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864,700 | 33. As a preliminary point, it should be noted that the legal and factual context falls to be determined by the referring court and, accordingly, that it is not for the Court of Justice to call into question findings of a factual nature (see, to that effect, Case C-153/02 Neri [2003] ECR I-13555, paragraphs 34 and 35, and Case C-347/06 ASM Brescia [2008] ECR I-0000, paragraph 28). It follows that the Court is bound by the approach to the facts adopted by the referring court, even if, as the United Kingdom Government and the French Government have argued, it may appear prima facie unlikely that use by a third party of a sign similar to a trade mark, in order to market goods which imitate those for which that mark was registered, will benefit the marketing of the goods of that third party without such use concomitantly causing harm to the image or the marketing of the goods bearing that mark. | 3. In Germany, care insurance was introduced, from 1 January 1995, by the Pflegeversicherungsgesetz (Care Insurance Law, hereinafter ‘the Law’), contained in Volume XI of the Sozialgesetzbuch (German Code of Social Law, hereinafter ‘the SGB’). It is designed to cover the costs entailed if insured persons should become reliant on care, that is to say, if a permanent need were to arise for those insured to resort, in large measure, to assistance from other persons in the performance of their daily routine (bodily hygiene, nutrition, moving around, housework, and so on). | 0 |
864,701 | 35. Since both the Community and its Member States are required to respect fundamental rights, the protection of those rights is a legitimate interest which, in principle, justifies a restriction of the obligations imposed by Community law, even under a fundamental freedom guaranteed by the Treaty such as the freedom to provide services (see, in relation to the free movement of goods, Schmidberger , paragraph 74). | 111. In the light of the above considerations, Unicredito cannot therefore claim that the recipient of unlawful aid may rely on exceptional circumstances on the basis of which it might legitimately have expected the aid to be lawful (see Demesa and Territorio Histórico de Álava v Commission , cited above, paragraph 51). | 0 |
864,702 | 39. In that connection, with regard to the assertion that there is no institution for occupational retirement provision located in the Czech Republic, it must be pointed out that, according to the settled case-law of the Court, the fact that an activity referred to in a directive does not yet exist in a Member State cannot release that State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed (Case C‑214/98 Commission v Greece [2000] ECR I‑9601, paragraph 22; Case C‑372/00 Commission v Ireland [2001] ECR I‑10303, paragraph 11; and Case C‑441/00 Commission v United Kingdom [2002] ECR I‑4699, paragraph 15; and judgment of 8 June 2006 in Case C‑71/05 Commission v Luxembourg , paragraph 12). | 29. Consequently, the failure of an economic operator to abide by its contractual obligations can, in principle, be considered as professional misconduct. | 0 |
864,703 | 54 It is settled case-law that where the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon in national courts by individuals against the State where the State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly (see, in particular, Case C-236/92 Comitato di Coordinamento per la Difesa della Cava and Others v Regione Lombardia and Others [1994] ECR I-483, paragraph 8). | 76. The possibility that a document which was not disclosed might have influenced the course of the proceedings and the content of the Commission ' s decision can be established only if a provisional examination of certain evidence shows that the documents not disclosed might ─ in the light of that evidence ─ have had a significance which ought not to have been disregarded (see Solvay v Commission , paragraph 68). | 0 |
864,704 | 30. First, it should be noted that Article 2(1) of Directive 2008/94 brings the case within the scope of that directive and, in so doing, makes it subject to the conditions laid down in that directive concerning the triggering of the guarantee (see, to that effect, Joined Cases C‑94/95 and C‑95/95 Bonifaci and Others and Berto and Others [1997] ECR I‑3969, paragraph 36, and Case C‑373/95 Maso and Others [1997] ECR I‑4051, paragraph 46). | 11 Secondly, as the Court held in its judgment in Case 321/87 Commission v Belgium [1989] ECR 997, the only precondition which Member States may impose on the right of entry into their territory of the persons covered by the abovementioned directives is the production of a valid identity document or passport. | 0 |
864,705 | 145. It went on to note that natural or legal persons may not rely on an alleged breach of that rule, since it is not intended to ensure protection for individuals (see, to that effect, Case C‑69/89 Nakajima v Council [1991] ECR I‑2069, paragraphs 49 and 50). | 42. Finally, as regards the expression ‘taxable person acting as such’, according to the case-law, a taxable person acts in that capacity where he carries out transactions in the course of his taxable activity (see, to that effect, Case C-291/92 Armbrecht [1995] ECR I-2775, paragraph 17, and Case C-77/01 EDM [2004] ECR I-4295, paragraph 66). | 0 |
864,706 | 54. The right of individuals to rely on that article, as interpreted by the Court, before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of that provision (see, to that effect, Case 72/85 Commission v Netherlands [1986] ECR 1219, paragraph 20; Case 168/85 Commission v Italy , paragraph 11; and Joined Cases C‑46/93 and C‑48/93 Brasserie du pêcheur and Factortame [1996] ECR I‑1029, paragraph 20). | 7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, 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 que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C-103/00, Rec. p. I‑1147, point 23, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | 0 |
864,707 | 69 According to the established case-law of the Court, all trading rules which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade constitute measures having an effect equivalent to quantitative restrictions (judgment in Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1 |
864,708 | 35. According to the settled case-law of the Court, the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages. Where there is divergence between the various language versions of an EU legislative text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (judgments in Cricket St Thomas , C‑372/88, EU:C:1990:140, paragraphs 18 and 19; Kurcums Metal , C‑558/11, EU:C:2012:721, paragraph 48; and Ivansson and Others , C‑307/13, EU:C:2014:2058, paragraph 40). | 39
The take charge and take back procedures established by the Dublin III Regulation must, in particular, be carried out in compliance with a series of mandatory time limits, which include the six-month time limit referred to in Article 29(1) and (2) of that regulation. Whilst those provisions are intended to provide a framework for those procedures, they also contribute, in the same way as the criteria set out in Chapter III of the regulation, to determining the Member State responsible. As is clear from paragraphs 30 to 34 of the present judgment, the expiry of that six-month period without the transfer of the applicant from the requesting Member State to the Member State responsible having been carried out results in the automatic transfer of responsibility from the second Member State to the first (see, by analogy, judgment of 26 July 2017, Mengesteab, C‑670/16, EU:C:2017:587, paragraphs 50 to 53). | 0 |
864,709 | 24 In that connection, the Court has repeatedly held that the principle of State liability for loss or damage caused to individuals as a result of breaches of Community law for which the State can be held responsible is inherent in the system of the Treaty (Francovich I, cited above, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraph 31; Case C-392/93 British Telecommunications [1996] ECR I-1631, paragraph 38; and Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 24; Joined Cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94 Dillenkofer and Others [1996] ECR I-4845, paragraph 20). | 59. Accordingly, where the use of the PDO "Prosciutto di Parma" for ham marketed in slices is made subject to the condition that slicing and packaging operations be carried out in the region of production, this constitutes a measure having equivalent effect to a quantitative restriction on exports within the meaning of Article 29 EC.
Whether the condition that the product is sliced and packaged in the region of production is justified | 0 |
864,710 | 38. If, on completing that determination, that court should find that such is the case, it would have no choice but to give due effect to that immunity by dismissing, as indicated in paragraph 27 above, the action brought against the Member of the European Parliament concerned ( Marra , paragraphs 33 and 44). Contrariwise, if it should find that such is not the case, the substantive conditions for immunity not being satisfied, that court would have to continue hearing the action. | 86. It has been held that European Union law does not prohibit a Member State from preventing the imposition of a series of charges to tax on dividends received by a resident company by applying rules which exempt those dividends from tax when they are paid by a resident company, while preventing those dividends from being liable to a series of charges to tax through an imputation method when they are paid by a non-resident company, provided, however, that the tax rate applied to foreign-sourced dividends is not higher than the rate applied to nationally-sourced dividends and that the tax credit is at least equal to the amount paid in the State of the company making the distribution, up to the limit of the tax charged in the Member State of the company receiving the dividends (see Test Claimants in the FII Group Litigation , paragraphs 48 and 57, and the order in Case C‑201/05 Test Claimants in the CFC and Dividend Group Litigation [2008] ECR I‑2875, paragraph 39). | 0 |
864,711 | 57. It should be recalled in this connection that it is only exceptionally that, in application of a general principle of legal certainty which is inherent in the Community legal order, the Court may be moved to restrict for any person concerned the opportunity of relying upon a provision which it has interpreted, with a view to calling in question legal relations established in good faith (see, inter alia, Case C‑104/98 Buchner and Others [2000] ECR I‑3625, paragraph 39). | 19 Thus, in the light of the amendment made to Article 17 by the 1978 Accession Convention, consensus on the part of the contracting parties as to a jurisdiction clause is presumed to exist where commercial practices in the relevant branch of international trade or commerce exist in this regard of which the parties are or ought to have been aware. | 0 |
864,712 | 90. In those circumstances, contrary to what is claimed by the European Commission, Article 5(2)(b) of Directive 2001/29 should not be read in the light of Article 5(5) of the directive, as the latter provision is not intended either to affect the substantive content of provisions falling within the scope of Article 5(2) of that directive or, inter alia, to extend the scope of the different exceptions and limitations provided for therein (see judgment in ACI Adam and Others , EU:C:2014:254, paragraph 26). | 89
As such, that principle forms part of the rules of international law applicable to relations between the European Union and the Kingdom of Morocco, which the General Court was obliged to take into account. | 0 |
864,713 | 41 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 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 |
864,714 | 22. Or, les dons et legs apparaissent sous la rubrique XI, intitulée «Mouvements de capitaux à caractère personnel», figurant à l’annexe I de la directive 88/361 (voir notamment, en ce qui concerne les dons, arrêt Persche, C‑318/07, EU:C:2009:33, point 24, et, s’agissant des successions, arrêt van Hilten-van der Heijden, C‑513/03, EU:C:2006:131, point 40). | 43. That discontinuance could call into question the pursuit, by a self-employed person, of his occupational activity and make his professional circumstances precarious given that, following the discontinuance, he would have no guarantee of pursuing his employment or finding another. | 0 |
864,715 | 34 According to settled case-law, a decision adopted by the Community institutions which has not been challenged by its addressee within the time-limit laid down by the fifth paragraph of Article 230 EC becomes definitive as against that person (see, inter alia, Commission v Belgium, cited above, paragraphs 20 to 24; Commission v Greece, cited above, paragraphs 9 and 10; TWD Textilwerke Deggendorf, paragraph 13, and Case C-239/99 Nachi Europe [2001] ECR I-1197, paragraph 29). Such a rule is based in particular on the consideration that the periods within which legal proceedings must be brought are intended to ensure legal certainty by preventing Community measures which produce legal effects from being called in question indefinitely (Wiljo, paragraph 19). | 60. Regulation No 1348/2000 must be given an autonomous interpretation so that it may be applied in a uniform manner ( Leffler , paragraphs 45 and 46). The same applies to Regulation No 44/2001 and, in particular, the term ‘document instituting the proceedings’ within the meaning of Articles 26 and 34(2) of that regulation, as well as the corresponding provisions of the Brussels Convention. | 0 |
864,716 | 22. Next, it should be recalled that national legislation which places certain nationals of the Member State concerned at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State constitutes a restriction on the freedoms conferred by Article 21(1) TFEU on every citizen of the Union (Case C‑406/04 De Cuyper [2006] ECR I‑6947, paragraph 39; Morgan and Bucher , paragraph 25; and Prinz and Seeberger , paragraph 27). In that respect, a national of a Member State who goes to another Member State and pursues secondary education there exercises the freedom of movement guaranteed by Article 20 TFEU (see, to that effect, D’Hoop , paragraphs 29 to 34, and Case C‑209/03 Bidar [2005] ECR I‑2119, paragraph 35). | 51. It follows from the foregoing that a taxable person for VAT purposes cannot be prevented from exercising his right of deduction on the ground that he had not been identified as a taxable person for those purposes before using the goods purchased in the context of his taxed activity. | 0 |
864,717 | 48. It follows from Article 225 EC, the first paragraph of Article 51 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court that an appeal must state precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal, failing which the appeal or plea concerned is inadmissible (see Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraph 34; Case C‑248/99 P France v Monsanto and Commission [2002] ECR I‑1, paragraph 68; and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 426). | 67
In those circumstances, as the Advocate General observes in point 94 of his Opinion, a pre-formulated term on the choice of the applicable law designating the law of the Member State in which the seller or supplier is established is unfair only in so far as it displays certain specific characteristics inherent in its wording or context which cause a significant imbalance in the rights and obligations of the parties. | 0 |
864,718 | 37
As to whether that code applies to applications, such as those at issue in the main proceedings, that are intended to enable third-country nationals to lodge applications for asylum on the territory of a Member State, that question is inextricably linked to the answers to be given to the present request for a preliminary ruling. In those circumstances, the Court has jurisdiction to answer that request (see, to that effect, judgment of 10 September 2015, Wojciechowski, C‑408/14, EU:C:2015:591, paragraph 26 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,719 | 60 Furthermore, the Court of First Instance, in order to reject the complaints concerning breach of the provisions relating to the procedure for adoption of Regulation No 404/93, reiterated, at paragraphs 77 and 78 of the contested judgment, the grounds appearing at paragraphs 27 to 43 of the judgment in Case C-280/93 Germany v Council, and it is apparent from those paragraphs that they were in response solely to the argument that there had been a breach of the Commission's right of initiative, a failure to give reasons and lack of further consultation of the Parliament. | 23 Article 5 sets, in principle, at six months, whether continuous or not, the period for temporary importation of a private vehicle for business use during which such a vehicle may remain in Greece. The exemption does not apply if the vehicle is used to transport persons or for the industrial or commercial transport of goods, whether for payment or not. | 0 |
864,720 | 54. As the General Court rightly pointed out in paragraph 405 of the judgment under appeal, the right of access to the file means that the Commission must provide the undertaking concerned with the opportunity to examine all the documents in the investigation that might be relevant for its defence. Those documents comprise both inculpatory and exculpatory evidence, with the exception of business secrets of other undertakings, internal documents of the Commission and other confidential information ( Limburgse Vinyl Maatschappij and Others v Commission , paragraph 315, and Aalborg Portland and Others v Commission , paragraph 68). | 30. In those circumstances, the argument put forward in its appeal alleging breach of the principle non bis in idem cannot be accepted. | 0 |
864,721 | 55. In that respect, it should be noted that the Court has already held in IATA and ELFAA , paragraphs 93 to 99, that Articles 5 to 7 of Regulation No 261/2004 do not infringe the principle of equal treatment. | 113. However, the right to property is not an absolute right and must be viewed in relation to its social function. Consequently, its exercise may be restricted, provided that those restrictions in fact correspond to objectives of general interest and do not constitute, in relation to the aim pursued, disproportionate and intolerable interference, impairing the very substance of the right guaranteed (Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I-6351, paragraph 355, and Joined Cases C-379/08 and C-380/08 ERG and Others [2010] ECR I-2007, paragraph 80). | 0 |
864,722 | 36. According to settled case‑law, in proceedings under Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 38; Case C‑221/07 Zablocka‑Weyhermüller [2008] ECR I‑0000, paragraph 20; and Case C‑169/07 Hartlauer [2009] ECR I‑0000, paragraph 24). | Il ressort de la jurisprudence de la Cour que l’obligation de faire en sorte que seules les décharges satisfaisant aux exigences
de la directive 1999/31 demeurent exploitées implique également la désaffectation des sites qui n’ont pas obtenu, conformément
à l’article 8 de cette directive, l’autorisation de poursuivre leurs opérations, prévue à l’article 14, sous b), de ladite
directive (arrêt Commission/Bulgarie, C‑145/14, EU:C:2015:502, point 30). | 0 |
864,723 | 43
Further, according to the Court’s settled case-law, the considerations relating to transactions concerning transfers are also applicable to transactions concerning payments (see, to that effect, judgments of 5 June 1997, SDC, C‑2/95, EU:C:1997:278, paragraph 50, and of 28 July 2011, Nordea Pankki Suomi, C‑350/10, EU:C:2011:532, paragraph 26). | Or, le Tribunal a, au point 67 de l’arrêt attaqué, relevé le caractère subsidiaire de l’analyse relative à ladite qualification
en précisant, à bon droit, que, dans l’hypothèse où les autorités allemandes n’auraient pas commis une erreur manifeste d’appréciation
en retenant une telle qualification, ce fait n’entraînerait pas à lui seul l’annulation de la décision litigieuse. En effet,
pour prononcer une telle annulation, encore faudrait-il que les versements de contributions pour le maintien d’une réserve
de capacités en cas d’épizootie n’aient pas constitué un avantage économique pour la ZT, au sens des conditions dégagées dans
l’arrêt Altmark Trans et Regierungspräsidium Magdeburg (C‑280/00, EU:C:2003:415). | 0 |
864,724 | 43
As is apparent from the Court’s settled case-law, although Article 101 TFEU is concerned solely with the conduct of undertakings and not with laws or regulations emanating from Member States, that article, read in conjunction with Article 4(3) TEU, which lays down a duty of cooperation between the European Union and the Member States, none the less requires the latter not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (judgment of 4 September 2014, API and Others, C‑184/13 to C‑187/13, C‑194/13, C‑195/13 and C‑208/13, EU:C:2014:2147, paragraph 28 and the case-law cited). | 49 As to whether there is a contract, the national court must determine whether there has been an agreement between two separate persons. | 0 |
864,725 | 46. Whether they are adopted by a Member State on the basis of Article 10(1) of Directive 90/425 or by the Commission on the basis of Article 10(4) of that directive, precautionary measures must observe the principle of proportionality (see, to that effect, in relation to measures adopted by a Member State of destination, Case C-220/01 Lennox [2003] ECR I-7091, paragraph 76; in relation to measures adopted by the Commission, Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraphs 96 to 111, and Jippes , cited above, paragraph 113). | 33. It is necessary to examine next whether a restriction such as that at issue in the main proceedings, which concerns investments in immovable property, can be regarded as a restriction which existed on 31 December 1993. | 0 |
864,726 | 53. Nor does Article 4 of that directive contain any specific indications as regards the content of the measures of support for renewable energy whose adoption is thus encouraged, apart from the indications that such measures are to contribute to attaining the objectives set out in Articles 6 EC and 174(1) EC (see judgment in IBV & Cie , EU:C:2013:598, paragraph 65). | 85. As observed by the referring court and the Commission, and by the Advocate General in points 67 to 69 of her Opinion, so inflexible and restrictive a definition of when a number of subsequent employment contracts are successive would allow insecure employment of a worker for years since, in practice, the worker would as often as not have no choice but to accept breaks in the order of 20 working days in the course of a series of contracts with his employer. | 0 |
864,727 | 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. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,728 | 145. With regard to judicial review of the conditions referred to in the previous paragraph, the Community legislature must be allowed a broad discretion in an area such as that involved in the present case, which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. The legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institutions are seeking to pursue (see, to this effect, Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 58; Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 55 and 56; Case C-157/96 National Farmers’ Union and Others [1998] ECR I-2211, paragraph 61; and British American Tobacco (Investments) and Imperial Tobacco , paragraph 123). | 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 |
864,729 | 29. In this regard, the Court has many times held that where a transaction carried out by a capital company, such as, for example, the increase of its company capital, the amendment of its statutes or the acquisition of immoveable property following a merger, is subject to legal formalities under national law, that formality is necessary for carrying on that company’s business ( Albert Reiss Beteiligungsgesellschaft , EU:C:2007:385, paragraph 52; see also, to that effect, Commission v Greece , C‑426/98, EU:C:2002:180, paragraphs 12 and 30; and Badischer Winzerkeller , C‑264/04, EU:C:2006:402, paragraphs 26 to 29). | 35 While failure to notify technical regulations, which constitutes a procedural defect in their adoption, renders such regulations inapplicable inasmuch as they hinder the use or marketing of a product which is not in conformity therewith, it does not have the effect of rendering unlawful any use of a product which is in conformity with regulations which have not been notified. | 0 |
864,730 | 13 It is also settled case-law that the taxable amount for the supply of goods or services is represented by the consideration actually received for them. That consideration is thus the subjective value, that is to say, the value actually received, and not a value estimated according to objective criteria (see judgments in Case 154/80 Coöperatieve Aardappelenbewaarplaats [1981] ECR 445, paragraph 13; Case 230/87 Naturally Yours Cosmetics [1988] ECR 6365, paragraph 16; Case C-126/88 Boots Company [1990] ECR I-1235, paragraph 19; Case C-38/93 Glawe [1994] ECR I-1679, paragraph 8; Case C-33/93 Empire Stores [1994] ECR I-2329, paragraph 18, and Case C-288/94 Argos Distributors [1996] ECR I-5311, paragraph 16). | 43 For example, the category of projects entitled `Construction of motorways, express roads and lines for long-distance railway traffic and of airports ...' under point 7 in Annex I cannot correspond, as a class of projects, to the category under point 10 of Annex II, entitled `Infrastructure projects'; it must rather correspond to subdivision (d) within that point, which refers to `Construction of roads, harbours, including fishing harbours, and airfields (projects not listed in Annex I)'. | 0 |
864,731 | 46
The Court has held that the concept of ‘tax avoidance’, within the meaning of Article 27(1) of the Sixth Directive, corresponds to a purely objective phenomenon and that that provision permits the adoption of a measure derogating from the basic rule set out in Article 11A(1)(a) of that directive even where the taxable person carries on business not with any intention of obtaining a tax advantage but for commercial reasons (see, to that effect, judgment of 12 July 1988, Direct Cosmetics and Laughtons Photographs, 138/86 and 139/86, EU:C:1988:383, paragraphs 21 and 24). | À titre liminaire, il y a lieu de rappeler que, ainsi que la Cour l’a jugé, il convient de reconnaître un large pouvoir d’appréciation
au législateur de l’Union dans des domaines qui impliquent de la part de ce dernier des choix de nature politique, économique
et sociale, et dans lesquels il est appelé à effectuer des appréciations complexes. Elle en a déduit que seul le caractère
manifestement inapproprié d’une mesure adoptée dans ces domaines, par rapport à l’objectif que l’institution compétente entend
poursuivre, peut affecter la légalité d’une telle mesure (arrêts du 1er février 2007, Sison/Conseil, C‑266/05 P, EU:C:2007:75, point 33 ; du 28 novembre 2013, Conseil/Manufacturing Support & Procurement
Kala Naft, C‑348/12 P, EU:C:2013:776, point 120, et du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 77). | 0 |
864,732 | 43
In a context such as that of the case in the main proceedings, concerning a parent company in one Member State whose subsidiary is resident in another Member State which has more stringent rules on thin capitalisation, the granting, by the Member State in which the parent company is resident, of a tax exemption to that parent company for interest paid by that subsidiary up to the amount that the subsidiary was not entitled to deduct under the thin capitalisation rules of the latter Member State would not call into question the balanced allocation of the power to impose taxes and would constitute a measure less restrictive of freedom of establishment than that provided for in the legislation at issue in the main proceedings (see, by analogy, judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 52, and of 30 June 2011, Meilicke and Others, C‑262/09, EU:C:2011:438, paragraph 32). | 32. In a context such as that in the case in the main proceedings, the obligation of a Member State to eliminate double taxation on a natural person benefiting ultimately from dividends of foreign origin is limited to the deduction of the corporation tax paid by the dividend-paying company on dividends distributed, according to the law of the Member State in which the company is established, from the income tax payable by the shareholder in respect of those dividends. | 1 |
864,733 | 16 It must be recalled, in that respect, that the prohibition, laid down in those provisions, of measures having equivalent effect to quantitative restrictions applies, as the Court has consistently held, to any measure capable of hindering, directly or indirectly, actually or potentially, imports between Member States (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5). | 56. Where the substance or object in question is a production residue, that is to say, a product which is not itself wanted for subsequent use and which the holder cannot reuse on economically advantageous terms without prior processing, it must be regarded as a burden which the holder ‘discards’ (see Palin Granit , paragraphs 32 to 37, and Van de Walle , paragraph 46). | 0 |
864,734 | 29. The first point to be noted is that, according to settled case‑law, the statement of the reasons on which a judgment is based must clearly and unequivocally disclose the Court of First Instance’s thinking, so that the persons concerned can be apprised of the justification for the decision taken and the Court of Justice can exercise its power of review (see, inter alia, Case C‑259/96 P Council v de Nil and Impens [1998] ECR I‑2915, paragraphs 32 and 33, and Case C‑449/98 P IECC v Commission [2001] ECR I‑3875, paragraph 70). | 66. Eu égard à l’ensemble des considérations qui précèdent, il convient de répondre aux deuxième, troisième, cinquième et sixième questions que les articles 3 à 5 de la directive 93/13 doivent être interprétés en ce sens que, dans le cadre de son appréciation du caractère abusif, au sens de l’article 3, paragraphes 1 et 3, de cette directive, des clauses d’un contrat de crédit à la consommation, le juge national doit tenir compte de l’ensemble des circonstances entourant la conclusion de ce contrat. À cet égard, il lui incombe de vérifier que, dans l’affaire en cause, ont été communiqués au consommateur l’ensemble des éléments susceptibles d’avoir une incidence sur la portée de son engagement lui permettant d’évaluer, notamment, le coût total de son emprunt. Jouent un rôle décisif dans cette appréciation, d’une part, la question de savoir si les clauses sont rédigées de manière claire et compréhensible de sorte qu’elles permettent à un consommateur moyen, à savoir un consommateur normalement informé et raisonnablement attentif et avisé, d’évaluer un tel coût et, d’autre part, la circonstance liée à l’absence de mention dans le contrat de crédit à la consommation des informations considérées, au regard de la nature des biens ou des services qui font l’objet de ce contrat, comme étant essentielles, et en particulier celles visées à l’article 4 de la directive 87/102.
Sur les dépens | 0 |
864,735 | 67. Since, because of those exclusive rights, undertakings in the French traditional bakery sector cannot pay contributions to a scheme for supplementary reimbursement of healthcare costs managed by a different body, AG2R has a statutory monopoly in a substantial part of the common market and may be regarded as occupying a dominant position within the meaning of Article 102 TFEU (see, by way of analogy, Pavlov and Others , paragraph 126). | 76. En l’occurrence, ainsi qu’il a été constaté dans l’arrêt attaqué, les réunions du comité logistique de la FNAS, tenues entre entreprises concurrentes, dont Comap, et portant sur des éléments sensibles de la politique commerciale, notamment sur les prix, avaient un caractère anticoncurrentiel. Par conséquent, afin de renverser la présomption du caractère illicite de sa participation à ces réunions, Comap devrait apporter la preuve qu’elle s’est distancée publiquement du contenu de celles‑ci. | 0 |
864,736 | 20. First of all, it should be recalled that since the letter of formal notice is intended, inter alia, to define the subject-matter of the dispute in order to enable the Member State concerned to prepare its defence, it is not subject to the same requirements of precision as the reasoned opinion (see, inter alia, Commission v Italy , paragraphs 19 and 21). | 37. Les dispositions nationales de transposition de cette disposition ne sauraient donc limiter leur applicabilité au seul cas où la contestation de la légalité reposerait sur le moyen tiré de l’omission d’une évaluation de l’incidence sur l’environnement. Exclure cette applicabilité dans le cas où, ayant été réalisée, une évaluation de l’incidence sur l’environnement serait entachée de vices, même graves, priverait les dispositions de la directive 85/337 relatives à la participation du public de l’essentiel de leur effet utile. Une telle exclusion serait dès lors contraire à l’objectif visant à garantir un large accès aux instances juridictionnelles tel que visé à l’article 10 bis de cette directive. | 0 |
864,737 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts of the European Union ensure that the decision, which affects that person or entity concerned individually, is taken on a sufficiently solid factual basis. That entails a verification of the factual allegations in the summary of reasons underpinning that decision, with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated (see, to that effect, judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 119; Council v Fulmen and Mahmoudian, C‑280/12 P, EU:C:2013:775, paragraph 64; Council v Manufacturing Support & Procurement Kala Naft, C‑348/12 P, EU:C:2013:776, paragraph 73; Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 45; Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraph 46; Ipatau v Council, C‑535/14 P, EU:C:2015:407, paragraph 42; and Council v Bank Mellat, C‑176/13 P, EU:C:2016:96, paragraph 109). | 59. Clause 4(1) of the framework agreement prohibits, in respect of employment conditions, the treatment of fixed-term workers in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. | 0 |
864,738 | 50. According to the settled case-law of the Court, a restriction on a fundamental freedom is prohibited by the Treaty, even if it is of limited scope or minor importance (see, to that effect, regarding the free movement of capital, judgment in Dijkman and Dijkman-Lavaleije , C‑233/09, EU:C:2010:397, paragraph 42; and, regarding the freedom of establishment, judgments in Commission v France , C‑34/98, EU:C:2000:84, paragraph 49, and de Lasteyrie du Saillant , C‑9/02, EU:C:2004:138, paragraph 43). | 23 RECOURSE TO ARTICLE 29 ( 2 ) IS NOT SUBJECT TO ANY CONDITION AS TO PUBLICATION BUT ONLY TO THE CIRCUMSTANCE THAT THE RECRUITMENT IS OF GRADE A 1 OR A 2 OFFICIALS OR TO 'POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS '. | 0 |
864,739 | 40. Consequently, that latter procedure must be regarded as a special judicial procedure for the enforcement of judgments and, in other words, as a method of enforcement (Case C‑304/02 Commission v France , paragraph 92). Therefore, only a failure of a Member State to fulfil its obligations under the FEU Treaty which the Court has held, on the basis of Article 258 TFEU, to be well founded may be dealt with under that procedure (Case C‑457/07 Commission v Portugal [2009] ECR I‑8091, paragraph 47). | 45. The Court has repeatedly held that it has jurisdiction to give preliminary rulings on questions concerning EU provisions in situations where the facts of the cases being considered by the national courts were outside the scope of EU law but where those provisions of EU law had been rendered applicable by domestic law due to a reference made by that law to the content of those provisions (see, to that effect, Case C-482/10 Cicala [2011] ECR I-14139, paragraph 17 and case-law cited). | 0 |
864,740 | 20. As far as the concept of ‘immovable property’ is concerned, one of the essential characteristics of such property is that it is attached to a specific part of the earth’s surface. In that respect, the Court has previously held that a piece of land which is permanently delimited, even if it is underwater, can be classified as immovable property (see, to that effect, Case C-428/02 Fonden Marselisborg Lystbådehavn [2005] ECR I‑1527, paragraph 34). | 40. So far as Article 22(2) of Regulation No 44/2001 is concerned, the Court has already had the opportunity to rule that that provision must be interpreted as meaning that its scope covers only disputes in which a party is challenging the validity of a decision of an organ of a company under the company law applicable or under the provisions governing the functioning of its organs (judgment in Hassett and Doherty , C‑372/07, EU:C:2008:534, paragraph 26). | 0 |
864,741 | 35. Moreover, it follows from Article 34 of the Visa Code that, where a competent authority annuls a uniform visa, its basis for doing so must coincide with one of the grounds for refusal provided for in Articles 32(1) and 35(6) of the code (see, to that effect, judgment in Koushkaki , C‑84/12, EU:C:2013:862, paragraphs 42 and 43). Accordingly, the only ground for annulling a visa which directly concerns the travel document is, pursuant to Article 32(1)(a)(i) of that code, the situation in which the travel document presented at the time when the visa was issued was false, counterfeit or forged. It follows that the cancellation, after the visa has been issued, of the travel document to which the visa is affixed is not one of the reasons that may justify annulment of the visa by a competent authority. | 18 THE NOTICES OF PAYMENT WHICH WERE SUBSEQUENTLY SENT TO THE APPLICANT EACH MONTH AND WHICH CONTAINED A STATEMENT OF HIS PECUNIARY RIGHTS WHICH CORRESPONDED TO THE FIRST STATEMENT CANNOT CAUSE THOSE PERIODS TO START TO RUN AFRESH . AS THE COURT HAS CONSISTENTLY HELD ( JUDGMENT OF 14 APRIL 1970 IN CASE 24/69 , NEBE V COMMISSION , ( 1970 ) ECR 145 ; JUDGMENT OF 8 MAY 1973 IN CASE 33/72 , GUNNELLA V COMMISSION , ( 1973 ) ECR 475 ), A MEASURE WHICH CONTAINS NO NEW FACTOR AS COMPARED WITH A PREVIOUS MEASURE CONSTITUTES A PURELY CONFIRMATORY MEASURE AND CANNOT THEREFORE HAVE THE EFFECT OF SETTING A FRESH TIME-LIMIT IN FAVOUR OF THE PERSON TO WHOM THE EARLIER MEASURE WAS ADDRESSED .
| 0 |
864,742 | 54. First, it is settled case-law that the need for a uniform interpretation of Community directives makes it impossible for the text of a provision to be considered, in case of doubt, in isolation; on the contrary, it requires that it be interpreted and applied in the light of the versions existing in the other official languages (see, to that effect, Case C-296/95 EMU Tabac and Others [1998] ECR I‑1605, paragraph 36; Case C-321/96 Mecklenburg [1998] ECR I-3809, paragraph 29; and Case C‑498/03 Kingscrest Associates and Montecello [2005] ECR I-4427, paragraph 26). | 32. Such sanctions may not, however, be manifestly disproportionate to the aim pursued, which is to ensure the efficient conduct of proceedings in the interests of the sound administration of justice. | 0 |
864,743 | 29. It follows that, if a public authority becomes a minority shareholder in a company limited by shares with wholly public capital for the purpose of awarding the management of a public service to that company, the control that the public authorities which are members of that company exercise over it may be categorised as similar to the control they exercise over their own departments when it is exercised by those authorities jointly ( Sea , paragraph 63). | 23 In this respect, it must be borne in mind that the object of Article 3(1) of Regulation No 1408/71 is to ensure, in accordance with Article 48 of the Treaty, equal treatment in matters of social security, without distinction based on nationality, for the persons to whom that regulation applies by abolishing all discrimination in that regard deriving from the national legislation of the Member States (Case C-131/96 Mora Romero v Landesversicherungsanstalt Rheinprovinz [1997] ECR I-3659, paragraph 29). | 0 |
864,744 | 33. The Court has thus held that, although certain actions between a public authority and a person governed by private law may come within the scope of Regulation No 44/2001, it is otherwise where the public authority is acting in the exercise of its public powers (see, inter alia, to that effect Case C‑420/07 Apostolides [2009] ECR I‑3571, paragraph 43 and the case-law cited, and Case C‑154/11 Mahamdia [2012] ECR I‑0000, paragraph 56). | 67. En vertu d’une jurisprudence constante, une dénaturation alléguée des faits doit ressortir de façon manifeste des pièces du dossier sans qu’il soit nécessaire de procéder à une nouvelle appréciation des faits et des preuves (voir arrêts du 6 avril 2006, General Motors/Commission, C‑551/03 P, Rec. p. I‑3173, point 54; du 21 septembre 2006, JCB Service/Commission, C‑167/04 P, non encore publié au Recueil, point 108, et du 18 janvier 2007, PKK et KNK/Conseil, C‑229/05 P, non encore publié au Recueil, point 37). | 0 |
864,745 | 33
It is settled case-law that the standstill clauses set out in Article 13 of Decision No 1/80 and Article 41(1) of the Additional Protocol prohibit generally the introduction of new internal measures which are intended to or have the effect of making the exercise by a Turkish citizen of an economic freedom subject, on the territory of the Member State concerned, to conditions more stringent than those which were applicable at the date of entry into force of that decision or that protocol as regards that Member State (see, to that effect, judgments in Savas, C‑37/98, EU:C:2000:224, paragraph 69, and Sahin, C‑242/06, EU:C:2009:554, paragraph 63 and the case-law cited). | 44. Or, ainsi que la Cour l’a déjà souligné, lorsqu’un État membre a singulièrement fait le choix dans le cadre du ou de ses «plans de gestion des déchets», au sens de l’article 7, paragraphe 1, de la directive 2006/12, d’organiser la couverture de son territoire sur une base régionale, il convient d’en déduire que chaque région dotée d’un plan régional devra assurer, en principe, le traitement et l’élimination de ses déchets au plus près du lieu de leur production. En effet, le principe de correction, par priorité à la source, des atteintes à l’environnement, principe établi pour l’action de l’Union en matière d’environnement à l’article 191 TFUE, implique qu’il appartient à chaque région, commune ou autre entité locale de prendre les mesures appropriées afin d’assurer la réception, le traitement et l’élimination de ses propres déchets et que ceux-ci doivent donc être éliminés aussi près que possible du lieu de leur production, en vue de limiter leur transport autant que faire se peut (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 67). | 0 |
864,746 | 53. The rules on limitation or on recovery of sums paid though not due must therefore be sought in the national law of the Member State concerned (with regard to the limitation of actions, see Case 35/74 Rzepa [1974] ECR 1241, paragraphs 12 and 13, in relation to Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers (Journal Officiel 1958 30, p. 561), and to Regulation No 4 of the Council of 3 December 1958 laying down detailed rules for the implementation of and supplementing the provisions of Regulation No 3 (Journal Officiel 1958 30, p. 597), but the result of which is applicable by analogy to Regulations Nos 1408/71 and 574/72). | 19 As regards the first of those points, the concept of an undertaking, in the context of competition law, covers any entity engaged in an economic activity, regardless of the legal status of the entity or the way in which it is financed (Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I-6451, paragraph 74). Any activity consisting in offering goods and services on a given market is an economic activity (Pavlov and Others, paragraph 75). | 0 |
864,747 | 31
It follows that, in applying national law, national courts called upon to interpret that law are required to consider the whole body of rules of law and to apply methods of interpretation that are recognised by those rules in order to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third paragraph of Article 288 TFEU (see, inter alia, judgments in Pfeiffer and Others, C‑397/01 to C‑403/01, EU:C:2004:584, paragraphs 113 and 114, and Kücükdeveci, C‑555/07, EU:C:2010:21, paragraph 48). | 20. It is therefore clear that new taxable persons are subject to conditions for the refund of excess VAT which are more onerous than those to which other taxable persons are subject. Accordingly they have to bear, at least to the extent of the amount of excess VAT to be repaid, the financial burden of VAT for a particularly long period. | 0 |
864,748 | 157. In those circumstances, since the reasoning of the judgment under appeal discloses an infringement of European Union law but the operative part of that judgment is well founded on other legal grounds, so that the appeal must be dismissed (see, to that effect, Salzgitter v Commission , paragraph 58), the error of law committed by the General Court, found in paragraph 134 above, has no effect on the examination of the appeal.
C – Fourth ground of appeal: infringement of the rules on limitation periods
1. Arguments of the parties | 67. It follows from all the foregoing that, in the absence of scientific studies capable of rebutting the results of IBA 2000, that inventory is the most up-to-date and accurate reference for identifying the most suitable sites in number and in size for the conservation of the species listed in Annex I and for the regularly occurring migratory species not listed in that annex.
The first part of the first complaint
– Arguments of the parties | 0 |
864,749 | 43. The right of Member State nationals and their spouses to enter and remain on the territory of another Member State is not, however, unconditional. Among the limits laid down or authorised by Community law, Article 2 of Directive 64/221 enables Member States to prohibit nationals of other Member States or their spouses who are nationals of third countries from entering their territory on grounds of public policy or public security (see, with respect to spouses, MRAX , paragraphs 61 and 62). | 62 The answer to the first question referred for a preliminary ruling must therefore be that, on a proper construction of Article 3 of Directive 68/360, Article 3 of Directive 73/148 and Regulation No 2317/95, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.
Question 2
Observations submitted to the Court | 1 |
864,750 | 84. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 80. As the Advocate General observes in point 99 of her Opinion, the requirements of coherence of the tax system and the balanced allocation of powers of taxation coincide. | 0 |
864,751 | 50
The Court has, moreover, held in relation to a similar obligation under Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ 1983 L 24, p. 1), that fishery conservation measures need not be completely consistent with the scientific advice and the absence of such advice or the fact that it is inconclusive cannot prevent the Council from adopting such measures as it deems necessary for achieving the objectives of the CFP (see, by analogy, judgment in Mondiet, C‑405/92, EU:C:1993:906, paragraph 31). | 51. Therefore, in light of the foregoing, it does not appear that the link between the legal aid services provided by public offices and the payment to be made by the recipients is sufficiently direct for that payment to be regarded as consideration for those services and, accordingly, for those services to be regarded as economic activities for the purposes of Article 2(1) and Article 4(1) and (2) of the Sixth Directive. | 0 |
864,752 | 22. The first sentence of Article 6(3) of the Habitats Directive makes the requirement of an appropriate assessment of the implications of a plan or project conditional on there being a probability or a risk that that plan or project will have a significant effect on the site concerned (Case C-127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I-7405, paragraph 43). That condition is fulfilled if it cannot be excluded, on the basis of objective information, that that plan or project will have a significant effect on the site concerned (see, to that effect, Case C-418/04 Commission v Ireland [2007] ECR I-10947, paragraph 227). | 50
The same cannot be said, however, of courses provided by certain establishments which are integrated into a system of public education and financed, entirely or mainly, by public funds. Indeed, in establishing and maintaining such a system of public education, which is, as a general rule, financed from public funds and not by pupils or their parents, the State is not seeking to engage in gainful activity, but is fulfilling its social, cultural and educational obligations towards its population (see, by analogy, judgments of 11 September 2007, Schwarz and Gootjes-Schwarz, C‑76/05, EU:C:2007:492, paragraph 39, and of 11 September 2007, Commission v Germany, C‑318/05, EU:C:2007:495, paragraph 68). | 0 |
864,753 | 30. It must be pointed out in that connection that, unlike the scheme provided for under Article 6(1) of Decision No 1/80, which is based on legal employment for certain periods, the relevant criterion for the first paragraph of Article 7 of that decision to apply is thus lawful residence with the Turkish migrant worker. After so residing for a certain period of time, the person concerned receives the right to work, but the first paragraph of Article 7 does not, however, impose an obligation to do so or make it a condition for the acquisition of a right guaranteed by Decision No 1/80 (see, to that effect, inter alia, Case C-373/03 Aydinli [2005] ECR I-6181, paragraphs 29 and 31; Case C-325/05 Derin [2007] ECR I-6495, paragraph 56; and Case C‑453/07 Er [2008] ECR I-7299, paragraphs 31 to 34). The situation of a Turkish national such as the person at issue in the main proceedings with regard to employment is therefore irrelevant. | 27. Such immunity, which is that relied upon by Mr Marra in the disputes in the main proceedings, must, to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, be considered as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties. | 0 |
864,754 | 32. The existence of a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, Case C-251/95 SABEL [1997] ECR I-6191, paragraph 22; Lloyd Schuhfabrik Meyer , paragraph 18; Medion , paragraph 27; OHIM v Shaker , paragraph 34; and Nestlé v OHIM , paragraph 33). | 46 For the rest, the Commission's action must be dismissed. | 0 |
864,755 | 143. It is settled case-law that, in principle, it is for the natural or legal person managing the undertaking in question when the infringement was committed to answer for that infringement, even if, at the date of the decision finding the infringement, the operation of the undertaking was no longer his responsibility (Case C‑248/98 P KNP BT v Commission [2000] ECR I‑9641, paragraph 71; Case C‑279/98 P Cascades v Commission [2000] ECR I‑9693, paragraph 78; Case C‑286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 37; and Case C‑297/98 P SCA Holding v Commission [2000] ECR I‑10101, paragraph 27). | 62. Furthermore, like the allowances paid to offset accommodation costs, these allowances are paid to compensate for living costs actually incurred by the workers on account of their posting. | 0 |
864,756 | 26 According to settled case-law, the concepts used in Articles 13 and 14 of the Convention must be interpreted independently, by reference principally to the system and objectives of the Convention (see, in particular, Case 150/77 Bertrand v Ott [1978] ECR 1431, paragraphs 14, 15, 16 and 19, Case C-89/91 Shearson Lehman Hutton v TVB [1993] ECR I-139, paragraph 13, and Case C-269/95 Benincasa v Dentalkit [1997] ECR I-3767, paragraph 12). | 34 More precisely, tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the adjudicating authority (see, to this effect, Case C-87/94 Commission v Belgium [1996] ECR I-2043, paragraph 54). | 0 |
864,757 | 29. In view of the foregoing, there is no need to consider whether the combined national provisions at issue in the main action are contrary to the principle of freedom of establishment under Article 49 TFEU (see, to that effect, Case C‑456/98 Centrosteel [2000] ECR I‑6007, paragraph 18). | 21NEVERTHELESS IT IS POSSIBLE FOR SUCH A PRACTICE TO BE FOLLOWED BY THE PROPRIETOR OF THE MARKS AS PART OF A SYSTEM OF MARKETING INTENDED TO PARTITION THE MARKETS ARTIFICIALLY .
| 0 |
864,758 | 62. It must be recalled in that regard that, according to the case-law of the Court, although the Member States are not obliged to adopt measures to transpose a directive before the end of the period prescribed for transposition, it follows from the second paragraph of Article 10 EC in conjunction with the third paragraph of Article 249 EC and from that directive itself that during that period they must refrain from taking any measures liable seriously to compromise the result prescribed by that directive (see, inter alia, Case C-129/96 Inter-Environnement Wallonie [1997] ECR I-7411, paragraph 45, and Case C-138/05 Stichting Zuid-Hollandse Milieufederatie [2006] ECR I-8339, paragraph 42). | 19 However, the present case differs from Schindler in a number of respects. | 0 |
864,759 | 221. According to settled case-law, 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 be to allow it to bring before the Court, whose jurisdiction in appeals is limited, a case of wider ambit than that which came before the Court of First Instance. In an appeal, the Court’s jurisdiction is confined to a review of the findings of law on the pleas argued before the Court of First Instance (see, in particular, Dansk Rørindustri and Others v Commission , paragraph 165). | 47 Since, moreover, the E 101 certificate is binding on that competent institution, there can be no justification for the person who calls on that worker's services not to act upon that certificate. If he has doubts as to the validity of the certificate, that person must however inform the institution in question. | 0 |
864,760 | 197. The Member States are under a duty, by virtue of Article 10 EC, to facilitate the achievement of the Commission’s tasks, which consist in particular, in accordance with Article 211 EC, in ensuring that the measures taken by the institutions pursuant to the Treaty are applied (see, in particular, Case C-33/90 Commission v Italy [1991] ECR I-5987, paragraph 18). | 88. It is thus clear that the infringement of which the Italian Republic is accused lasted for a quite considerable period which in any event had no relation to the difficulties in recovering the aid paid under a scheme that had been declared unlawful and incompatible with the common market. | 0 |
864,761 | 24. However, the fact that the contract at issue in the main proceedings is capable of falling, as the case may be, either under Directive 2004/18 or the fundamental rules and general principles of the FEU Treaty does not affect the answer to be given to the question posed. The criteria laid down in the case-law of the Court in order to determine whether an invitation to tender is mandatory or not are relevant both with regard to the interpretation of that directive and with regard to the interpretation of those rules and principles of the FEU Treaty (see, to that effect, Case C-573/07 Sea [2009] ECR I-8127, paragraphs 35 to 37). | 61. Nor is there any indication that the fact that the Commission did not inform Dalmine during the investigation stage that it was in possession of the minutes might have an impact on Dalmine’s subsequent possibilities of defending itself during the administrative procedure initiated by the notification of the statement of objections (see, by analogy, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission , paragraphs 48 to 50 and 56). | 0 |
864,762 | 82. Secondly, in the case of an aid programme, the Commission may confine its examination to the characteristics of the programme in question in order to determine whether it gives an appreciable advantage to the recipients in relation to their competitors (Case C‑75/97 Belgium v Commission [1999] ECR I‑3671, paragraph 48). It is not required to examine each particular case in which the regime applies (Case C-278/00 Greece v Commission [2004] ECR I-3997, paragraph 24, and the case-law cited there). | 84. In that regard, it must be held that the Court of First Instance did not commit any error of law in disregarding the appellant’s argument that use of the trade mark Bridge (No 370836) during the reference period was established by evidence adduced for the purpose of demonstrating use of the trade mark THE BRIDGE (No 642952). | 0 |
864,763 | 46 As regards the first part of the question, it should be borne in mind first of all, that, according to settled case-law, the need for a uniform interpretation of Community regulations makes it impossible for the text of a provision to be considered in isolation but requires, on the contrary, that it should be interpreted and applied in the light of the versions existing in the other official languages (see, to that effect, Case C-296/95 EMU Tabac and Others [1998] ECR I-1605, at paragraph 36). | 58. Nevertheless, as Article 30 EC provides, the provisions of Article 28 EC do not preclude prohibitions or restrictions on imports, exports or goods in transit justified inter alia on grounds of protection of the health and life of humans. | 0 |
864,764 | 52. The suitability of tenderers is to be checked by the authorities awarding contracts in accordance with the criteria of economic and financial standing and of technical capability (the ‘qualitative selection criteria’) referred to, in the present case, in Articles 30 and 31 of Directive 93/38 (see, by analogy, Beentjes , paragraph 17, and Lianakis and Others , paragraph 27). | 47. An examination of the rules for applying that measure confirms that conclusion. Although it is possible to benefit from suspension of payment, that is not automatic and it is subject to strict conditions such as those described by the Advocate General in points 36 and 37 of his Opinion, including, in particular, conditions as to the setting up of guarantees. Those guarantees in themselves constitute a restrictive effect, in that they deprive the taxpayer of the enjoyment of the assets given as a guarantee. | 0 |
864,765 | 23
It is apparent from the settled case-law of the Court that the general principle which ensures that any person has the right to plead, in an action brought against a national measure which adversely affects that person, that the EU act on which that measure is based is invalid does not preclude such a right from being subject to the condition that the person concerned did not have the right to apply directly to the Courts of the European Union for annulment of that act under Article 263 TFEU. However, it is only if it can be held that a person would undoubtedly have been entitled to apply for the annulment of the act in question under the conditions laid down in that article that that person is prevented from pleading before the national court having jurisdiction that the act is invalid (see, to that effect, judgments in TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraph 23; Valimar, C‑374/12, EU:C:2014:2231, paragraphs 28 and 29; and TMK Europe, C‑143/14, EU:C:2015:236, paragraph 18). | 18 The first condition is that losses carried forward must be economically linked to the income earned in the Member State in which tax is charged, so that only losses arising from the non-resident taxpayer's activities in that State can be carried forward. | 0 |
864,766 | 33. Consequently, even if, formally, the questions referred concern principally the interpretation of Article 20 of Regulation No 1896/2006, that does not prevent this Court from providing the referring court with all the elements of interpretation of EU law that may be of assistance in adjudicating in the cases in the main proceedings. It is, in this regard, for the Court to extract from all the information provided by the national court, in particular from the grounds of the decisions to make the reference, the points of EU law which require interpretation in view of the subject-matter of the disputes ( Worten , EU:2013:355, paragraph 31 and the case-law cited). | 29 The Federal Republic of Germany argues secondly that the Regulation is vitiated by a defective statement of reasons, in that it refers only to the first proposal from the Commission. | 0 |
864,767 | 60. However, the errors of law thus made by the Court of First Instance as regards the duty to state reasons and the scope of the judgment in Atlanta v European Community do not invalidate the contested judgment, if the operative part thereof and in particular the rejection of the plea at first instance concerning the SPS Agreement, appears founded on other legal grounds (see to that effect Case C-367/95 P Commission v Sytraval and Brink ' s France [1998] ECR I-1719, paragraph 47). | 83. In any event, in the light of the circumstances of the present case and, in particular, the extent of the damage to Mr Abdulrahim’s reputation resulting from his inclusion on the list at issue, his interest in bringing proceedings continues to exist for the purpose of seeking annulment of Regulation No 1330/2008 in so far as it concerns him and of securing, should his action be upheld, his rehabilitation and, thus, some form of reparation for the non-material harm suffered by him. | 0 |
864,768 | Secondly, to grant the exemption provided for in Article 13B(d)(3) of the Sixth Directive to a card processing service, such
as that at issue in the main proceedings, would run counter to the objectives pursued by the exemption of financial transactions
which seeks to alleviate the difficulties connected with determining the tax base and the amount of VAT deductible and to
avoid an increase in the cost of consumer credit (judgment of 19 April 2007 in Velvet & Steel Immobilien, C‑455/05, EU:C:2007:232, paragraph 24 and the order of 14 May 2008 in Tiercé Ladbroke and Derby, C‑231/07 and C‑232/07, not published, EU:C:2007:332, paragraph 24). | 38. Since the conflict rules laid down by Regulation No 1408/71 are thus mandatory for the Member States, the Court has previously held that a fortiori it cannot be accepted that insured persons falling within the scope of those rules can counteract their effects by being able to elect to withdraw from their application. The application of the system of conflict rules established by that regulation depends solely on the objective situation of the worker concerned (see, to that effect, judgment in van Delft and Others , C‑345/09, EU:C:2010:610, paragraph 52 and the case-law cited). | 0 |
864,769 | 50
First, as regards the principle of equivalence, it should be borne in mind that this requires that all the rules applicable to actions apply without distinction to actions alleging infringement of EU law and to similar actions alleging infringement of national law (see, to that effect, judgments of 16 January 2014, Pohl, C‑429/12, EU:C:2014:12, paragraph 26, and of 20 October 2016, Danqua, C‑429/15, EU:C:2016:789, paragraph 30). | 90 In view of that reasoning, the Court of First Instance must be considered to have concluded correctly that the information exchange system reduces or removes the degree of uncertainty as to the operation of the market and that the system is therefore liable to have an adverse influence on competition between manufacturers. | 0 |
864,770 | 88. Furthermore, since Article 30 EC provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk for public health ( Sandoz , paragraph 22; van Bennekom , paragraph 40; Commission v Denmark , paragraph 46; and Commission v France , paragraph 53). | 49. It is for the referring court, by means of an analysis of all the circumstances of the dispute in the main proceedings, to ascertain whether the contractual terms do not genuinely reflect economic reality and whether it is Mr Newey, and not Alabaster, who was actually the supplier of the loan broking services at issue and the recipient of the supplies of advertising services provided by Wallace Barnaby. | 0 |
864,771 | 25. In that regard, it must be recalled that, so far as concerns the period ending on 31 December 2003, the Member States were obliged, under Article 1(1) of Directive 92/81, to impose on ‘mineral oils’ within the meaning thereof a harmonised excise duty. From 1 January 2004, the Member States were thenceforth obliged, under Article 1 of Directive 2003/96, which repealed Directive 92/81, to tax ‘energy products’ within the meaning of Directive 2003/96, which is intended to impose, as stated in recitals 2 and 3 of its preamble, minimum levels of taxation at Community level for most of those energy products rather than for mineral oils alone (see, to that effect, Joined Cases C‑145/06 and C‑146/06 Fendt Italiana [2007] ECR I‑5869, paragraph 32). | 25. The Court has, in particular, already held that it must be accepted that, where the goods to be valued were bought free of defects but were damaged before their release for free circulation, the price actually paid or payable must be reduced in proportion to the damage suffered, since it is an unforeseeable reduction in the commercial value of the goods (see Repenning , paragraph 18, and Unifert , paragraph 35). | 0 |
864,772 | 35
In that regard, it should be noted that the limitation on the exercise of the right to liberty resulting from the first subparagraph of Article 8(3)(a) and (b) of Directive 2013/33 is provided for by EU legislation and that it does not affect the essence of the right to liberty laid down in Article 6 of the Charter. The first subparagraph of Article 8(3)(a) and (b) of that directive does not render the guarantee of that right less secure and — as is apparent from the wording of the provision and recital 15 of the directive — the power that it confers on Member States enables them to detain an applicant only on the basis of his individual conduct and under the exceptional circumstances referred to in the same provision, those circumstances also being circumscribed by all the conditions set out in Articles 8 and 9 of the directive (see, by analogy, judgment of 15 February 2016, N., C‑601/15 PPU, EU:C:2016:84, paragraphs 51 and 52). | 37. It should be remembered at the outset that the principle of freedom to provide services laid down in Article 49 EC includes the freedom for recipients of services to go to another Member State in order to receive a service there, without being hindered by restrictions, and that tourists must be regarded as recipients of services (Case C-348/96 Calfa [1999] ECR I-11, paragraph 16). | 0 |
864,773 | 52. It is important to bear in mind that the system set up by Regulation No 1408/71 is based on mere coordination of national laws in the field of social security and is not intended to harmonise them (see, to that effect, Case 313/86 Lenoir [1988] ECR 5391, paragraph 13). | 49. First, it can be seen from the first two recitals in the preamble to Regulation No 1798/2003 that its purpose is to combat tax evasion and tax avoidance and to ensure compliance with the laws on VAT, to the benefit of the national budgets and of the sound operation of the internal market. | 0 |
864,774 | 177. It follows from this that Article 82 EC prohibits a dominant undertaking from, inter alia, adopting pricing practices which have an exclusionary effect on its equally efficient actual or potential competitors, that is to say practices which are capable of making market entry very difficult or impossible for such competitors, and of making it more difficult or impossible for its co-contractors to choose between various sources of supply or commercial partners, thereby strengthening its dominant position by using methods other than those which come within the scope of competition on the merits. From that point of view, therefore, not all competition by means of price can be regarded as legitimate (see, to that effect, Nederlandsche Banden-Industrie-Michelin v Commission , paragraph 73; AKZO v Commission , paragraph 70; and British Airways v Commission , paragraph 68). | 23 THAT INTERPRETATION IS DICTATED BY THE PRINCIPLE ACCORDING TO WHICH THE PROVISIONS ESTABLISHING THE FREE MOVEMENT OF WORKERS, WHICH CONSTITUTE ONE OF THE FOUNDATIONS OF THE COMMUNITY, MUST BE CONSTRUED BROADLY ( SEE, MOST RECENTLY, THE JUDGMENT OF 3 JUNE 1986 IN CASE 133/75 KEMPF (( 1986 )) ECR 1741 AT P . 1746 ). MOREOVER, IT CORRESPONDS TO THE WORDING OF THE PROVISION IN QUESTION, WHOSE GERMAN LANGUAGE VERSION (" UNTERHALT GEWAEHREN ") AND GREEK LANGUAGE VERSION ("**' **** ***********") ARE PARTICULARLY CLEAR IN THAT RESPECT . | 0 |
864,775 | 40. That restriction of the scope of Directive 2001/83 is clear, furthermore, from recital 6 in the preamble to Regulation No 1394/2007, which recalls that the regulation of medicinal products which are prepared industrially or manufactured by a method involving an industrial process is ‘in accordance with the general scope of the [EU] pharmaceutical legislation laid down in Title II of Directive 2001/83’ (see also, to that effect, judgments in Hecht-Pharma , C‑140/07, EU:C:2009:5, paragraphs 21 and 22, and Octapharma France , C‑512/12, EU:C:2014:149, paragraphs 29 and 30). | 32. According to the Court, criteria such as the calorific value of the waste, the amount of harmful substances contained in the incinerated waste or whether or not the waste has been mixed cannot, by contrast, be taken into consideration ( Commission v Germany , paragraph 47). | 0 |
864,776 | 60. According to the Court’s case-law, health care establishments and infrastructure, pharmacies and opticians’ shops may be subject to planning, so as to ensure the provision of public health care which is adapted to the needs of the population, covers the entire territory and takes account of geographically isolated or otherwise disadvantaged regions (see, to that effect, judgments in Hartlauer , C‑169/07, EU:C:2009:141, paragraphs 51 and 52; Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 70, and Ottica New Line di Accardi Vincenzo , C‑539/11, EU:C:2013:591, paragraphs 36 and 37). | 36 It follows that the fact that the discipline is the outcome of an agreement between the Member States and the Commission cannot alter the objective significance of its terms or its binding effect. | 0 |
864,777 | 23. Moreover, that case-law was confirmed by Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88] of the EC Treaty (OJ 1999 L 83, p. 1), in particular Article 14(3) thereof, which provides that recovery is to be effected without delay and in accordance with the procedures laid down by the national law of the Member State concerned (see Case C-209/00 Commission v Germany , paragraph 33). | 63 It should be noted in that regard that the applicant did not merely oppose specific measures, which, in its view, went beyond the powers of the Commission' s officials; it refused to cooperate in any way in the implementation of the decision addressed to it ordering the investigation . | 0 |
864,778 | 33. However, the Court has also held that Articles 4(1)(c) and 5(1)(a) of Directive 69/355 do not specify the point at which the chargeable event for capital duty occurs (Case C‑339/99 ESTAG [2002] ECR I‑8837, paragraph 49). | 60 Secondly, according to settled case-law, a Member State cannot plead provisions, practices or situations in its internal legal system to justify non-compliance with obligations arising from rules of Community law (see Case C-52/91 Commission v Netherlands [1993] ECR I-3069, paragraph 36, and Joined Cases C-418/00 and C-419/00 Commission v France, cited above, paragraph 59). The specific arguments advanced by the United Kingdom to justify its failure to take penal or administrative action in certain cases therefore cannot be upheld. | 0 |
864,779 | 34. As regards Article 20 TFEU, the Treaty provisions on citizenship of the Union do not confer any autonomous right on third-country nationals (Case C‑40/11 Iida [2012] ECR I‑0000, paragraph 66). | 44
Secondly, according to the Court’s settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see judgment in Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, paragraph 34 and the case-law cited). | 0 |
864,780 | 37 Likewise, the Court, having regard to the circumstances of the case, held that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties (Brasserie du Pêcheur and Factortame, paragraph 51; Dillenkofer, paragraphs 21 and 23; Denkavit, paragraph 48; Brinkmann, paragraph 25; see also Case C-140/97 Rechberger and Others v Austria [1999] ECR I-3499, paragraph 21; and Case C-424/97 Haim v Kassenzahnärztliche Vereinigung Nordrhein [2000] ECR I-5123, paragraph 36). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,781 | 37 As was held in Case C-217/91 Spain v Commission [1993] ECR I-3293, paragraph 20, the prohibition, set out in Article 5(1) of Regulation No 1576/89, of the use of a name referred to in Article 1(4) to describe spirit drinks other than those referred to therein, is fully applicable, subject only to the reservation that the Council intended to permit the Commission to derogate expressly from Article 5 in the exercise of the powers conferred on it by Article 6(1). | 37. In this connection, it was noted in paragraph 13 above that the AMS is an association governed by private law, even if it has a social objective. It follows from this that, because of the legal nature of the AMS, the defendants in the main proceedings cannot rely on the provisions of Directive 2002/14, as such, against that association (see, to that effect, Case C‑282/10 Dominguez [2012] ECR, paragraph 42). | 0 |
864,782 | 42 Further, where there is divergence between the various language versions of a Community text, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (see, inter alia, Case C-372/88 Milk Marketing Board of England and Wales v Cricket St Thomas Estate [1990] ECR I-1345, paragraph 19). | 52. Second, the ‘polluter pays’ principle does not preclude the Member States from varying, on the basis of categories of users determined in accordance with users’ respective capacities to produce urban waste, the contribution of each of those categories to the overall cost necessary to finance the system for the management and disposal of urban waste. | 0 |
864,783 | 61. In that regard it should be borne in mind that according to settled case-law, in the absence of EU rules in the field, it is for the national legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, provided that such rules are not less favourable than those governing similar national actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by EU law (principle of effectiveness) (see, inter alia, judgment in Fiamingo and Others , C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 63 and the case-law cited). | 64. The Commission observes that the statistics submitted by the French Government before the period laid down in the supplementary reasoned opinion of 6 June 2000 expired are too general in that they concern the whole of France and do not specify the nature of the infringements in respect of which proceedings were brought. | 0 |
864,784 | 77. Similarly, in the case of a regulation, the statement of reasons may be limited to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to achieve, on the other (judgments in Abrias and Others v Commission , 3/83, EU:C:1985:283, paragraph 30, and Spain v Council , C‑342/03, EU:C:2005:151, paragraph 55). Consequently, it is not possible to require that the Union institutions should set out the various facts, which are often very numerous and complex, on the basis of which the regulation was adopted, or a fortiori that they should provide a more or less complete evaluation of those facts (see, to that effect, judgment in Beus , 5/67, EU:C:1968:13, paragraph 4). | 181. As that list and the relative explanatory notes show, the concept of direct investments concerns investments of any kind undertaken by natural or legal persons and which serve to establish or maintain lasting and direct links between the persons providing the capital and the undertakings to which that capital is made available in order to carry out an economic activity. | 0 |
864,785 | 58. The Court stated in that regard that such a requirement is aimed at preserving, in addition to business secrecy, expressly referred to in Article 28, undertakings’ rights of defence, which Article 20(4) is intended to safeguard. Those rights would be seriously endangered if the Commission were able to rely on evidence against undertakings which was obtained during an investigation but was not related to the subject-matter or purpose thereof (see, to that effect, judgment in Dow Benelux v Commission , 85/87, EU:C:1989:379, paragraph 18). | 31
As regards the applicability of Directive 2014/24, it should be noted that the contract notice at issue in the main proceedings was published on 7 March 2015, that is, before the expiry date of the period for transposition of the relevant provisions of Directive 2014/24, fixed at 18 April 2016 under Article 90(1) thereof. | 0 |
864,786 | 6 THE SECOND ' ' NEW FACT ' ' ALLEGEDLY CONSISTS OF WRONG INTERPRETATION OF THE JUDGMENT IN THE PORRINI CASE ( CASE 65/74 OF 11 MARCH 1975 , ( 1975 ) ECR 319 ) IN REGARD TO THE PREVIOUS CLASSIFICATION OF THE APPLICANTS ; THIS MISTAKE ( WHICH IS , IN THE WORDS OF THE APPLICANTS ' ' INCOMPREHENSIBLE ' ' AND EVEN ' ' NOT PLAUSIBLE ' ' ) IS SAID TO BE CONTAINED IN PARAGRAPHS 5 TO 7 OF THE CONTESTED JUDGMENT . IT IS NOT NECESSARY TO DEMONSTRATE HERE THAT THE CONTESTED JUDGMENT AND THE PORRINI JUDGMENT CLEARLY FOLLOW THE SAME COURSE IN THE CASE-LAW OF THE COURT AND BOTH STATE THAT AN APPLICANT CLAIMING A CERTAIN STATUS IS ENTITLED TO THE RIGHTS OF ACTION ATTACHING TO THAT STATUS ( WHICH MEANS THAT IN THIS CASE THE APPLICANTS , AS LOCAL AGENTS , WERE ENTITLED TO BRING AN ACTION FOR RECOGNITION AS TEMPORARY EMPLOYEES ). IT IS SUFFICIENT TO STATE THAT THIS APPLICATION TO THE PRESENT CASE OF THE CASE-LAW CONTAINED IN THE PORRINI JUDGMENT IS IN NO SENSE A NEW FACT AND THAT THE ACTION IS CLEARLY INADMISSIBLE AS REGARDS THIS SECOND POINT .
| 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 |
864,787 | 24 However, for advantages to be capable of being categorised as aid within the meaning of Article 87(1) EC, they must, first, be granted directly or indirectly through State resources (see Joined Cases C-72/91 and C-73/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraph 19; Case C-189/91 Kirsammer-Hack v Sidal [1993] ECR I-6185, paragraph 16; Joined Cases C-52/97 to C-54/97 Viscido and Others v Ente Poste Italiane [1998] ECR I-2629, paragraph 13; Case C-200/97 Ecotrade v Altiformi e Ferriere di Servola [1998] ECR I-7907, paragraph 35; Case C-295/97 Piaggio v International Factors Italia (Ifitalia), Dornier Luftfahrt, Ministero della Difesa [1999] ECR I-3735, paragraph 35; and Case C-379/98 PreussenElektra v Schleswag [2001] ECR I-2099, paragraph 58) and, second, be imputable to the State (Van der Kooy, paragraph 35; Case C-303/88 Italy v Commission [1991] ECR I-1433, paragraph 11; Case C-305/89 Italy v Commission, cited above, paragraph 13).
The first part of the first plea in law
Arguments of the parties | 76. Where the company vehicle is intended to be used essentially in Denmark on a permanent basis or where it is in fact used in that manner, the situation is comparable to that at issue in Cura Anlagen . | 0 |
864,788 | 17 The Court has further held in Case C-85/94 Piageme v Peeters [1995] ECR I-2955 (`Piageme II') that Article 14 of the directive precludes a Member State, having regard to the requirement of a language easily understood by purchasers, from requiring the use of the language most widely spoken in the area in which the product is offered for sale, even if the use at the same time of another language is not excluded. | 39 Consequently, the fact that a worker can claim retroactively to join an occupational pension scheme does not allow him to avoid paying the contributions relating to the period of membership concerned (Fisscher, cited above, paragraph 37). | 0 |
864,789 | 30. It is also appropriate to note that the obligation on the national court to refer to the content of the directive when interpreting the relevant rules of its national law is not unlimited, particularly where such interpretation would have the effect, on the basis of the directive and independently of legislation adopted for its implementation, of determining or aggravating the liability in criminal law of persons who act in contravention of its provisions (see, in particular, Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 13, and X , cited above, paragraph 24). | 41. La position 7307 de la NC désigne les accessoires de tuyauterie (raccords, coudes, manchons, par exemple) «en fonte, fer ou acier». Selon la note explicative relative à cette position 7307 du SH, elle englobe un ensemble d’articles «en fonte, fer ou acier», destinés essentiellement à raccorder ou joindre entre eux deux tuyaux ou éléments tubulaires ou un tuyau à un autre dispositif, ou encore à obturer certains éléments de tuyauterie. | 0 |
864,790 | 41. Moreover, the question of whether such an order should be made and the fixing, if necessary, of the amount of the lump sum must, in each individual case, depend on all the relevant factors pertaining to both the particular nature of the infringement established and the individual conduct of the Member State involved in the procedure instigated pursuant to Article 260 TFEU (see, inter alia, Commission v France , paragraph 62; Commission v Greece , paragraph 30; and Commission v Ireland , paragraph 67). | 22. In the light of the foregoing, the reference for a preliminary ruling must be regarded as admissible.
Substance | 0 |
864,791 | 28
It is the referring court alone which has jurisdiction to assess the facts and interpret the national legislation (see, to that effect, judgment of 4 February 2016, Ince, C‑336/14, EU:C:2016:72, paragraph 88). | 37 According to settled case-law, the concepts used in Article 13 of the Brussels Convention must be interpreted independently, by reference principally to the system and objectives of the Convention, in order to ensure that it is fully effective (see, in particular, Case 150/77 Bertrand [1978] ECR 1431, paragraphs 14, 15 and 16; Case C-89/91 Shearson Lehman Hutton [1993] ECR I-139, paragraph 13; Case C-269/95 Benincasa [1997] ECR I-3767, paragraph 12; and Case C-99/96 Mietz [1999] ECR I-2277, paragraph 26). | 0 |
864,792 | 37
With regard to the principle of effectiveness, it should be borne in mind that every case in which the question arises as to whether a national procedural rule makes the exercise of rights conferred on individuals by the legal order of the European Union impossible in practice or excessively difficult must be analysed by reference, where appropriate, to the basic principles of the national legal system concerned, including the principle of legal certainty (see, to that effect, judgments of 27 June 2013, Agrokonsulting, C‑93/12, EU:C:2013:432, paragraph 48, and of 6 October 2015, Târșia, C‑69/14, EU:C:2015:662, paragraph 36). | 82. The existence of a restriction on the freedom to provide services having been established, it needs to be examined whether it can be objectively justified. | 0 |
864,793 | 28. Consequently, where the questions referred concern the interpretation of European Union law (‘EU law’), the Court is, in principle, bound to give a ruling (see, to that effect, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 38, and Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 24). That is not the case, where, inter alia, the problem referred to the Court is purely hypothetical or where the interpretation or consideration of the validity of a rule of EU law which is sought by the national court has no relation to the actual facts of the main action or to its purpose (see, to that effect, Joined Cases C‑92/09 and C‑93/09 Volker and Markus Schecke [2010] ECR I‑0000, paragraph 40). | 40. That is the case in particular where the problem referred to the Court is purely hypothetical or where the interpretation or consideration of the validity of a rule of European Union law which is sought by the national court has no relation to the actual facts of the main action or to its purpose (see, to that effect, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61; Case C‑466/04 Acereda Herrera [2006] ECR I‑5341, paragraph 48; Case C‑380/05 Centro Europa 7 [2008] ECR I‑349, paragraph 53; and Woningstichting Sint Servatius , paragraph 43). | 1 |
864,794 | 45. In that regard, it should be borne in mind that, according to settled case-law, the objective of the provisions of Title II of Regulation No 1408/71, which determine the legislation applicable to workers moving within the European Union, is to ensure, in particular, that the persons concerned are, in principle, subject to the social security scheme of only one Member State in order to prevent more than one system of national legislation from being applicable and to avoid the complications which may result from that situation. That principle is expressed, in particular, in Article 13(1) of Regulation No 1408/71 (see, inter alia, June 2012 in Joined Cases C-611/10 and C-612/10 Hudzinski and Wawrzyniak [2012] ECR, paragraph 41). | 52. En effet, il suffit de constater à cet égard que l’indemnité de dépaysement prévue pour les fonctionnaires et agents des communautés, n’est pas de nature comparable à celle de l’indemnité de séjour journalière accordée à des experts nationaux occasionnellement occupés auprès de la Commission et ne relevant pas du statut. | 0 |
864,795 | 36. Thus, according to the Court’s settled case-law, allowances and supplements which are not defined as being constituent elements of the minimum wage by the law or practice of the Member State to whose territory the worker is posted, and which alter the relationship between the service provided by the worker, on the one hand, and the consideration which he receives in return for that service, on the other, cannot, under the provisions of Directive 96/71, be considered to be elements of that kind (judgments in Commission v Germany , C‑341/02, EU:C:2005:220, paragraph 39, and Isbir , EU:C:2013:711, paragraph 38). | 18. The referring court is uncertain whether, as a carrier protein, Protein D can give rise to the grant of an SPC. On the basis of the judgment in Massachusetts Institute of Technology (C‑431/04, EU:C:2006:291), the referring court is of the opinion that the grant of an SPC is all the more unlikely since Protein D permits only the administration of an active ingredient. | 0 |
864,796 | 23 So far as Article 52 is concerned, the Court has already held, at point 4 of its judgment in Case 16/78 Choquet [1978] ECR 2293, that national rules relating to the issue and mutual recognition of driving licences by the Member States exert an influence, both direct and indirect, on the exercise of the rights guaranteed by the provisions of the Treaty relating to freedom of movement for workers, to freedom of establishment and to the freedom to provide services. In view of the importance of individual means of transport, possession of a driving licence duly recognized by the host State may affect the actual pursuit by persons subject to Community law of a large number of occupations for employed or self-employed persons and, more generally, freedom of movement. | 69. Interest paid to an undertaking in consideration of bank deposits or placements in securities such as Treasury notes or certificates of deposit likewise cannot be excluded from the scope of VAT, since the interest paid does not arise from the simple ownership of the asset but constitutes the consideration for making capital available for the benefit of a third party (see, to that effect, Régie dauphinoise , paragraph 17). It follows from the preceding paragraph that an undertaking acts as a taxable person if it thus uses funds forming part of its assets. | 0 |
864,797 | 47. It should be observed in regards to that argument that, unlike workers who have taken parental leave, it is true that workers who have remained in active service have had the opportunity to acquire more experience, which generally enables those workers to perform their duties better (see, to that effect, Case C‑17/05 Cadman [2006] ECR I‑9583, paragraphs 34 and 35). However, the fact of being able to perform one’s duties better is merely a possibility for those workers who have remained in active service, since mere presence at work does not guarantee that a worker’s results will necessarily improve. | 33. In that respect, the Court has already held that whilst, in principle, criminal legislation and the rules of criminal procedure fall within the competence of the Member States, this area of law may nevertheless be affected by EU law. Therefore, notwithstanding the fact that neither point (3)(b) of the first paragraph of Article 63 EC, a provision which was reproduced in Article 79(2)(c) TFEU, nor Directive 2008/115, adopted inter alia on the basis of that provision of the EC Treaty, precludes the Member States from having competence in criminal matters in the area of illegal immigration and illegal stays, they must adjust their legislation in that area in order to ensure compliance with EU law. Those States cannot apply criminal legislation capable of imperilling the realisation of the aims pursued by the said directive, thus depriving it of its effectiveness ( El Dridi , paragraphs 53 to 55 and case-law cited). | 0 |
864,798 | 41. It must also be borne in mind that the expression ‘place where the harmful event occurred’ is intended to cover both the place where the damage occurred and the place of the event giving rise to it. Those two places could constitute a significant connecting factor from the point of view of jurisdiction, since each of them could, depending on the circumstances, be particularly helpful in relation to the evidence and the conduct of the proceedings (see Case C‑68/93 Shevill and Others [1995] ECR I‑415, paragraphs 20 and 21). | 59. In order to ensure that that is indeed the case, the executing judicial authority will be required to carry out a concrete review of the situation at issue, taking account of all of the relevant factors with a view to evaluating the justification for the duration of the procedure, including the possible failure to act on the part of the authorities of the Member States concerned and any contribution of the requested person to that duration. The sentence potentially faced by the requested person or delivered in his regard in relation to the acts which justified the issuing of the European arrest warrant in his respect, together with the potential risk of that person absconding, must also be taken into consideration. | 0 |
864,799 | 42
In that connection, it must be recalled that human health and life rank foremost among the assets and interests protected by the Treaty. Furthermore, not only may the risk of seriously compromising the financial equilibrium of a social security system constitute, per se, an overriding reason relating to the general interest capable of justifying an obstacle to the fundamental freedoms laid down by TFEU, but in addition the objective of maintaining, on grounds of public health, a balanced medical and hospital service open to all may also fall within one of the derogations on grounds of public health, in so far as it contributes to the attainment of a high level of health protection. This thus applies to measures that, on the one hand, meet the objective of guaranteeing in the territory of the Member State concerned sufficient and permanent access to a balanced range of high-quality medical treatment and, on the other, are intended to ensure cost efficiency and prevention, as far as possible, of any wastage of financial, technical and human resources (see, to that effect, judgment of 28 January 2016, CASTA and Others, C‑50/14, EU:C:2016:56, paragraph 60 and paragraph 61). | 25 THE RESULT IS THAT THE DEFENDANT MAY BE SUED , AT THE OPTION OF THE PLAINTIFF , EITHER IN THE COURTS FOR THE PLACE WHERE THE DAMAGE OCCURRED OR IN THE COURTS FOR THE PLACE OF THE EVENT WHICH GIVES RISE TO AND IS AT THE ORIGIN OF THAT DAMAGE .
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