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864,600 | 46
As regards, in the second place, the subjective element referred to in paragraph 34 above, the Court notes, as a preliminary point, that it is relevant to search for such a subjective element, in the case in the main proceedings, only in the event that the referring court were to find that the mechanism at issue in the main proceedings compromises the objectives pursued by Regulation No 565/2002, the finding of abusive practice requiring the combination of both objective and subjective elements (see, to that effect, judgment in SICES and Others, C‑155/13, EU:C:2014:145, paragraphs 31 to 33). | 48. Or, un recours en annulation introduit devant le Tribunal contre une décision ordonnant la récupération d’une aide n’a pas d’effet suspensif sur l’obligation d’exécuter cette décision (voir arrêt du 6 décembre 2007, Commission/Italie, C‑280/05, point 21). Il en va de même lorsque l’arrêt du Tribunal, prononcé dans le cadre de ce recours, fait l’objet d’un pourvoi devant la Cour. | 0 |
864,601 | 42. Although in Bachmann and Commission v Belgium , since the taxpayer was one and the same person, there was a direct link between deductibility of pension and life assurance contributions and taxation of the sums received under those insurance contracts and preservation of that link was necessary to safeguard the coherence of the relevant tax system, there is no such direct link where, as in the present case, the subsidiary of a non-resident parent company suffers less favourable tax treatment and the German Government has not pointed to any tax advantage to offset such treatment (see, to that effect, Wielockx , paragraph 24; Case C-484/93 Svensson and Gustavsson [1995] ECR I- 3955, paragraph 18; Eurowings Luftverkehr , paragraph 42; Verkooijen , paragraphs 56 to 58, and Baars , paragraph 40). | 53. Moreover, the Court has held that the purpose of Directive 85/337 cannot be circumvented by the splitting of projects and that the failure to take account of the cumulative effect of several projects must not mean in practice that they all cease to be covered by the obligation to carry out an assessment, when, taken together, they are likely to have ‘significant effects on the environment’ within the meaning of Article 2(1) of Directive 85/337 (see, to that effect, Ecologistas en Acción-CODA , paragraph 44). | 0 |
864,602 | 53. It follows from Article 7(1) and (4) of Directive 89/398, interpreted in keeping with the fourth recital in the preamble thereto, that labelling requirements such as those laid down by Regulation No 1139/98 apply in principle to foodstuffs intended for particular nutritional uses within the scope of the directive, namely those which are intended to meet a particular nutritional purpose in respect of certain categories of persons, unless it is necessary to provide for a derogation from those requirements in order to ensure that the particular nutritional purpose in question is attained (see, to that effect, Case C‑101/98 UDL [1999] ECR I-8841, paragraphs 15 and 18). | 34
However, the fact remains that the principle that national law must be interpreted in conformity with EU law 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 it, with a view to ensuring that the framework decision in question is fully effective and to achieving an outcome consistent with the objective pursued by it (judgment of 5 September 2012, Lopes Da Silva Jorge, C‑42/11, EU:C:2012:517, paragraph 56 and the case-law cited). | 0 |
864,603 | 45. It is settled case-law that Article 39 EC prohibits not only all discrimination, direct or indirect, based on nationality, but also national rules which are applicable irrespective of the nationality of the workers concerned but impede their freedom of movement ( Graf , paragraph 18, and Weigel , paragraphs 50 and 51). | 18 Second, it is clear from the Court's case-law, in particular from the judgment in Bosman, cited above, that Article 48 of the Treaty prohibits not only all discrimination, direct or indirect, based on nationality but also national rules which are applicable irrespective of the nationality of the workers concerned but impede their freedom of movement. | 1 |
864,604 | 29 The situations falling within the scope of Community law include those involving the exercise of the fundamental freedoms guaranteed by the Treaty, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 8a of the EC Treaty (now, after amendment, Article 18 EC) (Case C-274/96 Bickel and Franz [1998] ECR I-7637, paragraphs 15 and 16, and Grzelczyk, paragraph 33). | 29 It would be otherwise if that rule were withdrawn from the domestic legal system by a decision subsequent to the date of accession but with retroactive effect from before that date, thereby eliminating the provision in question as regards the past. | 0 |
864,605 | 26 The question of the need for a preliminary ruling to enable the national court to give judgment in the main proceedings is for that court to decide. According to settled case-law, where the questions referred concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see, in particular, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-340/99 TNT Traco [2001] ECR I-4109, paragraph 30; and Case C-472/99 Clean Car Autoservice [2001] ECR I-9687, paragraph 13). None of the exceptions to the rule identified in that case-law applies to this case. In particular, it is not obvious that the interpretation of Community law sought bears no relation to the actual facts of the main action or its subject-matter. | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
864,606 | 39. It must be recalled in this regard that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. The Court has a duty to interpret all provisions of European Union law which national courts require in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (see, to that effect, inter alia, Case C‑45/06 Campina [2007] ECR I‑2089, paragraphs 30 and 31; Joined Cases C‑329/06 and C‑343/06 Wiedemann and Funk [2008] ECR I‑4635, paragraph 45; and Case C‑66/09 Kirin Amgen [2010] ECR I‑0000, paragraph 27). | 50. The term ‘paid annual leave’ in that provision means that, for the duration of annual leave within the meaning of the directive, remuneration must be maintained. In other words, workers must receive their normal remuneration for that period of rest. | 0 |
864,607 | 77. Acknowledgment that a Member State is entitled to rely on its national provisions in order to refuse indefinitely to recognise a driving licence issued in another Member State would be fundamentally incompatible with the principle of mutual recognition of driving licences which is the linchpin of the system established by Directive 2006/126 (see, to that effect, judgment in Kapper , C‑476/01, EU:C:2004:261, paragraph 77; order in Kremer , C‑340/05, EU:C:2006:620, paragraph 30; and judgments in Akyüz , C‑467/10, EU:C:2012:112, paragraph 57, and Hofmann , C‑419/10, EU:C:2012:240, paragraph 78). | 53. En cas de décision constatant le caractère illégal et incompatible d’une aide, la récupération de celle-ci, ordonnée par la Commission, a lieu dans les conditions prévues à l’article 14, paragraphe 3, du règlement n° 659/1999 (arrêt Commission/Italie, EU:C:2013:832, point 27 et jurisprudence citée). | 0 |
864,608 | 24 Similarly, the fact that the service or contract in question has been contracted out or awarded by a public body cannot exclude application of Directive 77/187 if neither the activity of providing a home-help service to persons in need nor the activity of providing surveillance involves the exercise of public authority (see, to this effect, Case C-298/94 Henke [1996] ECR I-4989). Furthermore, Directive 77/187 covers any person who is protected as an employee under national labour law (see Case 105/84 Danmols Inventar [1985] ECR 2639, paragraph 27, and Redmond Stichting, cited above, paragraph 18) and it is not contested that such is the case with the employees concerned in these cases. | 12 IT MUST THEREFORE BE FOUND THAT SITUATIONS INVOLVING DISCRIMINATION RESULTING FROM THE APPLICATION OF SUCH A SYSTEM ARE NOT SUBJECT TO THE REQUIREMENTS OF ARTICLE 119 OF THE TREATY . | 0 |
864,609 | 41. The existence of such a link must be assessed globally, taking into account all factors relevant to the circumstances of the case (see, in respect of Article 5(2) of the Directive, Adidas-Salomon and Adidas Benelux , paragraph 30, and adidas and adidas Benelux , paragraph 42). | 53. It is important to add that taxable persons are generally free to choose the organisational structures and the form of transactions which they consider to be most appropriate for their economic activities and for the purposes of limiting their tax burdens. | 0 |
864,610 | 49. Certes, ainsi que la République hellénique l’a fait valoir à juste titre, ce critère ne saurait avoir un caractère exclusif, puisque les pensions versées par des régimes légaux de sécurité sociale peuvent, en tout ou en partie, tenir compte de la rémunération d’activité (arrêts précités Beune, point 44; Griesmar, point 29, et Niemi, point 46). | 62. The same requirement of accompanying or joining the Union citizen is furthermore repeated in Articles 6(2) and 7(2) of Directive 2004/38 in connection with the extension of the citizen’s right of residence to his family members who are not nationals of a Member State, and also in Article 10(2)(c) in connection with the issue of the residence card provided for by that directive. | 0 |
864,611 | 24 Similarly, the fact that the service or contract in question has been contracted out or awarded by a public body cannot exclude application of Directive 77/187 if neither the activity of providing a home-help service to persons in need nor the activity of providing surveillance involves the exercise of public authority (see, to this effect, Case C-298/94 Henke [1996] ECR I-4989). Furthermore, Directive 77/187 covers any person who is protected as an employee under national labour law (see Case 105/84 Danmols Inventar [1985] ECR 2639, paragraph 27, and Redmond Stichting, cited above, paragraph 18) and it is not contested that such is the case with the employees concerned in these cases. | 63. À cet égard, il suffit de constater que, comme l’a relevé M. l’avocat général aux points 103 et 104 de ses conclusions, l’argument en question figurait, ne fût-ce que sous une forme embryonnaire, dans les développements de la requête consacrés au détournement de pouvoir ainsi qu’à une violation du principe de proportionnalité et de l’obligation de motivation. Or, il résulte de la jurisprudence qu’un moyen qui constitue une amplification d’un moyen énoncé antérieurement, directement ou implicitement, dans la requête introductive d’instance doit être considéré comme recevable (voir, en ce sens, arrêts du 19 mai 1983, Verros/Parlement, 306/81, Rec. p. 1755, point 9, et du 26 avril 2007, Alcon/OHMI, C‑412/05 P, Rec. p. I‑3569, points 38 à 40). | 0 |
864,612 | 39. In addition, as the Court has repeatedly held in situations of discrimination contrary to Community law, for as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category. In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category (Case C‑408/92 Avdel Systems [1994] ECR I‑4435, paragraphs 16 and 17; Case C‑442/00 Rodríguez Caballero [2002] ECR I‑11915, paragraphs 42 and 43, and Case C‑81/05 Cordero Alonso [2006] ECR I‑7569, paragraphs 45 and 46). | 46. In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by other workers ( Rodríguez Caballero , paragraph 43, and the case-law cited). That obligation persists regardless of whether or not the national court has been granted competence under national law to do so. | 1 |
864,613 | 70 Therefore, in accordance with equally settled case-law, it is necessary to assess whether, in similar circumstances, a private investor of a dimension comparable to that of the bodies managing the public sector could have been prevailed upon to make capital contributions of the same size (Case C-261/89 Italy v Commission [1991] ECR I-4437, paragraph 8; Joined Cases C-278/92 to C-280/92 Spain v Commission, cited above, paragraph 21; Case C-42/93 Spain v Commission [1994] ECR I-4175, paragraph 13), having regard in particular to the information available and foreseeable developments at the date of those contributions. | 75. Nevertheless, Beaudout argues that the introduction of a mechanism authorising exemptions from affiliation would not endanger the financial balance of the body which manages the scheme at issue in the main proceedings. | 0 |
864,614 | 41. In particular, such an undertaking may demonstrate, for that purpose, either that its conduct is objectively necessary (see, to that effect, Case 311/84 CBEM [1985] ECR 3261, paragraph 27), or that the exclusionary effect produced may be counterbalanced, outweighed even, by advantages in terms of efficiency that also benefit consumers (Case C‑95/04 P British Airways v Commission [2007] ECR I‑2331, paragraph 86, and TeliaSonera Sverige , paragraph 76). | 67. Accordingly, a violation of the right to freedom of religion may constitute persecution within the meaning of Article 9(1)(a) of the Directive where an applicant for asylum, as a result of exercising that freedom in his country of origin, runs a genuine risk of, inter alia, being prosecuted or subject to inhuman or degrading treatment or punishment by one of the actors referred to in Article 6 of the Directive. | 0 |
864,615 | 61. In that connection, the Court has consistently held that, except in an action for a declaration of a failure to fulfil obligations, it is not for the Court to rule on the compatibility of a national provision with European Union law. That competence belongs to the national courts, if necessary, after obtaining from the Court, by way of a reference for a preliminary ruling, such clarification as may be necessary on the scope and interpretation of that law (see Case C-347/87 Triveneta Zuccheri and Others v Commission [1990] ECR I-1083, paragraph 16). | 32
The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures neutrality of taxation of all economic activities, whatever the purpose or results of those activities, provided that they are themselves subject to VAT (judgment of 6 December 2012 in Bonik, C‑285/11, EU:C:2012:774, paragraph 27). | 0 |
864,616 | 41. It should be noted that, although the grounds set out in Article 4(4) of Directive 2008/95 are listed as an option by the European Union legislature, the fact remains that a Member State’s latitude is limited to providing or not providing for that ground, as specifically delimited by the legislature, in its national law (see, by analogy, as regards Article 5(2) of Directive 89/104, Adidas-Salomon and Adidas Benelux , paragraphs 18 to 20). | 34 On that point, it should be recalled that the Court has consistently held that social measures cannot be regarded as exempt from the application of the rules of Community law solely because they have been adopted for reasons of demographic policy (Case 65/81 Reina [1982] ECR 33, paragraph 15). | 0 |
864,617 | 28. In order for a restriction on the freedom of establishment to be justified on the ground of prevention of abusive practices, the specific objective of such a restriction must be to prevent conduct involving the creation of wholly artificial arrangements which do not reflect economic reality, with a view to escaping the tax normally due on the profits generated by activities carried out on national territory ( Test Claimants in the Thin Cap Group Litigation , paragraph 74 and the case‑law cited). | 74. In order for a restriction on the freedom of establishment to be justified on the ground of prevention of abusive practices, the specific objective of such a restriction must be to prevent conduct involving the creation of wholly artificial arrangements which do not reflect economic reality, with a view to escaping the tax normally due on the profits generated by activities carried out on national territory ( Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 55). | 1 |
864,618 | 54. Moreover, the Court of First Instance did not commit an error of law in holding that it was not for it to substitute its assessment for that of the persons responsible for appraising the applicant’s work (Case 29/70 Marcato v Commission [1971] ECR 243, paragraph 7, and Case 207/81 Ditterich v Commission [1983] ECR 1359, paragraph 13). | 36. Accordingly, any failure by the service provider to meet the requirement stated in Article 22(1) of the Sixth Directive cannot call in question the right of deduction to which the recipient of those services is entitled under Article 17(2) of that directive. | 0 |
864,619 | 35. The Court has recognised that it may be legitimate for a Member State, in order to ensure that the grant of assistance to cover the maintenance costs of students from other Member States does not become an unreasonable burden which could have consequences for the overall level of assistance which may be granted by that State, to grant such assistance only to students who have demonstrated a certain degree of integration into the society of that State, and if a risk exists of such an unreasonable burden, theoretically, similar considerations may apply as regards the award by a Member State of education or training grants to students wishing to study in other Member States (Case C‑209/03 Bidar [2005] ECR I‑2119, paragraphs 56 and 57; Morgan and Bucher , paragraphs 43 and 44; and Prinz and Seeberger , paragraph 36). | 159. On the other hand, if an undertaking has directly taken part in one or more of the forms of anti-competitive conduct comprising a single and continuous infringement, but it has not been shown that that undertaking intended, through its own conduct, to contribute to all the common objectives pursued by the other participants in the cartel and that it was aware of all the other offending conduct planned or put into effect by those other participants in pursuit of the same objectives, or that it could reasonably have foreseen all that conduct and was prepared to take the risk, the Commission is entitled to attribute to that undertaking liability only for the conduct in which it had participated directly and for the conduct planned or put into effect by the other participants, in pursuit of the same objectives as those pursued by the undertaking itself, where it has been shown that the undertaking was aware of that conduct or was able reasonably to foresee it and prepared to take the risk (judgment in Commission v Verhuizingen Coppens , C‑441/11 P, EU:C:2012:778, paragraph 44). | 0 |
864,620 | 38. It must also be noted that, in the absence of any unifying or harmonising measures at European Union level, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation (Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 57; Amurta , paragraph 17; and Commission v Italy , paragraph 29). | 29. Furthermore, it is not disputed that the purpose of the entitlement to paid annual leave is to enable the worker to rest from carrying out the work he is required to do under his contract of employment (judgment in KHS , C‑214/10, EU:C:2011:761, paragraph 31). Consequently, the entitlement to paid annual leave accrues and must be calculated with regard to the work pattern specified in the contract. | 0 |
864,621 | 51. La Cour a souligné que le législateur communautaire, lorsqu’il établit des règles relatives au transfert, au régime communautaire, des droits à pension acquis dans un système national par des fonctionnaires communautaires, se trouve dans l’obligation de respecter le principe d’égalité de traitement. Il doit, en conséquence, éviter d’édicter des règles traitant les fonctionnaires de manière inégale, à moins que la situation des intéressés, au moment de leur entrée au service des Communautés, ne justifie des différences de traitement en raison des caractéristiques particulières du régime des droits à pension qui ont été acquis ou de l’absence de tels droits (voir, en ce qui concerne le principe d’égalité de traitement, arrêt du 14 juin 1990, Weiser, C‑37/89, Rec. p. I‑2395, point 14). | 126. Quant à l’argument tiré de l’appréciation des éléments de preuve, c’est à bon droit que le Tribunal a constaté, au point 154 de l’arrêt attaqué, que les documents produits par Ferriere pour la première fois avec la réplique, qui n’ont par conséquent pas été communiqués à la Commission au cours de la procédure administrative, ne sauraient avoir d’incidence sur la légalité de la décision litigieuse (voir, en ce sens, arrêt du 10 juillet 1986, Belgique/Commission, 234/84, Rec. p. 2263, point 16). | 0 |
864,622 | 29. It is settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedom of establishment must be regarded as restrictions of that freedom (see, inter alia, Case C‑79/01 Payroll and Others [2002] ECR I‑8923, paragraph 26; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; and Case C‑157/07 Krankenheim Ruhesitz am Wannsee‑Seniorenheimstatt [2008] ECR I‑0000, paragraph 30). | 79. Or, il résulte de la jurisprudence de la Cour qu’un État membre ne saurait être tenu de prendre en considération, aux fins de l’application de sa propre législation fiscale, les conséquences éventuellement défavorables découlant des particularités d’une réglementation d’un autre État membre applicable à un immeuble situé sur le territoire de ce dernier État et appartenant à un contribuable résidant sur le territoire du premier État (voir, par analogie, arrêts du 6 décembre 2007, Columbus Container Services, C‑298/05, Rec. p. I‑10451, point 51; du 28 février 2008, Deutsche Shell, C‑293/06, Rec. p. I‑1129, point 42, et Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 49). | 0 |
864,623 | 17. On this point, the Court has also stated on numerous occasions that a benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and provided that it relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, inter alia, Hoeckx , paragraphs 12 to 14; Commission v Luxembourg , paragraph 29, and Celozzi , paragraph 17). | 40. It follows that, even if the dividends received by the parent company are not subject to corporation tax for the tax year in the course of which those dividends were distributed, that reduction of losses of the parent company may have the effect that the parent company is subject indirectly to taxation on those dividends in subsequent tax years when its results are positive. | 0 |
864,624 | 31. It is clear from paragraph 15 of the judgment in Case C‑391/92 Commission v Greece [1995] ECR I-1621 that rules which restrict the marketing of products to certain points of sale, and which have the effect of limiting the commercial freedom of economic operators, without affecting the actual characteristics of the products referred to, constitute a selling arrangement for the purposes of the case-law cited in paragraph 29 of this judgment. Therefore, the need to adapt the products in question to the rules in force in the Member State in which they are marketed prevents the abovementioned requirements from being treated as selling arrangements (see Canal Satélite Digital , paragraph 30). That is the case, inter alia, with regard to the need to alter the labelling of imported products (see, inter alia, Case C‑33/97 Colim [1999] ECR I‑3175, paragraph 37, and Case C‑416/00 Morellato [2003] ECR I‑9343, paragraphs 29 and 30). | 17 SECONDLY , THE FRANCHISOR MUST BE ABLE TO TAKE THE MEASURES NECESSARY FOR MAINTAINING THE IDENTITY AND REPUTATION OF THE NETWORK BEARING HIS BUSINESS NAME OR SYMBOL . IT FOLLOWS THAT PROVISIONS WHICH ESTABLISH THE MEANS OF CONTROL NECESSARY FOR THAT PURPOSE DO NOT CONSTITUTE RESTRICTIONS ON COMPETITION FOR THE PURPOSES OF ARTICLE 85 ( 1 ).
| 0 |
864,625 | 59. As regards Article 12(b) of Regulation No 40/94, the Court has had occasion to point out that the rule set out in that provision does not have a decisive bearing on the interpretation of the rule set out in Article 7(1)(c) of that regulation (see, with regard to the identical provision laid down in Article 6 of Directive 89/104, Windsurfing Chiemsee , paragraph 28). | 28 In addition, Article 6(1)(b) of the Directive, to which the national court refers in its questions, does not run counter to what has been stated as to the objective of Article 3(1)(c), nor does it have a decisive bearing on the interpretation of that provision. Indeed, Article 6(1)(b), which aims, inter alia, to resolve the problems posed by registration of a mark consisting wholly or partly of a geographical name, does not confer on third parties the right to use the name as a trade mark but merely guarantees their right to use it descriptively, that is to say, as an indication of geographical origin, provided that it is used in accordance with honest practices in industrial and commercial matters. | 1 |
864,626 | 65. In the procedural area, the Court of Justice has expressly recognised the general principle of Community law that everyone is entitled to a fair legal process (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraphs 20 and 21; Joined Cases C-174/98 P and C-189/98 P Netherlands and Van der Wal v Commission [2000] ECR I-1, paragraph 17; and Krombach , paragraph 26). That principle is inspired by the fundamental rights which form an integral part of the general principles of Community law which the Court of Justice enforces, drawing inspiration from the constitutional traditions common to the Member States and from the guidelines supplied, in particular, by the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950. | 99. The provision in question must therefore be construed by reference to the purpose and general scheme of the rules of which it forms part (see, to that effect, in particular, Case C-257/00 Givane and Others [2003] ECR I-345, paragraph 37). | 0 |
864,627 | 47. It is to be noted at the outset that, according to settled case-law, the principle of effective judicial protection is a general principle of Community law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the ECHR and which has also been reaffirmed by Article 47 of the Charter of fundamental rights of the European Union, proclaimed on 7 December 2000 in Nice (OJ 2000 C 364, p. 1) (see, in particular, Case C‑432/05 Unibet [2007] ECR I‑2271, paragraph 37, and Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑0000, paragraph 335). | 63. Il convient de rappeler que le principe d’égalité de traitement ou de non‑discrimination exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale, à moins qu’un tel traitement ne soit objectivement justifié (arrêts du 10 janvier 2006, IATA et ELFAA, C‑344/04, Rec. p. I‑403, point 95, et du 12 septembre 2006, Eman et Sevinger, C‑300/04, Rec. p. I‑8055, point 57). | 0 |
864,628 | 41. On that point, it is common ground that protection of the environment constitutes one of the essential objectives of the Community (see Case 240/83 ADBHU [1985] ECR 531, paragraph 13, Case 302/86 Commission v Denmark [1988] ECR 4607, paragraph 8, Case C‑213/96 Outokumpu [1998] ECR I‑1777, paragraph 32). In that regard, Article 2 EC states that the Community has as its task to promote ‘a high level of protection and improvement of the quality of the environment’ and, to that end, Article 3(1)(l) EC provides for the establishment of a ‘policy in the sphere of the environment’. | 33. However, Article 14 of Directive 1999/31 makes ‘landfills which have been granted a permit, or which are already in operation at the time of [its] transposition …’, which must be effected by 16 July 2001 at the latest, subject to a transitional derogating system. | 0 |
864,629 | 37. According to settled case-law of the Court, the right of action available to the Member States, Parliament, the Council and the Commission, provided for in the second paragraph of Article 263 TFEU, is not conditional on proof of an interest in bringing proceedings (see, to that effect, Italy v Council , paragraph 6; Commission v Council , paragraph 3; Case C-378/00 Commission v Parliament and Council [2003] ECR I-937, paragraph 28; Case C-370/07 Commission v Council [2009] ECR I-8917, paragraph 16; and Joined Cases C-463/10 P and C-475/10 P Deutsche Post and Germany v Commission [2011] ECR I-9639, paragraph 36). | 40. Therefore, it is not appropriate to limit the scope of Article 7(1)(b) of Regulation No 40/94 to trade marks for which registration is refused on the basis of Article 7(1)(d) thereof by reason of the fact that they are commonly used in business communications and, in particular, in advertising. | 0 |
864,630 | 18. Whilst the provisions of the FEU Treaty concerning freedom of establishment are directed to ensuring that foreign nationals and companies are treated in the host Member State in the same way as nationals of that State, they also prohibit the Member State of origin from hindering the establishment in another Member State of a company incorporated under its legislation, in particular through a permanent establishment (see, to this effect, the judgment in Lidl Belgium , C‑414/06, EU:C:2008:278, paragraphs 19 and 20). | 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 |
864,631 | 19. Thus, an interpretation, by the Court, of provisions of EU law in purely internal situations is warranted on the ground that they have been made applicable by national law directly and unconditionally (see, to that effect, Case C‑346/93 Kleinwort Benson [1995] ECR I‑615, paragraph 16, and Case C‑280/06 ETI and Others [2007] ECR I‑10893, paragraph 25), in order to ensure that internal situations and situations governed by EU law are treated in the same way (see, to that effect, Poseidon Chartering , paragraph 17, and Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 22). | 64. However, where the institution concerned refuses access to a document the disclosure of which would undermine one of the interests protected by Article 4(1)(a) of Regulation No 1049/2001, that institution remains obliged, as noted in paragraph 52 of the present judgment, to explain how disclosure of that document could specifically and actually undermine the interest protected by an exception provided for in that provision, and the risk of the interest being undermined must be reasonably foreseeable and must not be purely hypothetical. | 0 |
864,632 | 91. As regards the level of protection of fundamental rights and freedoms that is guaranteed within the European Union, EU legislation involving interference with the fundamental rights guaranteed by Articles 7 and 8 of the Charter must, according to the Court’s settled case-law, lay down clear and precise rules governing the scope and application of a measure and imposing minimum safeguards, so that the persons whose personal data is concerned have sufficient guarantees enabling their data to be effectively protected against the risk of abuse and against any unlawful access and use of that data. The need for such safeguards is all the greater where personal data is subjected to automatic processing and where there is a significant risk of unlawful access to that data (judgment in Digital Rights Ireland and Others , C‑293/12 and C‑594/12, EU:C:2014:238, paragraphs 54 and 55 and the case-law cited). | 19 It is important to note that there are two directly competing medicine distribution channels in France, that of the wholesale distributors and that of the pharmaceutical laboratories which sell directly to pharmacies. Furthermore, it is common ground that a particular objective of the tax on direct sales is to restore the balance of competition between the two medicine distribution channels, which, according to the French legislature, had been distorted by the imposition of public service obligations on wholesale distributors alone. It is also common ground that, following the introduction of Law No 97-1164 and the direct sales tax, not only did the growth of direct sales recorded in the immediately preceding years cease, but the trend even reversed, with wholesale distributors recovering market share. | 0 |
864,633 | 57 In that regard, even if the Community had first created a situation capable of giving rise to legitimate expectations, an overriding public interest may preclude transitional measures from being adopted in respect of situations which arose before the new rules came into force but which are still subject to change (see, on that point, Case 74/74 CNTA v Commission [1975] ECR 533, paragraph 44; Case 84/78 Tomadini v Amministrazione delle Finanze dello Stato [1979] ECR 1801, paragraph 20; Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraphs 16 and 19; and the order in Case C-51/95 P Unifruit Hellas v Commission [1997] ECR I-727, paragraph 27). The objective of the contested decision, namely the protection of public health, constitutes an overriding public interest of that kind. | 36. Moreover, although the WCO opinions classifying goods in the HS do not have legally binding force, they amount, as regards the classification of those goods in the CN, to indications which are an important aid to the interpretation of the scope of the various tariff headings of the CN (see, to that effect, the order in Case C‑206/03 SmithKline Beecham [2005] ECR I-415, paragraph 26). | 0 |
864,634 | 48 It must, however, also be borne in mind that, according to settled case-law, a mere similarity in the wording of a provision of one of the Treaties establishing the Communities and of an international agreement between the Community and a non-member country is not sufficient to give to the wording of that agreement the same meaning as it has in the Treaties (see Case 270/80 Polydor and RSO Records [1982] ECR 329, paragraphs 14 to 21; Case 104/81 Kupferberg [1982] ECR 3641, paragraphs 29 to 31; Case C-312/91 Metalsa [1993] ECR I-3751, paragraphs 11 to 20). | 58. Il convient de rappeler, à cet égard, que la protection de l’environnement constitue l’un des objectifs essentiels de la Communauté (voir arrêts du 7 février 1985, ADBHU, 240/83, Rec. p. 531, point 13; du 20 septembre 1988, Commission/Danemark, 302/86, Rec. p. 4607, point 8; du 2 avril 1998, Outokumpu, C‑213/96, Rec. p. I‑1777, point 32, et du 13 septembre 2005, Commission/Conseil, C‑176/03, Rec. p. I‑7879, point 41). En ce sens, l’article 2 CE énonce que la Communauté a notamment pour mission de promouvoir un «niveau élevé de protection et d’amélioration de la qualité de l’environnement» et, à cette fin, l’article 3, paragraphe 1, sous l), CE prévoit la mise en place d’une «politique dans le domaine de l’environnement». | 0 |
864,635 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 26. In such a case, discrimination arises from the fact that the personal and family circumstances of a non-resident who receives the major part of his income and almost all his family income in a Member State other than that of his residence are taken into account neither in the State of residence nor in the State of employment (judgements in Schumacker , C‑279/93, EU:C:1995:31, paragraph 38; Lakebrink and Peters-Lakebrink , C‑182/06, EU:C:2007:452, paragraph 31; and Renneberg , C‑527/06, EU:C:2008:566, paragraph 62). | 0 |
864,636 | 25
In that regard, it should be noted that that principle, as enshrined in Article 49(1) of the Charter, is part of primary EU law. Even before the entry into force of the Treaty of Lisbon, which conferred on the Charter the same legal value as the treaties, the Court held that that principle followed from the constitutional traditions common to the Member States and, therefore, had to be regarded as forming part of the general principles of EU law, which national courts must respect when applying national law (see, to that effect, judgment of 29 May 1997, Kremzow, C‑299/95, EU:C:1997:254, paragraph 14). | 14 It should first be noted that, as the Court has consistently held (see, in particular, Opinion 2/94 [1996] ECR I-1759, paragraph 33), fundamental rights form an integral part of the general principles of Community law whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories. The Convention has special significance in that respect. As the Court has also held, it follows that measures are not acceptable in the Community which are incompatible with observance of the human rights thus recognized and guaranteed (see, in particular, Case C-260/89 ERT [1991] ECR I-2925, paragraph 41). | 1 |
864,637 | 61. It is settled case‑law that, as a general rule, the mere combination of elements, each of which is descriptive of characteristics of the goods or services in respect of which registration is sought, itself remains descriptive of those characteristics for the purposes of Article 7(1)(c) of the regulation. However, such a combination may not be descriptive for the purposes of that provision, provided that it creates an impression which is sufficiently far removed from that produced by the combination of those elements (see Case C‑363/99 Koninklijke KPN Nederland [2004] ECR I‑1619, paragraphs 98 and 99; Case C‑265/00 Campina Melkunie [2007] ECR I‑1699, paragraphs 39 and 40; and Case C‑273/05 P OHIM v Celltech [2007] ECR I‑2883, paragraphs 77 and 78). | 45. Compte tenu de l’ensemble des considérations qui précèdent, il y a lieu de répondre à la première question:
– Lorsque, en application de l’article 108, paragraphe 3, TFUE, la Commission a ouvert la procédure formelle d’examen prévue au paragraphe 2 dudit article à l’égard d’une mesure non notifiée en cours d’exécution, une juridiction nationale, saisie d’une demande tendant à la cessation de l’exécution de cette mesure et à la récupération des sommes déjà versées, est tenue d’adopter toutes les mesures nécessaires en vue de tirer les conséquences d’une éventuelle violation de l’obligation de suspension de l’exécution de ladite mesure.
– À cette fin, la juridiction nationale peut décider de suspendre l’exécution de la mesure en cause et d’enjoindre la récupération des montants déjà versés. Elle peut aussi décider d’ordonner des mesures provisoires afin de sauvegarder, d’une part, les intérêts des parties concernées et, d’autre part, l’effet utile de la décision de la Commission d’ouvrir la procédure formelle d’examen.
– Lorsque la juridiction nationale éprouve des doutes sur le point de savoir si la mesure en cause constitue une aide d’État au sens de l’article 107, paragraphe 1, TFUE ou quant à la validité ou à l’interprétation de la décision d’ouvrir la procédure formelle d’examen, elle peut, d’une part, demander à la Commission des éclaircissements et, d’autre part, elle peut ou doit, conformément à l’article 267, deuxième et troisième alinéas, TFUE, poser une question préjudicielle à la Cour.
Sur les deuxième et troisième questions | 0 |
864,638 | 39. It should be recalled that that concept of the ‘same acts’ also appears in Article 54 of the CISA. In that context, the concept has been interpreted as referring only to the nature of the acts, encompassing a set of concrete circumstances which are inextricably linked together, irrespective of the legal classification given to them or the legal interest protected (see Case C-436/04 Van Esbroeck [2006] ECR I‑2333, paragraphs 27, 32 and 36, and Case C-150/05 Van Straaten [2006] ECR I‑9327, paragraphs 41, 47 and 48). | 47. For an importer to be able validly to claim a legitimate expectation pursuant to Article 220(2)(b) of the Customs Code and thus to benefit from the waiver of post-clearance recovery provided for by that provision, three cumulative conditions must be met. It is necessary, first, that the irregular issuing of the EUR.1 certificates must have been due to an error on the part of the competent authorities themselves, second, that that error must have been such that it could not reasonably have been detected by the person liable for payment acting in good faith, and, finally, that that person must have complied with all the provisions laid down by the legislation in force (see, inter alia, Faroe Seafood and Others , paragraph 83; Case C‑499/03 P Biegi Nahrungsmittel and Commonfood v Commission [2005] ECR I‑1751, paragraph 46; and Case C‑173/06 Agrover [2007] ECR I‑8783, paragraph 30). | 0 |
864,639 | 42. It is also clear from the case-law that the distinctiveness of a trade mark within the meaning of Article 7(1)(b) of Regulation No 40/94 means that the mark in question makes it possible to identify the product for which registration is sought as originating from a given undertaking and therefore to distinguish the product from those of other undertakings and, therefore, is able to fulfil the essential function of the trade mark (see, to that effect, in particular Procter & Gamble v OHIM , paragraph 32, and the case-law there cited, and, in relation to the same provision contained in Article 3(1)(b) of Directive 89/104, Merz & Krell, paragraph 37, and Linde and Others , paragraph 40, and the case-law there cited). | Or, conformément aux articles 256 TFUE et 58, premier alinéa, du statut de la Cour de justice de l’Union européenne, le pourvoi est limité aux questions de droit. L’appréciation des faits ne constitue donc pas, sous réserve du cas de la dénaturation des éléments qui lui ont été présentés, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir arrêt du 25 octobre 2007, Develey/OHMI, C‑238/06 P, EU:C:2007:635, point 97 et jurisprudence citée). | 0 |
864,640 | 23. As regards the Commission’s first head of claim, ‘goods’ are defined as products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions (Case 7/68 Commission v Italy [1968] ECR 617, 626 and Case C-97/98 Jägerskiöld [1999] ECR I‑7319, paragraph 30). | 34. In that regard, as the Advocate-General stated in points 55 and 56 of his Opinion, Mrs Alokpa, as the mother of Jarel and Eja Moudoulou and as sole carer of those children since their birth, could have the benefit of a derived right to reside in France. | 0 |
864,641 | 13. As a preliminary point, it should be noted that, according to the case-law of the Court, the exemptions provided for in Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, in particular, Case C-498/03 Kingscrest Associates and Montecello [2005] ECR I-4427, paragraph 29, and Joined Cases C-394/04 and C-395/04 Ygeia [2005] ECR I-0000, paragraph 15). Those exemptions constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system from one Member State to another (see, in particular, Case C-76/99 Commission v France [2001] ECR I-249, paragraph 21, and Ygeia , cited above, paragraph 15). | 50. La Cour a également jugé que l’obligation de motivation prévue à l’article 253 CE constitue une formalité substantielle qui doit être distinguée de la question du bien-fondé de la motivation, celui-ci relevant de la légalité au fond de l’acte litigieux (voir arrêt du 19 septembre 2002, Espagne/Commission, C‑113/00, Rec. p. I‑7601, point 47). | 0 |
864,642 | 62. Moreover, Article 10 of the Customs Code expressly provides that the provisions of that code concerning the annulment, revocation or amendment of decisions favourable to the person concerned ‘shall be without prejudice to national rules which stipulate that decisions are invalid or become null and void for reasons unconnected with customs legislation’. Consequently, by virtue of the principle of procedural autonomy of the Member States, it is the latter which are competent to govern those aspects of the procedure. They must, however, ensure that those rules are not less favourable than those governing similar domestic situations (principle of equivalence) or render impossible in practice, or excessively difficult, the exercise of rights conferred by the European Union legal order (principle of effectiveness) (see, to that effect, inter alia, Case C-1/06 Bonn Fleisch [2007] ECR I-5609, paragraph 41 and the case-law cited). | 24 It must therefore be held that, by failing to adopt the laws, regulations and administrative provisions necessary to comply fully with Directive 92/49 and Directive 92/96 and, in particular, by not transposing those directives with regard to mutual societies governed by the Code de la Mutualité, the French Republic has failed to fulfil its obligations under those directives. | 0 |
864,643 | 52. In that connection, the Court has held that a national or international body governed by public law which pursues the recovery of charges payable by a person governed by private law for the use of its equipment and services acts in the exercise of its public powers, in particular where that use is obligatory and exclusive and the rate of charges, the methods of calculation and the procedures for collection are fixed unilaterally in relation to the users (judgments in LTU , 29/76, EU:C:1976:137, paragraph 4, and Lechouritou and Others , C‑292/05, EU:C:2007:102, paragraph 32). | 124. Le Tribunal ayant jugé, au point 305 de l’arrêt attaqué, que la Commission n’avait pas pu ouvrir la procédure formelle d’examen avant ladite date à défaut de disposer des informations nécessaires pour ouvrir la procédure formelle d’examen, les Cámaras de Comercio sont recevables à critiquer cette constatation, puisque celle-ci a été effectuée pour la première fois dans l’arrêt attaqué (voir arrêt du 21 février 2008, Commission/Girardot, C‑348/06 P, Rec. p. I‑833, point 50 et jurisprudence citée). En outre, la question de savoir si c’est à bon droit que le Tribunal a fait ladite constatation est liée à celle du caractère raisonnable ou non de la durée de la procédure préliminaire d’examen, qui concerne une question de droit pouvant être soumise au contrôle de la Cour dans le cadre d’un pourvoi et qui, partant, est recevable.
– Sur le fond | 0 |
864,644 | 104 If the provisions in the statutes of a cooperative governing relations between itself and its members do not automatically escape the prohibition laid down in Article 85(1) of the Treaty (Oude Luttikhuis, cited above, paragraph 13), the same must be true a fortiori of provisions which produce effects vis-à-vis third parties which have not subscribed to them. | 13 However, it does not follow that the provisions in the statutes governing relations between the association and its members, in particular those relating to the termination of the contractual link and those requiring the members to reserve their milk production for the association, automatically fall outside the prohibition in Article 85(1) of the Treaty. | 1 |
864,645 | 19 In Vroege (paragraphs 20 to 27) and Fisscher (paragraphs 17 to 24) the Court stated that the limitation of the effects in time of the Barber judgment concerned only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions, in particular those of Directive 86/378. | 74. In that respect, it should however be recalled that the condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant Government merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real step to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, in particular, Commission v Spain , paragraph 47; Commission v Italy , paragraph 18; and Commission v Greece , paragraph 43). | 0 |
864,646 | 41 It must be borne in mind that, provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. That appraisal does not therefore constitute, save where the clear sense of the evidence has been distorted, a point of law which is subject as such to review by the Court of Justice (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24). | 33. At the outset, it should be recalled that it follows from Article 3(1)(a) of Directive 2000/43, Article 3(1)(a) of Directive 2000/78 and indent (a) of the second subparagraph of Article 1 and Article 14(1)(a) of Directive 2006/54 that those directives apply to a person seeking employment, and also in regard to the selection criteria and recruitment conditions of that employment. | 0 |
864,647 | 37. Although the term ‘organisation’ suggests the existence of an individualised entity performing a particular function, there is nothing to prevent those conditions being satisfied by natural persons (see Gregg , paragraph 18, and Hoffmann , paragraph 24). Likewise, the pursuit of a profit-making aim, whilst it may be a relevant criterion to be taken into account in determining whether an organisation is charitable, by no means precludes it altogether from being charitable (see Kingscrest Associates and Montecello , paragraph 46). | 46. In that regard, it must be pointed out that, at the hearing, the appellants in the main proceedings themselves accepted that the pursuit of a profit-making aim, whilst it may be a relevant criterion to be taken into account in determining whether an organisation is charitable within the meaning of that provision, by no means precludes it altogether from being charitable. | 1 |
864,648 | 48. However, it must be borne in mind that where questions submitted by national courts concern the interpretation of a provision of Community law, the Court is, in principle, obliged to give a ruling. Neither the wording of Articles 68 EC and 234 EC nor the aim of the procedure established by Article 234 EC indicates that the framers of the EC Treaty intended to exclude from the jurisdiction of the Court requests for a preliminary ruling on a directive where the domestic law of a Member State refers to the provisions of that directive in order to determine the rules applicable to a situation which is purely internal to that State. In such a case it is clearly in the Community interest that, in order to forestall future differences of interpretation, provisions taken from Community law should be interpreted uniformly, irrespective of the circumstances in which they are to apply (see Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 15 and 16 and the case-law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
864,649 | 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. | 32. The explanatory notes drawn up by the Commission as regards the CN and by the WCO as regards the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force ( Olicom , paragraph 17, and Data I/O , paragraph 30). | 0 |
864,650 | 94. The point must be made that the abusiveness of a pricing practice such as that at issue in the main proceedings must be assessed not only with regard to the possibility that the effect of that practice may be that equally efficient operators who are already active in the relevant market may be driven from it, but also by taking into account any barriers which the practice is capable of creating in the way of operators who are potentially equally efficient and who are not yet present on the market (see, to that effect, Deutsche Telekom v Commission , paragraph 178). | 23QUE , DANS CES CONDITIONS , PERMETTRE A L ' ETAT MEMBRE DESTINATAIRE D ' UNE DECISION PRISE EN VERTU DE L ' ARTICLE 93 , PARAGRAPHE 2 , ALINEA 1 , DE REMETTRE EN CAUSE LA VALIDITE DE CELLE-CI , A L ' OCCASION DU RECOURS VISE A L ' ALINEA 2 DE CETTE MEME DISPOSITION , NONOBSTANT L ' EXPIRATION DU DELAI PREVU A L ' ARTICLE 173 , ALINEA 3 , DU TRAITE , SERAIT INCONCILIABLE AVEC LES PRINCIPES REGISSANT LES VOIES DE RECOURS INSTITUEES PAR LE TRAITE , ET PORTERAIT ATTEINTE A LA STABILITE DE CE SYSTEME AINSI QU ' AU PRINCIPE DE LA SECURITE JURIDIQUE DONT CELUI-CI S ' INSPIRE ; | 0 |
864,651 | 22. It should be recalled that it is undisputed that Article 28 EC has direct effect in the sense that it confers on individuals rights upon which they are entitled to rely directly before the national courts and that breach of that provision may give rise to reparation ( Brasserie du pêcheur and Factortame , paragraph 23). | 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 |
864,652 | 101. Moreover, according to equally well-established case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the general scheme of the system of which they form part (see to that effect, inter alia, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , paragraph 42; Portugal v Commission , paragraph 52; British Aggregates v Commission , paragraph 83; and Joined Cases C-106/09 P and C-107/09 P Commission and Spain v Government of Gibraltar and United Kingdom [2011] ECR I-11113, paragraph 145). | 55. Article 65 EC and Regulation No 1348/2000 thus intend to establish a system for intra-Community service the purpose of which is the proper functioning of the internal market. | 0 |
864,653 | 34. Second, it must be pointed out that the aims of Regulation No 3887/92 are, as set out in the seventh and ninth recitals in its preamble, to monitor effectively compliance with the provisions on Community aid and to adopt provisions which prevent and penalise irregularities and fraud effectively (see, to that effect, Case C‑295/02 Gerken [2004] ECR I‑6369, paragraph 41, and Case C‑45/05 Maatschap Schonewille‑Prins [2007] ECR I‑0000, paragraph 63). | 16. Il y a toutefois lieu de rappeler que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 13 septembre 2007, Commission/Italie, C-260/04, Rec. p. I-7083, point 18). | 0 |
864,654 | 48. In that regard, it should be stated that it is for the national court alone to determine the subject-matter of the questions which it wishes to refer to the Court. The Court cannot, at the request of one party to the main proceedings, examine questions which have not been submitted to it by the national court. If, in view of the course of the proceedings, the national court were to consider it necessary to obtain further interpretations of EU law, it would be for it to make a fresh reference to the Court (see, to that effect, judgments in CBEM , 311/84, EU:C:1985:394, paragraph 10; Syndesmos Melon tis Eleftheras Evangelikis Ekklisias and Others , C‑381/89, EU:C:1992:142, paragraph 19, and Slob , C‑236/02, EU:C:2004:94, paragraph 29). There is therefore no need for the Court to examine the arguments referred to in paragraph 46 above. | 53. Ainsi que l’a relevé la Commission, ces indications relatives à l’admissibilité d’une intervention de l’État consistant à réglementer les prix, qui sont énoncées dans l’arrêt Federutility e.a. (C-265/08, EU:C:2010:205) en ce qui concerne l’article 3, paragraphe 2, de la directive 2003/55, sont également valables s’agissant de l’article 3, paragraphe 2, de la directive 2009/73, aucune modification n’ayant été apportée à cette dernière disposition en tant qu’elle s’applique à la présente affaire. | 0 |
864,655 | 6. Following, inter alia, the judgment in Costa and Cifone (C‑72/10 and C‑77/10, EU:C:2012:80), the betting and gambling sector was reformed by Decree-Law No 16 of 2 March 2012 laying down urgent provisions related to fiscal simplification, improving effectiveness and reinforcing monitoring procedures (GURI No 52 of 2 March 2012, p. 1), converted, after amendment, into statute by Law No 44 of 26 April 2012 (GURI No 99 of 28 April 2012, Ordinary Supplement No 85, p. 1 et seq.; consolidated text, p. 23 et seq., ‘Decree-Law No 16’). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,656 | 15. It must be noted that the case that led to the judgment in Schröder (EU:C:2011:198) concerned the same national legislation as that whose application is the subject of the present request for a preliminary ruling. In that judgment, the Court held that Article 63 TFEU, which prohibits restrictions on capital movements, must be interpreted as precluding legislation of a Member State which, while allowing a resident taxpayer to deduct the annuities paid to a relative who transferred to him immovable property situated in the territory of that Member State from the rental income derived from that property, does not grant such a deduction to a non-resident taxpayer, in so far as the undertaking to pay those annuities results from the transfer of that property. | 75. In any event, before the General Court Mr Abdulrahim did not solely rely on pleas alleging infringement of rights of the defence, but he also disputed that he had been associated with Al-Qaida. As is apparent from paragraphs 142 to 150 of the application before the General Court, Mr Abdulrahim denied that he was involved in terrorist activities or associated with Al-Qaida and contended that he had been included on the list at issue simply because he formed part of a community of Libyan refugees some of whom, according to the United Kingdom authorities, were involved in terrorist activities. | 0 |
864,657 | 39 According to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as that of competition, where the factual and legal situations are often complex (see in particular Joined Cases C-320/90, C-321/90 and C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraphs 6 and 7, Case C-284/95 Safety High-Tech v S. & T. [1998] ECR I-4301, paragraphs 69 and 70, and Case C-341/95 Bettati [1998] ECR I-4355, paragraphs 67 and 68). | 22. As an exception to that principle, Article 98(1) of the VAT Directive gives the Member States the option of applying either one or two reduced rates of VAT. In accordance with the first subparagraph of Article 98(2), the reduced rates of VAT can apply only to supplies of goods and services in the categories set out in Annex III to the VAT Directive. | 0 |
864,658 | 33. It is apparent from the fourth recital in the preamble to Regulation No 2988/95 that the effectiveness of the combating of fraud against the European Union’s financial interests calls for a common set of legal rules to be enacted for all areas covered by European Union policies. Furthermore, according to the fifth recital in the preamble to that regulation, what constitutes irregular conduct and the administrative measures and penalties relating thereto are provided for in sector-specific rules in accordance with Regulation No 2988/95. In the area of checks and penalties for irregularities committed under EU law, the EU legislature has, by adopting Regulation No 2988/95, laid down a series of general principles and has required that, as a general rule, all sector-specific regulations to observe those principles (judgment in FranceAgriMer , EU:C:2012:807, paragraphs 42 and 43 and the case law cited). | 38. The proprietor of the earlier trade mark is not required, for that purpose, to demonstrate actual and present injury to its mark for the purposes of Article 4(4)(a) of the Directive. When it is foreseeable that such injury will ensue from the use which the proprietor of the later mark may be led to make of its mark, the proprietor of the earlier mark cannot be required to wait for it actually to occur in order to be able to prohibit that use. The proprietor of the earlier mark must, however, prove that there is a serious risk that such an injury will occur in the future. | 0 |
864,659 | 19. The common framework which Directive 97/13 seeks to establish would be rendered redundant if Member States were free to establish the financial charges to be borne by undertakings in the sector. Accordingly, Member States may not levy any fees or charges in relation to authorisation procedures other than those provided for by that directive (Cases C-339/04 Nuova società di telecomunicazioni [2006] ECR I-6917, paragraph 35, and Telefónica Móviles España, paragraph 21). | 34. Although it is true that the interest of a football league lies in the overall result of the various matches in that league, the fact remains that the data concerning the date, the time and the identity of the teams in a particular match have an independent value in that they provide interested third parties with relevant information. | 0 |
864,660 | 170. In so far as the applicants in the main proceedings submit that, owing to the cumulative conditions imposed by Article 11 of Presidential Decree No 164/2004, certain fixed-term employment contracts concluded or renewed abusively in the public sector before the entry into force of the decree would escape any penalty, it should be observed that, in such a situation, a measure offering effective and equivalent guarantees for the protection of workers must be capable of being applied in order duly to punish that abuse and nullify the consequences of the breach of Community law. Consequently, in so far as the domestic law of the Member State concerned did not, during that period, include other effective measures for that purpose, for example, because the penalties laid down in Article 7 of the decree did not apply rationae temporis , the recognition of fixed-term employment contracts as contracts of indefinite duration pursuant to Article 8(3) of Law No 2112/1920 could, as the applicant in the main proceedings in Case C‑379/07 submits, constitute such a measure (see, to that effect, Adeneler and Others , paragraphs 98 to 105, and order in Vassilakis and Others , paragraphs 129 to 137). | 40. In such circumstances, the questions referred must be declared inadmissible to the extent that they seek an interpretation of those provisions (see, by analogy, inter alia, Duomo Gpa and Others , paragraph 24). | 0 |
864,661 | 55. In that connection, it must be noted that it is clear from Article 256 TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union that the General Court has exclusive jurisdiction, first, to find the facts and, second, to assess those facts. It is only where the material inaccuracy of the General Court’s findings is apparent from the procedural documents submitted to it or where the evidence used to support those facts has been distorted that those findings of fact and the appraisal of evidence constitute points of law subject to review by the Court of Justice on appeal. By contrast, the Court of Justice has jurisdiction under Article 256 TFEU to review the legal characterisation of those facts by the General Court and the legal conclusions it has drawn from them (see, to that effect, in particular, Case C-440/07 P Commission v Schneider Electric [2009] ECR I-6413, paragraphs 103 and 104, and Case C-352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I-2359, paragraphs 179 and 180 and case-law cited). | 13 However, the prohibition on affixing to crystal glass products in categories 3 and 4 of Annex I to Directive 69/493 their description in a language other than the language or languages of the Member State in which those goods are marketed constitutes a barrier to intra-Community trade in so far as products coming from other Member States have to be given different labelling causing additional packaging costs. | 0 |
864,662 | 19. The Court adopted just such an interpretation in respect of the provisions of Article 16 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36; ‘the Brussels Convention’), which are identical in essence to those of Article 22 of Regulation No 44/2001. The Court held in that regard that, as those provisions of the Brussels Convention introduce an exception to the general rule governing the attribution of jurisdiction, they must not be given an interpretation broader than is required by their objective, since their effect is to deprive the parties of the choice of forum which would otherwise be theirs and, in certain cases, they result in the parties being brought before a court which is not that of the domicile of any of them (see Case 73/77 Sanders [1977] ECR 2383, paragraphs 17 and 18; Case C‑8/98 Dansommer [2000] ECR I‑393, paragraph 21; and Case C‑343/04 ČEZ [2006] ECR I‑4557, paragraph 26). | 86
It follows that a condition for the application or the receipt of tax aid may be grounds for a finding that that aid is selective, if that condition leads to a distinction being made between undertakings despite the fact that they are, in the light of the objective pursued by the tax system concerned, in a comparable factual and legal situation, and if, therefore, it represents discrimination against undertakings which are excluded from it. | 0 |
864,663 | 28. Accordingly, the application of the rule requiring the automatic exclusion of abnormally low tenders to contracts of certain cross-border interest could deprive economic operators from other Member States of the opportunity of competing more effectively with operators located in the Member State in question and thereby affect their access to the market in that State, thus impeding the exercise of freedom of establishment and freedom to provide services, which constitutes a restriction on those freedoms (see, to that effect, Case C-79/01 Payroll and Others [2002] ECR I‑8923, paragraph 26; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraphs 12 and 13; and Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraph 46). | 79. Or, il résulte de la jurisprudence de la Cour qu’un État membre ne saurait être tenu de prendre en considération, aux fins de l’application de sa propre législation fiscale, les conséquences éventuellement défavorables découlant des particularités d’une réglementation d’un autre État membre applicable à un immeuble situé sur le territoire de ce dernier État et appartenant à un contribuable résidant sur le territoire du premier État (voir, par analogie, arrêts du 6 décembre 2007, Columbus Container Services, C‑298/05, Rec. p. I‑10451, point 51; du 28 février 2008, Deutsche Shell, C‑293/06, Rec. p. I‑1129, point 42, et Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 49). | 0 |
864,664 | 41. In exercising that power, however, the Member States must comply with EU law, in particular with the provisions of primary law relating to the freedoms of movement, including the freedom of establishment for the purposes of Article 43 EC. Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of those freedoms in the healthcare sector (see, to that effect, Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 29; Case C‑531/06 Commission v Italy , paragraph 35; Apothekerkammer des Saarlandes and Others , paragraph 18; and Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑0000, paragraph 43). | 33. Le délai de prescription de cinq ans visé à l’article 46 du statut de la Cour de justice commence à courir lorsque le dommage à réparer s’est concrétisé. Dès lors, s’agissant des cas où la responsabilité de la Communauté trouve sa source dans un acte normatif, ce délai de prescription ne saurait commencer à courir avant que les effets dommageables de cet acte ne se soient produits et, partant, avant le moment où les intéressés ont dû subir un préjudice certain (voir, en ce sens, arrêts du 13 novembre 1984, Birra Wührer e.a./Conseil et Commission, 256/80, 257/80, 265/80, 267/80, 5/81, 51/81 et 282/82, Rec. p. 3693, point 15, ainsi que Commission/Cantina sociale di Dolianova e.a., précité, point 54). Dans le cas des contentieux nés d’actes individuels, le délai de prescription commence à courir lorsque la décision a produit ses effets à l’égard des personnes qu’elle vise [voir, en ce sens, arrêt du 19 avril 2007, Holcim (Deutschland)/Commission, C‑282/05 P, Rec. p. I‑2941, point 30]. | 0 |
864,665 | 43. It should be noted at the outset that the choice of the legal basis for an EU measure must rest on objective factors amenable to judicial review, which include the aim and content of that measure. If examination of a measure reveals that it pursues two aims or that it has two components, and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the measure must be founded on a single legal basis, namely that required by the main or predominant aim or component. If, on the other hand, a measure simultaneously pursues a number of objectives, or has several components, which are inseparably linked without one being incidental to the other, so that various provisions of the Treaty are applicable, such a measure will have to be founded, exceptionally, on the various corresponding legal bases (see, to that effect, Case C‑130/10 Parliament v Council EU:C:2012:472, paragraphs 42 to 44). | 24. Since the first ground of appeal put forward by the appellant relates only to the discretion which he claims OHIM’s Board of Appeal enjoys, it is appropriate, in order to determine whether there is a provision to the contrary liable to preclude such discretion, to refer to the rules governing the appeal proceedings. | 0 |
864,666 | 67
Regulation No 883/2004 does not set up a common scheme of social security, but allows different national social security schemes to exist and its sole objective is to ensure the coordination of those schemes in order to guarantee effective exercise of freedom of movement for persons. It thus allows different schemes to continue to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by EU law (judgment of 19 September 2013 in Brey, C‑140/12, EU:C:2013:565, paragraph 43). | 20 It follows from the judgments in the LTU and Rueffer cases, cited above, that such an action falls outside the scope of the Convention only where the author of the damage against whom it is brought must be regarded as a public authority which acted in the exercise of public powers. | 0 |
864,667 | 41. Under Article 16(1) of the Regulation, main insolvency proceedings in one Member State are to be recognised in all the other Member States from the time that it becomes effective in the State of the opening of proceedings. That rule implies that the courts of the other Member States are to recognise the judgment opening main insolvency proceedings, without being able to review the assessment made by the first court as to its jurisdiction (see, to that effect, Case C‑341/04 Eurofood IFSC [2006] ECR I‑3813, paragraphs 39 and 42, and also Case C‑444/07 MG Probud Gdynia [2010] ECR I‑417, paragraphs 27 and 29). Article 25 of the Regulation extends that rule of recognition to all judgments relating to the conduct and closure of proceedings. | 29. The Court has pointed out in this connection that it is inherent in that principle of mutual trust that the court of a Member State hearing an application for the opening of main insolvency proceedings check that it has jurisdiction in the light of Article 3(1) of the Regulation, that is to say examine whether the centre of the debtor’s main interests is situated in that Member State. In return, the courts of the other Member States recognise the judgment opening main insolvency proceedings, without being able to review the assessment made by the first court as to its jurisdiction ( Eurofood IFSC , paragraphs 41 and 42). | 1 |
864,668 | 78. If the amount of the reimbursement of the expenses incurred for hospital treatment provided in a Member State other than that of residence, resulting from the rules in force in that State, is less than that which would have resulted from application of the legislation in force in the Member State of residence if hospital treatment had been provided there, pursuant to Article 49 EC, as interpreted by the Court, complementary reimbursement corresponding to the difference between those two amounts must, in addition, be made by the competent institution (see, to that effect, Vanbraekel and Others , paragraphs 38 to 52, and Commission v Spain , paragraphs 56 and 57). | 50. The concept has to be interpreted as including any termination of contract of employment not sought by the worker, and therefore without his consent. It is not necessary that the underlying reasons should reflect the will of the employer. | 0 |
864,669 | 23 In this connection, it is appropriate to recall that the Court has consistently held that, in order to determine whether a provision of Community law is consonant with the principle of proportionality, it is necessary to establish, in the first place, whether the means it employs to achieve its aim correspond to the importance of the aim and, in the second place, whether they are necessary for its achievement (see, in particular, the judgment in Case 266/84 Denkavit France v FORMA [1986] ECR 149, paragraph 17). | 92 A sectoral pension fund of the kind at issue in the main proceedings, which has an exclusive right to manage a supplementary pension scheme in an industrial sector in a Member State and, therefore, in a substantial part of the common market, may therefore be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty. | 0 |
864,670 | 67. As the Commission points out, Article 9.3(h) of the EIB Statute makes clear that it is the responsibility of the Board of Governors to approve the EIB's Rules of Procedure. The purpose of the Rules of Procedure is to organise the internal operation of the services in the interests of good administration (see, inter alia , Case C-69/89 Nakajima v Council [1991] ECR I-2069, paragraph 49). It follows that, within the EIB, it is in principle the Board of Governors on which power is conferred to organise internal matters and which is, therefore, authorised to take the appropriate measures in order to ensure the internal operation of the EIB in conformity with the interests of its good administration (see, by analogy, Case C-58/94 Netherlands v Council [1996] ECR I-2169, paragraph 37). | 49 With regard to this point, it should be noted that the purpose of the rules of procedure of a Community institution is to organize the internal functioning of its services in the interests of good
administration. The rules laid down, particularly with regard to the organization of deliberations and the adoption of decisions, have therefore as their essential purpose to ensure the smooth conduct of the procedure while fully respecting the prerogatives of each of the members of the institution. | 1 |
864,671 | 69. The cases in which aid to the steel industry may be granted therefore constitute an exception to the rule according to which such aids are prohibited and can in principle be granted only pursuant to a formal Commission decision (Case C-5/01 Belgium v Commission , paragraph 55). | 46. Bavaria and Bavaria Italia did not undoubtedly have standing to bring an action for annulment against Regulation No 1347/2001 on the basis of Article 230 EC. Consequently, they are entitled, in an action brought in accordance with national law, to plead the invalidity of that regulation even though they did not bring an action for its annulment before the Community judicature within the period laid down in Article 230 EC.
Alleged infringement of general principles of Community law by Regulation No 2081/92 as regards its scope and legal basis | 0 |
864,672 | 51. On those points, it should however be remembered that Article 10 of Regulation No 574/72, as both its heading and its wording demonstrate, is intended only to resolve cases of overlapping of rights to family benefits where they are simultaneously due, irrespective of conditions of insurance or employment, in both the relevant child’s Member State of residence and, in application either of the national legislation of another Member State or of Article 73 of Regulation No 1408/71, in the Member State of employment (see, to that effect, Bosmann , paragraph 24). | 43. It should be recalled at the outset that the deduction system established by the VAT Directive is meant to relieve the operator entirely of the burden of the VAT paid or payable in the course of all his economic activities. The common system of VAT seeks to ensure complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject, in principle, to VAT (see, inter alia, Case 268/83 Rompelman [1985] ECR 655, paragraph 19, and Case C-153/11 Klub [2012] ECR, paragraph 35). | 0 |
864,673 | 33. Although in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected (see, to that effect, Case C-368/89 Crispoltoni [1991] ECR I-3695, paragraph 17; Gemeente Leusden and Holin Groep , cited above, paragraph 59; see also the judgment of the European Court of Human Rights in National & Provincial Building Society v. United Kingdom of 23 October 1997, Reports of Judgments and Decisions 1997-VII, § 80). | 22. Where the marketing of a product is always accompanied by a minimal supply of services (such as the displaying of the products on shelves, the issuing of an invoice, etc.), only services other than those which necessarily accompany the marketing of a product may be taken into account in assessing the part played by the supply of services within the whole of a complex transaction also involving the supply of a product. | 0 |
864,674 | 78. If the amount of the reimbursement of the expenses incurred for hospital treatment provided in a Member State other than that of residence, resulting from the rules in force in that State, is less than that which would have resulted from application of the legislation in force in the Member State of residence if hospital treatment had been provided there, pursuant to Article 49 EC, as interpreted by the Court, complementary reimbursement corresponding to the difference between those two amounts must, in addition, be made by the competent institution (see, to that effect, Vanbraekel and Others , paragraphs 38 to 52, and Commission v Spain , paragraphs 56 and 57). | 31. Those arguments cannot, however, be accepted. | 0 |
864,675 | 18. It should first be pointed out that, according to settled case-law, the provisions of Regulation No 1408/71 determining the applicable legislation constitute a complete system of conflict rules the effect of which is to divest the national legislatures of the power to determine the ambit and the conditions for the application of their national legislation on the subject so far as the persons who are subject thereto and the territory within which the provisions of national law take effect are concerned (see to that effect inter alia Case 302/84 Ten Holder [1986] ECR 1821, paragraph 21, and Case 60/85 Luijten [1986] ECR 2365, paragraph 14). | 130. It follows that, given the primordial importance of combating terrorism with a view to maintaining international peace and security, the restrictions on the appellant’s right to property brought about by the contested acts are not disproportionate to the aims pursued. | 0 |
864,676 | 9 Whilst that provision does not make reference to the Court subject to the proceedings during which the national court frames a question for a preliminary ruling being inter partes (see, most recently, Case C-18/93 Corsica Ferries Italia v Corpo dei Piloti del Porto di Genova [1994] ECR I-1783, paragraph 12), it is none the less apparent from Article 177 that a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (Case 138/80 Borker [1980] ECR 1975, paragraph 4, and Case 318/85 Greis Unterweger [1986] ECR 955, paragraph 4). | 59. Plus spécifiquement, la Cour n’a eu recours à cette solution que dans des circonstances bien précises, notamment lorsqu’il existait un risque de répercussions économiques graves dues en particulier au nombre élevé de rapports juridiques constitués de bonne foi sur la base de la réglementation considérée comme étant validement en vigueur et qu’il apparaissait que les particuliers et les autorités nationales avaient été incités à un comportement non conforme à la réglementation communautaire en raison d’une incertitude objective et importante quant à la portée des dispositions communautaires, incertitude à laquelle avaient éventuellement contribué les comportements mêmes adoptés par d’autres États membres ou par la Commission (arrêt Brzeziński, précité, point 57 et jurisprudence citée). | 0 |
864,677 | 37
Moreover, as is apparent from Article 4 of Regulation No 40/94, a sign representing the shape of a product is one of the signs that may constitute a mark provided that, first, it is capable of being represented graphically and, secondly, it is capable of distinguishing the goods or services of one undertaking from those of other undertakings (see, to that effect, judgments of 29 April 2004, Henkel v OHIM, C‑456/01 P and C‑457/01 P, EU:C:2004:258, paragraphs 30 and 31, and of 14 September 2010, Lego Juris v OHIM, C‑48/09 P, EU:C:2010:516, paragraph 39). | 38
The right to deduct VAT is, however, subject to compliance with both substantive requirements or conditions and formal requirements or conditions. | 0 |
864,678 | 21 Although, in applying Articles 145 and 155 of the Treaty, a distinction is drawn in case-law between essential rules, which are the Council's preserve, and those which, being merely of an implementing nature, may be delegated to the Commission, only provisions intended to give concrete shape to the fundamental guidelines of Community policy must be classified as essential rules (see Germany v Commission, cited above, paragraphs 36 and 37). | 23. As the Court noted on that occasion, the criterion of centre of interests of the person whose rights have been infringed is in accordance with the objective of foreseeability of jurisdiction in so far as it enables the applicant to identify easily the court in which he may sue and the defendant reasonably to foresee before which court he may be sued ( eDate Advertising and Others , paragraph 50). | 0 |
864,679 | 36. According to consistent case-law, developed in the context of actions for annulment brought by Member States or institutions, any measures adopted by the institutions, whatever their form, which are intended to have binding legal effects are regarded as acts open to challenge, within the meaning of Article 263 TFEU (see, in particular, Case 22/70 Commission v Council (‘ ERTA’ ) [1971] ECR 263, paragraph 42; Case C‑316/91 Parliament v Council [1994] ECR I-625, paragraph 8; Spain v Commission , cited above, paragraph 27; Joined Cases C‑138/03, C‑324/03 and C‑431/03 Italy v Commission [2005] ECR I‑10043, paragraph 32; Case C‑301/03 Italy v Commission [2005] ECR I‑10217, paragraph 19; Case C‑370/07 Commission v Council [2009] ECR I‑8917, paragraph 42). The case-law further shows that a Member State, such as the applicant in Case C‑475/10 P, may admissibly bring an action for annulment of a measure producing binding legal effects without having to demonstrate that it has an interest in bringing proceedings (see, to that effect, Case 45/86 Commission v Council [1987] ECR. 1493, paragraph 3 and Commission v Council [2009] ECR I-8917, paragraph 16). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,680 | 29. Finally, just as in the case of Article 37(1) of the Association Agreement with Poland, the words "[s]ubject to the conditions and modalities applicable in each Member State" in Article 38(1) of the Association Agreement with Slovakia cannot be interpreted in such a way as to allow Member States to make the application of the principle of non-discrimination set out in that provision subject to conditions or discretionary limitations inasmuch as such an interpretation would render that provision meaningless and deprive it of any practical effect (Pokrzeptowicz-Meyer , paragraphs 20 to 24). | 30. À cet égard, il y a lieu de rappeler que, selon une jurisprudence constante, l’existence d’un manquement dans le cadre d’un recours fondé sur l’article 226 CE doit être appréciée au regard de la législation communautaire en vigueur au terme du délai que la Commission a imparti à l’État membre en cause pour se conformer à son avis motivé (arrêts du 10 septembre 1996, Commission/Allemagne, C‑61/94, Rec. p. I-3989, point 42; du 9 novembre 1999, Commission/Italie, C-365/97, Rec. p. I-7773, point 32, et du 5 octobre 2006, Commission/Belgique, C-275/04, Rec. p. I‑9883, point 34). | 0 |
864,681 | 47. In addition, since such court fees amount to detailed procedural rules governing actions for safeguarding rights conferred by EU law on candidates and tenderers harmed by decisions of contracting authorities, they must not compromise the effectiveness of Directive 89/665 (see, to that effect, judgments in Universale-Bau and Others , C‑470/99, EU:C:2002:746, paragraph 72, and eVigilo , C‑538/13, EU:C:2015:166, paragraph 40). | 66. Moreover, where a subscriber has consented to the passing of his personal data to a given undertaking with a view to their publication in a public directory of that undertaking, the passing of the same data to another undertaking intending to publish a public directory without renewed consent having been obtained from that subscriber is not capable of substantively impairing the right to protection of personal data, as recognised in Article 8 of the Charter. | 0 |
864,682 | 66. The mechanisms allowing those different rights and interests to be balanced are contained, first, in Directive 2002/58 itself, in that it provides for rules which determine in what circumstances and to what extent the processing of personal data is lawful and what safeguards must be provided for, and in the three directives mentioned by the national court, which reserve the cases in which the measures adopted to protect the rights they regulate affect the protection of personal data. Second, they result from the adoption by the Member States of national provisions transposing those directives and their application by the national authorities (see, to that effect, with reference to Directive 95/46, Lindqvist , paragraph 82). | 26 A worker such as Mr Thévenon, who did not exercise his right to freedom of movement until after the entry into force of Regulation No 1408/71, that is to say, after the Franco-German convention had already been replaced by the regulation as regards persons and matters covered by it, cannot claim to have suffered the loss of social security advantages which he would have enjoyed under the Franco-German convention. | 0 |
864,683 | 43. Furthermore, although the Court has held that environmental objectives form part of the objectives pursued by Regulation No 2078/92, it has also stated that the promotion of more environmentally-friendly forms of production — which is certainly a genuine objective — remains an ancillary one (see, to that effect, judgment in Huber EU:C:2002:509, paragraphs 32 and 36). | 54
That being said, as acknowledged in answer to questions 1 to 3, 5 and 6, having regard to the subject matter of the contract concerned and its objectives, the exercise of such a right may be limited in specific circumstances such as those set out in paragraphs 39 to 41 of the present judgment. | 0 |
864,684 | 69. It is specifically for the national court to determine, in the light of the facts of the dispute before it, whether the commercial policy of the PMU may be regarded, both with regard to the scale of advertising undertaken and with regard to its creation of new games, as forming part of a policy of controlled expansion in the betting and gaming sector, aiming, in fact, to channel the propensity to gamble into controlled activities ( Ladbrokes Betting & Gaming and Ladbrokes International , paragraph 37). | 38. Moreover, it should be recalled that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify the failure to observe obligations arising under Community law (see Commission v Italy , paragraph 25, and case-law cited). | 0 |
864,685 | 21 The Court has thus recognised, for example, that sex may be a determining factor for posts such as those of prison warders and head prison warders (Case 318/86 Commission v France [1988] ECR 3559, paragraphs 11 to 18), for certain activities such as policing activities performed in situations where there are serious internal disturbances (Johnston, paragraphs 36 and 37) or for service in certain special combat units (Sirdar, paragraphs 29 to 31). | 47. The prohibition on any discrimination on grounds of nationality is set out in Article 12 EC. The provisions of the Treaty which are more specifically applicable to public service concessions include, in particular, Article 43 EC, the first paragraph of which states that restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State are to be prohibited, and Article 49 EC, the first paragraph of which provides that restrictions on freedom to provide services within the Community are to be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended. | 0 |
864,686 | 42
Likewise, the Court has held that that aim also precludes national rules from restricting unduly the concept of passenger covered by compulsory insurance against civil liability in respect of the use of motor vehicles, by excluding from that concept persons who were within a part of a vehicle not designed for their carriage and not fitted out for that purpose (judgment of 1 December 2011, Churchill Insurance Company Limited and Evans, C‑442/10, EU:C:2011:799, paragraph 30). | 20 IL Y A LIEU , A CET EGARD , DE SOULIGNER QUE , COMME IL RESSORT DU DOSSIER , LE REGIME DE PENSIONS D ' ENTREPRISE EN CAUSE DANS LE LITIGE PRINCIPAL , MEME S ' IL A ETE ADOPTE EN CONFORMITE AVEC LES DISPOSITIONS PREVUES PAR LE LEGISLATEUR ALLEMAND QUANT AUX REGIMES DU MEME TYPE , TROUVE SA SOURCE DANS UN ACCORD , INTERVENU ENTRE BILKA ET LE CONSEIL D ' ENTREPRISE REPRESENTANT SES EMPLOYES , AYANT POUR EFFET DE COMPLETER LES PRESTATIONS SOCIALES DUES EN VERTU DE LA LEGISLATION NATIONALE D ' APPLICATION GENERALE PAR DES PRESTATIONS DONT LE FINANCEMENT EST SUPPORTE UNIQUEMENT PAR L ' EMPLOYEUR .
| 0 |
864,687 | 182. In so far as the question concerns successive fixed-term employment contracts, it must be pointed out that that question is the same as a question on which the Court has already given a ruling in Adeneler and Others (paragraphs 91 to 105) and that other relevant information enabling an answer to be given to that question appears in the judgments in Marrosu and Sardino (paragraphs 44 to 57) as well as Vassallo (paragraphs 33 to 42) and the order in Vassilakis and Others (paragraphs 120 to 137). | 15 S' agissant de la deuxième question, c' est-à-dire la nature de la preuve à apporter en cette matière et la pertinence des publications scientifiques citées par la Commission, il est constant que les ouvrages dont il s' agit font autorité dans le domaine de l' avifaune . Pour ce qui est de l' argument du gouvernement italien selon lequel les données présentées par la Commission ne concernent pas spécifiquement la situation italienne, il convient d' observer qu' au cas où aucune littérature spécifique relative au territoire de l' État membre concerné ne serait disponible la Commission peut se référer à des ouvrages ornithologiques qui traitent d' une aire générale de distribution dont l' État membre relève . Le gouvernement italien n' a d' ailleurs pas produit d' études scientifiques alternatives pour infirmer les indications fournies par la Commission . | 0 |
864,688 | 43 It should be pointed out that the Member States, which retain exclusive competence as regards the maintenance of public order and the safeguarding of internal security (Case C-265/95 Commission v France [1997] ECR I-6959, paragraph 33), enjoy a margin of discretion in determining, according to particular social circumstances and to the importance attached by those States to a legitimate objective under Community law, such as the campaign against various forms of criminality linked to the consumption of alcohol, the measures which are likely to achieve concrete results. | 69. Whilst it is true, according to the case-law of the Court, that a purely confirmatory measure may not be the subject of an action for annulment (see, inter alia, Case C‑123/03 P Commission v Greencore [2004] ECR I‑11647, paragraph 39), the fact remains that the Court has also held that a measure is to be regarded as purely confirmatory of an existing measure if it contains no new factors as compared with the existing measure (see Case 23/80 Grasselli v Commission [1980] ECR 3709, paragraph 18, and Case C‑417/05 P Commission v Fernández Gómez [2006] ECR I‑8481, paragraph 46). | 0 |
864,689 | 33. It is not for the Court to determine whether a decision of the referring court accepting an intervention before it has been taken in accordance with those rules. The Court must abide by such a decision in so far as it has not been overturned in any appeal procedures provided for by national law (see, by analogy, judgments in Radlberger Getränkegesellschaft and S. Spitz , C‑309/02, EU:C:2004:799, paragraph 26, and Burtscher , C‑213/04, EU:C:2005:731, paragraph 32). | 64. According to recital 2 in the preamble to Directive 2002/58, the directive seeks to respect the fundamental rights and observes the principles recognised in particular by the Charter. In particular, the directive seeks to ensure full respect for the rights set out in Articles 7 and 8 of that Charter. Article 7 substantially reproduces Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950, which guarantees the right to respect for private life, and Article 8 of the Charter expressly proclaims the right to protection of personal data. | 0 |
864,690 | 23. If the answer to one of the two parts of the first question is in the affirmative, the national court wishes to ascertain, secondly, whether, as the case-law of the Court appears to indicate (see Case C-171/95 Tetik [1997] ECR I-329, paragraph 39; Case C-386/95 Eker [1997] ECR I-2697, paragraphs 23 and 25; and Case C-98/96 Ertanir [1997] ECR I-5179, paragraphs 31 and 35), entitlement to a residence permit under the third indent of Article 6(1) of Decision No 1/80 presupposes that the worker has already satisfied the requirements of the second indent of that same paragraph. | 34. The lease of a motor vehicle under a financial leasing contract may, nonetheless, present features which are comparable to those of the acquisition of capital goods. | 0 |
864,691 | 74 To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would mean allowing that party to bring before the Court, whose jurisdiction in appeals is limited, a wider case than that heard by the Court of First Instance. In an appeal the Court's jurisdiction is thus confined to examining the assessment by the Court of First Instance of the pleas argued before it (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, at paragraph 59; and Case C-7/95 P Deere v Commission [1998] ECR I-3111, at paragraph 62). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
864,692 | 72
As regards, in the second place, Villeroy & Boch’s argument concerning an infringement of the obligation to state reasons, it must be recalled that, according to settled case-law, the General Court is not required to provide an account which follows exhaustively and one by one all the arguments put forward by the parties to the case, provided that the reasoning enables the persons concerned to know why the General Court has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its power of review (see, inter alia, judgments of 2 April 2009, Bouygues and Bouygues Télécom v Commission, C‑431/07 P, EU:C:2009:223, paragraph 42, and of 22 May 2014, Armando Álvarez v Commission, C‑36/12 P, EU:C:2014:349, paragraph 31). | 66. Consequently, the mark applied for must be assessed only on the basis of relevant Community rules and the national decision can under no circumstances call in question the legality of either the contested decision or the judgment under appeal. | 0 |
864,693 | 44. Thirdly, it must also be borne in mind that, although European Union law does not preclude, in principle, a system of prior authorisation, it is nevertheless necessary that the conditions attached to the grant of such authorisation must be justified in the light of the imperatives mentioned above, that they do not exceed what is objectively necessary for that purpose and that the same result cannot be achieved by less restrictive rules. Such a system must, in addition, be based on objective, non-discriminatory criteria which are known in advance, in such a way as to circumscribe the exercise of the national authorities’ discretion, so that it is not used arbitrarily (see, to that effect, Smits and Peerbooms , paragraphs 82 and 90; Müller-Fauré and van Riet , paragraphs 83 to 85; and Watts , paragraphs 114 to 116). | 67. The more immediately and strongly the earlier mark is brought to mind by the later mark, the greater the likelihood that the current or future use of the later mark is taking unfair advantage of, or is detrimental to, the distinctive character or the repute of the earlier mark. | 0 |
864,694 | 61. It also follows from settled case-law that a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 to 24; Case 130/78 Salumificio di Cornuda [1979] ECR 867, paragraphs 23 to 27; and Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraphs 19 to 21). | 39. Certes, afin de respecter le principe d’effectivité, l’organisation des voies de recours internes et le nombre de degrés de juridiction ne doivent pas rendre impossible ou excessivement difficile l’exercice des droits que les justiciables tirent du droit de l’Union. | 0 |
864,695 | 53 Here, it must be noted that, as the Court has consistently held, Articles 2 and 3 of Regulation No 729/70 permit the Commission to charge to the EAGGF only sums paid in accordance with the rules laid down in the various sectors of agricultural production, leaving the Member States to bear the burden of any other sum paid, and in particular any amounts which the national authorities wrongly believed themselves authorised to pay in the context of the common organisation of the markets (Case 11/76 Netherlands v Commission [1979] ECR 245, paragraph 8; Case 18/76 Germany v Commission [1979] ECR 343, paragraph 7; and Case C-48/91 Netherlands v Commission, cited above, paragraph 14). | 41. So far as concerns the first ground of justification relied on by the Belgian Government, it should be recalled that the Court has already acknowledged that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the freedoms of movement guaranteed by the Treaty (Case C-204/90 Bachmann [1992] ECR I-249, paragraph 28; Case C-319/02 Manninen [2004] ECR I-7477, paragraph 42; Case C-471/04 Keller Holding [2006] ECR I-2107, paragraph 40; and Case C-418/07 Papillon [2008] ECR I-8947, paragraph 43). | 0 |
864,696 | 40
As regards the fact that, in the case in the main proceedings, the taxable person supplied goods at a price which did not cover its full cost, it should be noted that the Court has held that the result of an economic transaction is irrelevant for the right to deduct provided that the activity itself is subject to VAT (see, to that effect, judgments of 20 January 2005 in Hotel Scandic Gåsabäck, C‑412/03, EU:C:2005:47, paragraph 22, and of 9 June 2011 in Campsa Estaciones de Servicio, C‑285/10, EU:C:2011:381, paragraph 25). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
864,697 | 36. It is also apparent from the case-law that, in the absence of any specific provision in Directive 2006/112 as to the evidence that taxable persons are required to provide in order to be granted the exemption from VAT, it is for the Member States to lay down, in accordance with Article 131 of Directive 2006/112, the conditions in which intra-Community supplies of goods will be exempt, with a view to ensuring the correct and straightforward application of those exemptions and of preventing any possible evasion, avoidance or abuse. However, when they exercise their powers, Member States must observe the general principles of law which form part of the European Union legal order, which include, in particular, the principles of legal certainty and proportionality (see, to that effect, Case C-146/05 Collée [2007] ECR I-7861, paragraph 24; Twoh International , paragraph 25; X , paragraph 35; and R. , paragraphs 43 and 45). | 24. As regards the evidence required to be furnished by taxable persons in order for them to benefit from the exemption from VAT, clearly none of the provisions of the Sixth Directive relates directly to that issue. The first part of the first sentence of Article 28c(A) of the Sixth Directive merely provides that it is for the Member States to lay down the conditions subject to which they will exempt intra-Community supplies of goods ( Twoh International , paragraph 25). | 1 |
864,698 | 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). | 91. First, it should be noted that the Framework Agreement neither lays down a general obligation on the Member States to provide for the conversion of fixed-term employment contracts into contracts of indefinite duration nor prescribes the precise conditions under which fixed-term employment contracts may be used. | 0 |
864,699 | 35. The Court has held on numerous occasions that the Treaty provisions relating to freedom of movement for persons are intended to facilitate the pursuit by Community nationals of occupational activities of all kinds throughout the Community, and preclude measures which might place Community nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Joined Cases 154/87 and 155/87 Wolf and Others [1988] ECR 3897, paragraph 13; Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 94; Terhoeve , paragraph 37; Case C‑190/98 Graf [2000] ECR I‑493, paragraph 21; and Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 25). | 39 According to settled case-law, the principle of collegiality is based on the equal participation of the Commissioners in the adoption of decisions, from which it follows in particular that decisions should be the subject of collective deliberation and that all the members of the college of Commissioners should bear collective responsibility at political level for all decisions adopted (Case 5/85 AKZO Chemie v Commission [1986] ECR 2585, paragraph 30; Joined Cases 46/87 and 227/88 Hoechst v Commission [1986] ECR 2859, and Case 137/92 P Commission v BASF and Others, cited above, paragraph 63). | 0 |
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