragraph 28). | 20 It must nevertheless be borne in mind that, for the purposes of the legal characterization of a charge levied on domestic and imported products in accordance with identical criteria, it may be necessary to take into account the purpose for which the revenue from the charge is applied. | 0 |
864,395 | 18. As regards the latter principle, the Court has recognised that it is compatible with Community law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty, which protects both the taxpayer and the administration concerned ( Edis , paragraph 35). | 69. The financial corrections which may be adopted by the Commission are now subject to rules that are common to those three Funds; these are set out in Articles 99 to 102 of that regulation. | 0 |
864,396 | 63. This distinction between the rules governing the obligation to establish the Communities’ entitlement to own resources and those pertaining to the possibility for Member States to recover duties has already been upheld by the Court in Case C‑61/98 De Haan [1999] ECR I‑5003. Whilst failure by the national customs authorities to observe the time‑limits imposed by the Community customs legislation may result in the Member State concerned paying default interest to the Communities, in the context of making available own resources, such failure does not have any bearing on the fact that the customs debt is payable or the authorities’ right to proceed with post-clearance recovery within the three years provided for by Article 221(3) of the Customs Code, as evidenced by paragraph 34 of De Haan , cited above. Likewise, although an error committed by the customs authorities of a Member State results in the debtor not having to pay the duties in question, it does not affect that Member State’s obligation to pay default interest and duties which should have been established, in the context of making available own resources. | 25 Similarly, Directive 77/187 must be capable of applying where, as in these cases before the national courts, an undertaking which used to have recourse to another undertaking for the cleaning of its premises or part of them decides to terminate its contract with that other undertaking and in future to carry out that work itself. | 0 |
864,397 | 24 That conclusion cannot in any way be affected by the mere fact that extending entitlement to exemption from prescription charges to men who have reached the age of 60 would increase the financial burden borne by the State in the funding of its national health system. It is settled law that, in exercising their powers under Articles 117 and 118 of the EC Treaty to define their social policy in the framework of the close cooperation to be promoted by the Commission, the Member States are at liberty to define the nature and extent of measures of social protection, including those relating to social security, and the way in which they are implemented; they may also take measures, in order to control their social expenditure, which have the effect of withdrawing social security benefits from certain categories of persons, provided that those measures are compatible with the principle of equal treatment between men and women (judgment in Case C-343/92 De Weerd and Others [1994] ECR I-571, at paragraphs 28, 29 and 37). | 39. However, each of the grounds for refusal listed in Article 7(1) of Regulation No 40/94 is independent of the others and calls for separate examination (see, in particular, Henkel v OHIM , paragraph 45, and the case‑law there cited). | 0 |
864,398 | 29. That interpretation is also obvious in the light of the history of that provision, which demonstrates a continuing intention on the part of the Community legislature to authorise only the exclusion of certain goods or services from the deduction system, and not to authorise general exclusions from that system (see, to that effect, Case C‑305/97 Royscot and Others [1999] ECR I‑6671, paragraph 22, and Case C‑434/03 Charles and Charles-Tijmens [2005] ECR I‑7037, paragraphs 32 and 35). | 30. Thus, expenses occasioned by the activity in question are directly linked to that activity and are accordingly necessary in order to carry out that activity (see, to that effect, judgments in Gerritse , C‑234/01, EU:C:2003:340, paragraphs 9 and 27, and Centro Equestre da Lezíria Grande , C‑345/04, EU:C:2007:96, paragraph 25). | 0 |
864,399 | 51. As regards, first, the setting up of such a council, the central management must, in accordance with Article 4(1) of the Directive, create the conditions and means necessary for the setting up of such a council. That responsibility includes an obligation to supply the employees’ representatives with the information essential to the opening of negotiations for establishing a European Works Council (see Kühne & Nagel , paragraphs 49 and 51). | 8 In the decision, the Commission reaches the conclusion that the aid in question is illegal because the procedure in Article 93(3 ) was not complied with . In substantive terms, it is also incompatible with the common market under Article 92(1 ) and does not fall within any of the exceptions provided for in Article 92(3 ). On those two grounds, the Commission ordered the Belgian State to recover the aid, allowing the latter a period of two months to notify it of the measures taken . | 0 |
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