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864,800 | 39. As regards specifically public service contracts, the Court has emphasised that same primary objective, namely the free movement of services and the opening-up to competition in the Member States which is undistorted and as wide as possible (see, to that effect, Case C-26/03 Stadt Halle and RPL Lochau [2005] ECR I‑1, paragraphs 44 and 47). | 65 3 . ALL THESE CONSIDERATIONS SHOW THAT ITALIAN REGULATIONS AND THE WAY IN WHICH THEY HAVE BEEN IMPLEMENTED HAD A DETERMINATIVE EFFECT ON SOME OF THE MOST IMPORTANT ASPECTS OF THE COURSE OF CONDUCT OF THE UNDERTAKINGS CONCERNED WHICH THE COMMISSION CRITICIZES, SO THAT IT APPEARS THAT, HAD IT NOT BEEN FOR THESE REGULATIONS AND THEIR IMPLEMENTATION, THE COOPERATION, WHICH IS THE SUBJECT-MATTER OF THESE PROCEEDINGS, EITHER WOULD NOT HAVE TAKEN PLACE OR WOULD HAVE ASSUMED A FORM DIFFERENT FROM THAT FOUND TO HAVE EXISTED BY THE COMMISSION . | 0 |
864,801 | 157 As for the German Government's arguments seeking to justify that clause, it should be recalled that, according to settled case-law, recourse to justification on grounds of public policy under Article 56 of the Treaty presupposes the need to maintain a discriminatory measure in order to deal with a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, to that effect, Case 30/77 R v Bouchereau [1977] ECR I-1999, paragraph 35; Case C-114/97 Commission v Spain [1998] ECR I-6717, paragraph 46; Case C-348/96 Calfa [1999] ECR I-11, paragraph 21). It follows that there must be a direct link between that threat, which must, moreover, be current, and the discriminatory measure adopted to deal with it (see, to that effect, Case 352/85 Bond van Adverteerders v Netherlands State [1988] ECR 2085, paragraph 36; and Calfa, paragraph 24). | 20 THAT COMPLAINT MUST ALSO BE REJECTED . A CUSTOMS AGENT CANNOT ENTERTAIN A LEGITIMATE EXPECTATION WITH REGARD TO THE VALIDITY OF CERTIFICATES BY VIRTUE OF THE FACT THAT THEY WERE INITIALLY ACCEPTED BY THE CUSTOMS OFFICERS OF A MEMBER STATE . THE ROLE OF THOSE OFFICERS IN REGARD TO THE INITIAL ACCEPTANCE OF DECLARATIONS IN NO WAY PREVENTS THE CUSTOMS AUTHORITIES OF THE MEMBER STATES FROM SUBSEQUENTLY CHECKING THEIR VERACITY , NOR DOES IT PREVENT EFFECT BEING GIVEN TO THE CONSEQUENCES OF THOSE CHECKS , AS IS CLEAR IN PARTICULAR FROM ARTICLE 10 ( 2 ) OF COUNCIL DIRECTIVE 79/695 OF 24 JULY 1979 ON THE HARMONIZATION OF PROCEDURES FOR THE RELEASE OF GOODS FOR FREE CIRCULATION ( OFFICIAL JOURNAL L 205 , P . 19 ).
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864,802 | 60. The principle that acts of the Community institutions are presumed to be lawful means that they produce legal effects until such time as they are withdrawn, annulled in an action for annulment or declared invalid following a reference for a preliminary ruling or a plea of illegality (Case C‑475/01 Commission v Greece [2004] ECR I‑8923, paragraph 18, and the case-law cited). | 52. As regards the term ‘supply of services’, it is clear from Article 6(1) of the Sixth Directive that it covers all transactions not constituting a supply of goods within the meaning of Article 5 of that directive. | 0 |
864,803 | 13 In the grounds of the judgments cited above, the Court found, essentially, that the application to the producers covered by Article 3a of a reduction rate of 40% which, far from corresponding to a value that was representative of the rates applicable to the producers who had delivered milk during the reference year adopted by the Member State concerned, was more than double the highest total of such rates, was to be regarded as a restriction which specifically affected the first-mentioned category of producers by the very reason of their undertaking as to non-marketing or conversion. It followed that the contested 60% rule frustrated the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings and therefore had to be declared invalid for breach of the principle of the protection of legitimate expectations (Spagl, paragraphs 24 and 29; Pastaetter, paragraphs 15 and 20). | 47. No appeal was lodged against the BAI v Commission judgment, and its operative part and ratio decidendi therefore became final. | 0 |
864,804 | 65. Where that institution has only a considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach ( Bergaderm and Goupil v Commission , paragraph 44; Commission v Camar and Tico , paragraph 54; and Commission v Fresh Marine , paragraph 26). | 45 According to the Austrian Government, since this type of measure is based on objective criteria and benefits a very large number of undertakings, it does not have the selective nature which would trigger application of Article 92(1) of the Treaty. | 0 |
864,805 | 43. Moreover, as the Court has already held, the principle of fiscal neutrality is not a rule of primary law but a principle of interpretation, to be applied concurrently with the principle on which it is a limitation (Case C‑44/11 Deutsche Bank [2012] ECR, paragraph 45). It does not therefore allow the scope of the deduction from output VAT to be extended in the face of an unambiguous provision of the Sixth Directive. As regards the case which gave rise to Polski Trawertyn , it was clear that the application of the national legislation at issue did not allow either the future partners of the partnership to be created or that partnership to rely successfully on the principle of neutrality. | 19 In that connection, it is undisputed that the taxable value of imported used vehicles is equal to 100% of the price of the vehicle when new where it is less than six months old and 90% of that price where it is more than six months old . On the other hand, the sale of vehicles already registered in Denmark does not give rise to payment of a further registration duty . | 0 |
864,806 | 56. That situation is a consequence of the particular nature of the contested measures, which at the same time resemble both measures of general application in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making available funds and economic resources to persons and entities named in the lists contained in their annexes and also a bundle of individual decisions affecting those persons and entities (see, to that effect, 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, paragraphs 241 to 244). | 19 IT FOLLOWS THAT THAT REQUIREMENT MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY ONLY IF IT IS ESTABLISHED THAT IN THE FIELD OF ACTIVITY CONCERNED THERE ARE IMPERATIVE REASONS RELATING TO THE PUBLIC INTEREST WHICH JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES , THAT THE PUBLIC INTEREST IS NOT ALREADY PROTECTED BY THE RULES OF THE STATE OF ESTABLISHMENT AND THAT THE SAME RESULT CANNOT BE OBTAINED BY LESS RESTRICTIVE RULES .
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864,807 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case. | 39. It should be recalled in that regard that, under Articles 77(2)(b)(i) and 78(2)(b)(i) of Regulation No 1408/71, where a pensioner or a deceased worker has been subject to the laws of more than one Member State, the allowances in question are to be paid in accordance with those of the State in whose territory the pensioner, or the orphan of the deceased worker, resides. The Member State of residence is accordingly specified by the provisions of Regulation No 1408/71 as having sole competence to grant the family allowances in question (see, to that effect, Case C‑59/95 Bastos Moriana and Others [1997] ECR I‑1071, paragraphs 15 and 18). | 0 |
864,808 | 20 However, since none of the proposals put to the Council by the Commission under the first subparagraph of Article 17(6) of the Sixth Directive was adopted by the Council, it should be pointed out that the Member States may retain their existing legislation in regard to exclusion from the right to deduct VAT until such time as the Community legislature has established a Community system of exclusions and brought about the progressive harmonisation of national VAT legislation (Royscot and Others, cited above, paragraph 31). | 57. Moreover, it is settled-case law that the mere fact that an act of the European Union is liable to have implications for international trade is not enough for it to be concluded that the act must be classified as falling within the common commercial policy. On the other hand, an EU act falls within that policy if it relates specifically to international trade in that it is essentially intended to promote, facilitate or govern trade and has direct and immediate effects on trade (see, inter alia, Daiichi Sankyo and Sanofi-Aventis Deutschland , paragraph 51 and the case-law cited). | 0 |
864,809 | 118. Furthermore, as the Court has held in previous decisions, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10, and Germany v Commission , paragraph 50). | 56. It is apparent from the case‑law that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty. However, for an argument based on such reasoning to succeed, a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (Case C‑471/04 Keller Holding [2006] ECR I‑2107, paragraph 40, and Case C‑347/04 Rewe Zentralfinanz [2007] ECR I‑0000, paragraph 62 and the case‑law cited). | 0 |
864,810 | 38. Under Article 74(1) of Regulation No 40/94, OHIM examiners and, on appeal, the Boards of Appeal of OHIM are required to examine the facts of their own motion in order to determine whether the mark applied for falls under one of the grounds for refusal of registration laid down in Article 7 of that regulation. It follows that the competent bodies of OHIM may be led to base their decisions on facts which have not been alleged by the applicant for the mark ( Storck v OHIM , paragraph 50). | 7. À cet égard, il convient de rappeler, d’une part, que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêts du 14 juillet 2005, Commission/Espagne, C‑135/03, Rec. p. I-6909, point 31; du 27 septembre 2007, Commission/Portugal, C‑4/07, non publié au Recueil, point 9, et du 29 novembre 2007, Commission/France, C‑67/07, non publié au Recueil, point 7). | 0 |
864,811 | 96. It is appropriate to bear in mind that Directive 96/2 is intended to establish a legislative framework enabling the potential of mobile and personal communications to be exploited by abolishing, as soon as possible, all exclusive and special rights, by removing, for operators of mobile networks, both restrictions on the freedom to operate and develop those networks for the purpose of carrying out the activities authorised by their licences or authorisations and distortions of competition and by allowing those operators control over their costs (Joined Cases C-396/99 and C-397/99 Commission v Greece [2001] ECR I-7577, paragraph 25). | 31. The concept of the centre of main interests is peculiar to the Regulation. Therefore, it has an autonomous meaning and must therefore be interpreted in a uniform way, independently of national legislation. | 0 |
864,812 | 40. Furthermore, the objective of the pre-litigation procedure provided for in Article 226 EC is precisely to give the Member State concerned an opportunity to comply, as appropriate, with its obligations under Community law (see, particularly, Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 25). | 99. It follows that Ms Stewart is already, in a certain way, connected to the national social security system in question. | 0 |
864,813 | 15. As a preliminary point, it should be borne in mind that, when the Court is requested to give a preliminary ruling on a matter of tariff classification, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, in particular since the Court does not necessarily have available to it all the information which is essential in that regard. In any event, the national court is in a better position to do so (Joined Cases C‑260/00 to C‑263/00 Lohmann and Medi Bayreuth [2002] ECR I‑10045, paragraph 26, and Case C‑500/04 Proxxon [2006] ECR I‑1545, paragraph 23). However, in order to give the national court a useful answer, the Court may, in a spirit of cooperation with national courts, provide it with all the guidance that it deems necessary (see, in particular, Case C‑49/07 MOTOE [2008] ECR I‑4863, paragraph 30). | 20. Freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, branch or agency (Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraph 35, and Keller Holding , paragraph 29). | 0 |
864,814 | 30 Lastly, the Court has already held that Article 4(2) of the Directive does not empower the Member States to exclude generally and definitively from the obligation of assessment one or more classes of projects mentioned in Annex II (Case C-133/94 Commission v Belgium [1996] ECR I-2323, paragraphs 41 to 43), since the concept of classes of projects must be understood to mean not the 12 main categories in Annex II, but the subdivisions of those categories, each preceded by a letter of the alphabet (Case C-301/95 Commission v Germany [1998] ECR I-6135, paragraphs 39 to 43). | 33. The condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant Member State merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real steps to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, in particular, Joined Cases C‑485/03 to C‑490/03 Commission v Spain [2006] ECR I‑11887, paragraph 74; Commission v France , paragraph 46; and Commission v Italy , paragraph 36). | 0 |
864,815 | 33. It must be borne in mind that, as the Commission rightly observes, the Court has already found that it is possible to limit the subject-matter of the proceedings at the stage of the proceedings before the Court (see to that effect Case C-279/94 Commission v Italy [1997] ECR I-4743, paragraphs 24 and 25; Case C-52/00 Commission v France [2002] ECR I-3827, paragraph 44; Case C-139/00 Commission v Spain [2002] ECR I-6407, paragraphs 18 and 19; and Case C-433/03 Commission v Germany [2005] ECR I-6985, paragraph 28). Accordingly, the Commission could limit the subject-matter of the failure to fulfil obligations alleged in its application to one of the species and one of the hunting methods mentioned during the pre-litigation procedure. | 24. It should be noted, first, that plant protection products are to be regarded as identical if, at least, they share a common origin in that they have been manufactured by the same company or by an associated undertaking or under licence according to the same formulation, were manufactured using the same active ingredient, and also have the same effect with due regard to differences which may exist in conditions relating to agriculture, plant health and the environment, in particular climatic conditions, relevant to the use of the product (see, to that effect, judgment in Commission v France , C‑201/06, EU:C:2008:104, paragraph 39). | 0 |
864,816 | 39. In addition, the Court has held that the provisions of that agreement are not directly applicable and are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law (see, to that effect, Case C‑149/96 Portugal v Council [1999] ECR I‑8395, paragraphs 42 to 48; Joined Cases C‑300/98 and C‑392/98 Dior and Others [2000] ECR I‑11307, paragraphs 44 and 45, and Case C‑245/02 Anheuser-Busch [2004] ECR I‑10989, paragraph 54). | 48 In the light of those considerations the answer to the second question must be that the doorstep-selling directive precludes the national legislature from imposing a time-limit of one year from the conclusion of the contract within which the right of cancellation provided for in Article 5 of that directive may be exercised, where the consumer has not received the information specified in Article 4.
Temporal effects of the present judgment | 0 |
864,817 | 16. In that regard, it is to be observed that the procedure laid down in Article 267 TFEU is based on a clear separation of functions between the national courts and the Court of Justice. 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 question submitted concerns the interpretation of Community law, the Court is in principle bound to give a ruling (see Joined Cases C‑290/05 and C‑333/05 Nádasdi and Németh [2006] ECR I‑10115, paragraph 28 and the case-law cited). | 42
That being so, it must be held that Directive 2004/38 has not applied to Ms Ormazabal’s situation since she was naturalised as a British citizen. | 0 |
864,818 | 36. Article 21(1) TFEU and Directive 2004/38 do not confer any autonomous right on third-country nationals (see, to that effect, Case C‑40/11 Iida [2012] ECR, paragraph 66, and Case C‑87/12 Ymeraga and Ymeraga-Tafarshiku [2013] ECR, paragraph 34). Any rights conferred on third-country nationals by provisions of EU law on Union citizenship are rights derived from the exercise of freedom of movement by a Union citizen (see Iida , paragraph 67; Ymeraga and Ymeraga-Tafarshiku , paragraph 35; and Case C‑86/12 Alokpa and Others [2013] ECR, paragraph 22). | 26. It should be noted in that connection, as pointed out by the Advocate General at point 26 of his Opinion, that the term ‘construction’ used at point 7(a) of Annex I to D irective 85/337 is not in any way ambiguous and is to be understood as having its normal meaning, namely as referring to the carrying out of works not previously existing or of physical alterations to existing installations. | 0 |
864,819 | 20 It must be observed first of all that legal concepts and definitions established or laid down by national law cannot affect the interpretation or binding force of Community law, or, consequently, the scope of the principle of equal pay for men and women laid down in Article 119 of the Treaty and in the Directive and developed by the Court' s case-law (see the judgments in Boetel, cited above, and in Case 75/63 Hoekstra v Bedrijfsvereniging Detailhandel [1964] ECR 177). | 15 That argument must also be dismissed . It need merely be pointed out that the nature of the aims pursued by the data-processing systems in question is not sufficient to establish that there would be any threat to public policy if companies from other Member States were awarded the contracts for the establishment and operation of those systems . It must also be borne in mind that the confidential nature of the data processed by the systems could be protected, as stated above, by a duty of secrecy, without there being any need to restrict freedom of establishment or freedom to provide services . | 0 |
864,820 | 27. However, that principle is not to be interpreted as requiring Member States to extend their most favourable rules to all actions, such as the case in the main proceedings, brought in the field of employment law (see, to that effect, Levez , paragraph 42, and Pontin , paragraph 45). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,821 | 26. With regard, firstly, to the plea of inadmissibility raised by the hospital, it is sufficient to state that it is apparent from the order for reference that the national court regards it as established fact that the hospital constitutes a public sector institution attached to the public authorities. It has consistently been held that a directive may be relied on not only against State authorities, but also against organisations or bodies which are subject to the authority or control of the State or have special powers beyond those which result from the normal rules applicable to relations between individuals, such as local or regional authorities or other bodies which, irrespective of their legal form, have been given responsibility, by the public authorities and under their supervision, for providing a public service (Case 103/88 Fratelli Costanzo [1989] ECR 1839, paragraph 31; Case C-188/89 Foster and Others [1990] ECR I-3313, paragraph 19; and Case C‑157/02 Rieser Internationale Transporte [2004] ECR I‑1477, paragraph 24). | 78. Concernant le deuxième moyen dans les affaires C-465/09 P à C-467/09 P et le premier moyen dans les affaires C‑468/09 P à C-470/09 P, au sujet desquels la Comunidad autónoma de La Rioja soutient qu’ils se bornent à reproduire une argumentation déjà soulevée en première instance, il convient de rappeler qu’il résulte certes des articles 256 TFUE, 58, premier alinéa, du statut de la Cour de justice de l’Union européenne et 112, paragraphe 1, sous c), du règlement de procédure de cette dernière qu’un pourvoi doit indiquer de façon précise les éléments critiqués de l’arrêt dont l’annulation est demandée ainsi que les arguments juridiques qui soutiennent de manière spécifique cette demande (arrêts du 30 juin 2005, Eurocermex/OHMI, C-286/04 P, Rec. p. I-5797, point 42, et du 13 septembre 2007, Il Ponte Finanziaria/OHMI, C-234/06 P, Rec. p. I-7333, point 44). | 0 |
864,822 | 30 In that regard, it is sufficient to observe, as the Court did in its judgment in Case C-32/95 P Commission v Listeral and Others [1996] ECR I-5373, paragraph 29, that, although a decision to suspend, reduce or withdraw Community assistance may sometimes reflect an assessment and evaluation by the competent national authorities, under Article 6(1) of Regulation No 2950/83, it is the Commission which adopts the final decision and it alone assumes responsibility in law vis-à-vis the beneficiaries. | 49 The mere fact, not disputed in the main proceedings, that the activity engaged in by the old and the new employer is similar does not justify the conclusion that an economic entity has been transferred. An entity cannot be reduced to the activity entrusted to it. Its identity also emerges from other factors, such as its workforce, its managerial staff, the way in which its work is organised, its operating methods or indeed, where appropriate, the operational resources available to it (see Süzen, paragraph 15, and Sánchez Hidalgo and Others, paragraph 30). | 0 |
864,823 | 51. There are accordingly no grounds for setting aside the judgment under appeal in that regard, notwithstanding the error of law vitiating paragraph 59 thereof (see, in this connection, Joined Cases C-74/00 P and C-75/00 P Falck and Acciaierie di Bolzano v Commission [2002] ECR I‑7869, paragraph 122; Case C-93/02 P Biret International v Council [2003] ECR I‑10497, paragraph 60; and Case C-94/02 P Biret et Cie v Council [2003] ECR I‑10565, paragraph 63). | 43. Article 3(2)(a) of Directive 2001/42 provides that a systematic environmental assessment is to be carried out for all plans and programmes which (i) are prepared for certain sectors and (ii) set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337. | 0 |
864,824 | 37. It is settled case-law that classification as State aid requires all the following conditions to be fulfilled. First, there must be intervention by the State or through State resources. Secondly, the intervention must be liable to affect trade between Member States. Thirdly, it must confer an advantage on the recipient. Fourthly, it must distort or threaten to distort competition (Case C‑140/09 Fallimento Traghetti del Mediterraneo [2010] ECR I‑5243, paragraph 31 and the case-law cited). | 24 The Council therefore maintains that, in order to assess whether an agreement has important budgetary implications, it is necessary to refer to the overall budget of the Community, and that it did not act in a manifestly erroneous and arbitrary manner in seeking merely an opinion of the Parliament for a fisheries agreement under which annual expenditure amounted to 0.07% of that budget. | 0 |
864,825 | 28. It should be noted at the outset that, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; Case C-264/96 ICI [1998] ECR I-4695, paragraph 19; Case C‑311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19; Case C‑35/98 Verkooijen [2000] ECR I-4071, paragraph 32, and Lindman , paragraph 18). | 44 It is not disputed that this gives the subsidiary of a parent company resident in the United Kingdom a cashflow advantage inasmuch as it retains the sums which it would otherwise have had to pay by way of ACT until such time as MCT becomes payable, that is to say, for a period of between eight and a half months, at the least, and 17 and a half months, at the most, depending on the date of distribution. Where MCT is not payable at all for the accounting period in question, this entails an even longer period, since ACT can be set off against corporation tax due in respect of subsequent accounting periods. | 0 |
864,826 | 42. The proper conduct of that procedure constitutes an essential guarantee required by the EC Treaty not only in order to protect the rights of the Member State concerned, but also so as to ensure that any contentious procedure will have a clearly defined dispute as its subject-matter (see, to that effect, Commission v Netherlands , paragraph 19). | 31. In that connection, it should be noted that, in accordance with the third recital in the preamble to the Montreal Convention, the States Parties to that convention, recognising ‘the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution’, decided to lay down a system of strict liability for air carriers. | 0 |
864,827 | 89
That said, as regards the analysis of the substance of the Commission’s single ground of appeal, it should be noted, first, that the obligation on the Member State concerned to abolish, through recovery, aid considered by the Commission to be incompatible with the single market has as its purpose, according to the Court’s established case-law, to restore the situation as it was before the aid was granted (see, to that effect, judgment of 4 April 1995, Commission v Italy, C‑350/93, EU:C:1995:96, paragraph 21 and the case-law cited). | 45
S’agissant de la notion d’«obligation non contractuelle», au sens de l’article 1er du règlement Rome II, il y a lieu de rappeler que la notion de «matière délictuelle ou quasi délictuelle», au sens de l’article 5, point 3, du règlement Bruxelles I, comprend toute demande qui vise à mettre en cause la responsabilité d’un défendeur et qui ne se rattache pas à ladite «matière contractuelle», au sens du point 1 de cet article 5 (arrêt ÖFAB, C‑147/12, EU:C:2013:490, point 32 et jurisprudence citée). Par ailleurs, il convient d’observer, ainsi qu’il découle de l’article 2 du règlement Rome II, que celui-ci s’applique aux obligations issues d’un dommage, à savoir de toute atteinte résultant d’un fait dommageable, d’un enrichissement sans cause, d’une gestion d’affaires ou d’une «culpa in contrahendo». | 0 |
864,828 | 48. Il s’ensuit que, contrairement à ce que prétend la Commission, une interprétation purement littérale du régime particulier des agences de voyages fondée sur le texte d’une ou de plusieurs versions linguistiques, à l’exclusion des autres, ne saurait prévaloir. Conformément à une jurisprudence constante, il y a lieu de considérer que les dispositions du droit de l’Union doivent être interprétées et appliquées de manière uniforme à la lumière des versions établies dans toutes les langues de l’Union. En cas de disparité entre les diverses versions linguistiques d’un texte de l’Union, la disposition en cause doit être interprétée en fonction de l’économie générale et de la finalité de la réglementation dont elle constitue un élément (arrêt du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31). | 29 The only difference between them is that the non-migrant worker acquires the entirety of his pension entitlements under a single body of legislation, whereas the migrant worker acquires them in sections corresponding to successive periods of work completed in different Member States under different legislative systems. In such situations, Article 51 of the Treaty aims to create, by coordination rather than by harmonization, a unified career, for social security purposes, for the migrant worker. | 0 |
864,829 | 33. However, contrary to what SEPA maintains, neither the instruction emanating from the competent German authorities, according to which the meat originating from isolation slaughterhouses did not meet the condition as to sound and fair marketable quality, nor the substance of the judgment in SEPA , in the same vein, could be considered as abnormal and unforeseeable. As the Court stated at paragraphs 29 and 30 of that judgment, it already appeared from Community legislation which had entered into force prior to the exports made by SEPA that the meat originating from isolated slaughterhouses, even if it fulfilled the hygiene criteria, could be authorised for human consumption only on the local market and only if various additional conditions had been fulfilled. | 29. It is appropriate in that regard to cite Directive 64/433, which provides in Article 6(1)(e) that the Member States are to ensure that meat from animals having undergone special emergency slaughtering may only be authorised for human consumption on the local market and only if various additional conditions have been fulfilled. | 1 |
864,830 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources available to persons and entities named in the lists contained in their annexes, and a bundle of individual decisions affecting those persons and entities (see, to that effect, judgments in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraphs 241 to 244, and Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2013:258, paragraph 56). | 39. As regards, first, the principle of effectiveness, the Court has already held that every case in which the question arises as to whether a national procedural provision makes the application of Community law impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its progress and its special features, viewed as a whole, before the various national bodies. For those purposes, account must be taken, where appropriate, of the basic principles of the domestic judicial system, such as protection of the rights of the defence, the principle of legal certainty and the proper conduct of procedure (Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 14, and Fallimento Olimpiclub , paragraph 27). | 0 |
864,831 | 20. Indeed, the Court has already held that Directive 2008/115 pursues the establishment of an effective removal and repatriation policy, based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and their dignity (judgments in El Dridi , C‑61/11 PPU, EU:C:2011:268, paragraph 31, and Arslan , C‑534/11, EU:C:2013:343, paragraph 42). | 31. It must be borne in mind in that regard that recital 2 in the preamble to Directive 2008/115 states that it pursues the establishment of an effective removal and repatriation policy, based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and also their dignity. | 1 |
864,832 | 19. The situation of a national of a Member State who was born in the host Member State and has not made use of the right to freedom of movement cannot, for that reason alone, be assimilated to a purely internal situation, thereby depriving that national of the benefit in the host Member State of the provisions of Community law on freedom of movement and of residence (to that effect, see, in particular, Case C-148/02 Garcia Avello [2003] ECR I-11613, paragraphs 13 and 27). | En deuxième lieu, il convient d’examiner les griefs des requérantes relatifs à l’examen par le Tribunal des différents indices invoqués par la Commission en vue de démontrer l’imputabilité à l’État des mesures litigieuses, par lesquels elles reprochent au Tribunal d’avoir soit dénaturé les faits et les éléments de preuve produits devant lui, soit confirmé des faits dont l’inexactitude matérielle ressortait pourtant des documents versés au dossier. Il convient de rappeler, à cet égard, qu’il résulte de l’article 256, paragraphe 1, second alinéa, TFUE, et de l’article 58, premier alinéa, du statut de la Cour de justice de l’Union européenne que le Tribunal est seul compétent, d’une part, pour constater les faits, sauf dans le cas où l’inexactitude matérielle de ses constatations résulterait des pièces du dossier qui lui ont été soumises, et, d’autre part, pour apprécier ces faits. Partant, l’appréciation des faits ne constitue pas, sous réserve du cas de la dénaturation des éléments de preuve produits devant le Tribunal, une question de droit soumise, comme telle, au contrôle de la Cour (arrêt du 30 novembre 2016, Commission/France et Orange, C‑486/15 P, EU:C:2016:912, points 97 et 98 ainsi que jurisprudence citée). | 0 |
864,833 | 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. | 53
Although it is true that the judgment of 29 November 2011, National Grid Indus (C‑371/10, EU:C:2011:785), was adopted in the context of the taxation of capital gains on companies, the Court subsequently transposed the principles laid down in that judgment also to the taxation on capital gains of natural persons (see judgments of 12 July 2012, Commission v Spain , C‑269/09, EU:C:2012:439, paragraphs 75 to 78, and of 16 April 2015, Commission v Germany , C‑591/13, EU:C:2015:230, paragraphs 65 to 67). | 0 |
864,834 | 44. À cet égard, il convient de relever que l’article 9, paragraphe 1, sous c), de la directive 89/391 comporte une obligation pour l’employeur de disposer d’une liste des accidents de travail ayant entraîné pour le travailleur une incapacité de travail supérieure à trois jours de travail, liste à laquelle, en vertu de l’article 10, paragraphe 3, sous b), de ladite directive, les travailleurs ou les représentants des travailleurs ayant une fonction spécifique en matière de protection de la sécurité et de la santé doivent avoir accès (voir, en ce sens, concernant les documents exigés par l’article 9, paragraphe 1, sous a), de la directive 89/391, arrêt du 7 février 2002, Commission/Allemagne, C‑5/00, Rec. p. I‑1305, point 24). | 194. In addition, as the Advocate General stated at points 305 and 306 of his Opinion, having regard to the need to ensure that Community competition law is complied with, the Court of Justice cannot allow an appellant to reopen the question of the existence of an infringement, on the sole ground that there was a failure to adjudicate within a reasonable time, where all of its pleas directed against the findings made by the Court of First Instance concerning that infringement and the administrative procedure relating to it have been rejected as unfounded. | 0 |
864,835 | 103. In that respect, whilst in certain cases the very circumstances in which the aid has been granted may show that it is liable to affect trade between Member States and to distort or threaten to distort competition, the Commission must at least set out those circumstances in the statement of the reasons for its decision (Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 52). | 19. Toutefois, aux fins de son interprétation, l’article 12, sous a), de la directive 95/46 ne saurait être examiné dans la seule version en langue néerlandaise. En effet, conformément à une jurisprudence constante, la nécessité d’une application et, dès lors, d’une interprétation uniformes d’un acte de l’Union exclut que celui-ci soit considéré isolément dans une de ses versions, mais exige qu’il soit interprété en fonction tant de la volonté réelle de son auteur que du but poursuivi par ce dernier, à la lumière, notamment, des versions établies dans toutes les langues (voir, notamment, arrêts du 12 novembre 1969, Stauder, 29/69, Rec. p. 419, point 3; du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31, ainsi que du 7 juillet 2011, IMC Securities, C‑445/09, Rec. p. I‑5917, point 25). | 0 |
864,836 | 125. By contrast, it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the General Court exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of European Union law (see, to that effect, Case C‑310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I‑865, paragraph 34; and Case C‑248/98 P KNP BT v Commission [2000] ECR I‑9641, paragraph 54). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
864,837 | 31
Even if, in the present case, the conditions for the application of Rule 3(b) of the General Rules appear prima facie to be satisfied as regards the goods at issue in the main proceedings, it is for this Court to provide the necessary assessment in that regard and to determine whether the goods can be classified under different CN headings, none of which may be considered to be the most specific within the meaning of Rule 3(a) of the General Rules (see, to that effect, judgments in Kurcums Metal, C‑558/11, EU:C:2012:721, paragraph 28, and Vario Tek, C‑178/14, EU:C:2015:152, paragraph 18). | 49
In the third place, Section IV of Chapter VI of Regulation No 604/2013, entitled ‘Procedural safeguards’, sets out at considerable length the arrangements for the notification of transfer decisions and the rules governing the remedies available in respect of such decisions, matters which were not covered with the same degree of detail in Regulation No 343/2003. | 0 |
864,838 | 83 Suffice it to observe that the Community can incur non-contractual liability only if, inter alia, the acts alleged against the institution in question were unlawful (see, inter alia, Case C-146/91 KYDEP v Council and Commission [1994] ECR I-4199, paragraph 19). | 34 A legislative provision such as the one at issue in the main proceedings has the effect of dissuading nationals of a Member State residing in the Netherlands from investing their capital in companies which have their seat in another Member State. It is also clear from the legislative history of that provision that the exemption of dividends, accompanied by the limitation of that exemption to dividends on shares in companies which have their seat in the Netherlands, was intended specifically to promote investments by individuals in companies so established in the Netherlands in order to increase their equity capital. | 0 |
864,839 | 25. Finally, the Explanatory Notes drawn up by the Commission as regards the CN and by the WCO as regards the HS may be an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (see, to that effect, judgments in Data I/O , EU:C:2014:331, paragraph 33 and the case-law cited, and Lukoyl Neftohim Burgas , C‑330/13, EU:C:2014:1757, paragraph 35 and the case-law cited). | 78 Moreover, in Poucet and Pistre, cited above, the Court held that that concept did not encompass organisations charged with the management of certain compulsory social security schemes, based on the principle of solidarity. Under the sickness and maternity scheme forming part of the system in question, the benefits were the same for all beneficiaries, even though contributions were proportional to income; under the pension scheme, retirement pensions were funded by workers in employment; furthermore, the statutory pension entitlements were not proportional to the contributions paid into the pension scheme; finally, schemes with a surplus contributed to the financing of those with structural financial difficulties. That solidarity made it necessary for the various schemes to be managed by a single organisation and for affiliation to the schemes to be compulsory. | 0 |
864,840 | 36 First, the Court has already held that Article 10(2) of Regulation No 2057/82 and Article 11(2) of Regulation No 2241/87 require the Member States to take binding measures in order provisionally to prohibit all fishing activities even before quotas have been exhausted. It follows from those provisions that Member States are required to take all the necessary measures in time to prevent the quotas in question being exceeded, in order to ensure compliance with the quotas allocated to them for the purpose of conserving fishery resources (see Case C-62/89 Commission v France [1990] ECR I-925, paragraph 17; Case C-52/95 Commission v France [1995] ECR I-4443, paragraphs 29 and 30, and Joined Cases C-418/00 and C-419/00 Commission v France [2002] ECR I-3969, paragraph 58). | 14 In paragraphs 7 and 8 of its judgment in Case 80/70 Defrenne [1971] ECR 445 the Court held that the concept of pay could not cover social security schemes or benefits, such as, for example, retirement pensions, directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are obligatorily applicable to general categories of workers. Those schemes assure for the workers the benefit of a legal scheme, the financing of which workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship between the employer and the worker than by considerations of social policy. | 0 |
864,841 | 32
As regards the question, thus clarified, whether Article 63 TFEU confers, in circumstances such as those of the main proceedings, rights on a shareholder receiving shares treated as FIDs, it should be recalled that, according to the settled case-law of the Court, Article 63(1) TFEU lays down a general prohibition on restrictions on the movement of capital between Member States and third countries (see, to that effect, judgment of 28 September 2006, Commission v Netherlands, C‑282/04 and C‑283/04, EU:C:2006:608, paragraph 18 and the case-law cited). | 51 Fifth, traders are entitled to be told the reasons for decisions taken by the monopoly regarding the selection of beverages and their maintenance in the `basic' assortment and may challenge such decisions before a board offering every guarantee of independence. | 0 |
864,842 | 79. It must be pointed out, however, that the considerations concerning the gaps in the existing legislation, set out in the first and second recitals in the preamble to the contested directive, and the general objectives of road safety and harmonisation of conditions of competition, identified in the fourth, tenth and eleventh recitals in that preamble, also concern self-employed drivers and are therefore sufficient from the point of view of the requirements defined in the case-law for measures of general application (see Case C-150/94 United Kingdom v Council [1998] ECR I-7235, paragraphs 25 and 26, and Case C-168/98 Luxembourg v Parliament and Council [2000] ECR I-9131, paragraphs 62 and 66) to justify the possible future application of the directive to that class of persons performing mobile transport activities. | 18 From the date of expropriation and notwithstanding their common origin, each of the marks independently fulfilled its function, within its own territorial field of application, of guaranteeing that the marked products originated from one single source . | 0 |
864,843 | 19. In the main proceedings, it is common ground that Ms Walderdorff entered into a contract with the angling club whereby, on payment of consideration she granted the right to fish in several areas of water for a period of 10 years. The Court has already ruled that an area which is wholly or partly underwater can itself be categorised as immovable property that can be leased or let (see, to that effect, Fonden Marselisborg Lystbådehavn , paragraph 34, and Case C‑166/05 Heger [2006] ECR I‑7749, paragraph 20). | 12 THE EXEMPTION PROVIDED BY THE SECOND PARAGRAPH OF ARTICLE 13 THEREFORE ONLY COVERS NATIONAL TAXES OF A SIMILAR NATURE TO THOSE LEVIED BY THE COMMUNITY ON THE SAME SOURCES OF INCOME . | 0 |
864,844 | 33 As regards the limitation in time of the effects of Article 119 of the Treaty, it should be recalled first that, in Case 43/75 Defrenne v Sabena [1976] ECR 455 (`Defrenne II'), paragraph 40, the Court held that the principle of equal pay contained in Article 119 may be relied upon before the national courts and that those courts have a duty to ensure protection of the rights which that provision vests in individuals. However, in paragraphs 74 and 75 of the same judgment, the Court made it clear that, by virtue of overriding considerations of legal certainty affecting all the interests involved, both public and private, the direct effect of Article 119 could not be relied on in order to support claims relating to pay periods prior to the date of that judgment, namely 8 April 1976, except as regards those workers who had already brought legal proceedings or made an equivalent claim. | 62 Moreover, that is the reason why the Commission stated at the hearing that the Belgian Government had fulfilled its obligations under the contested measure in regard to the recovery of the aid since, after the dismissal of its application for interim measures by the President of the Court, the Belgian Government sought to have its debt registered as one of Tubemeuse' s unsecured liabilities and lodged an appeal against the judgment rejecting that application . | 0 |
864,845 | 74. As a preliminary point, it must be noted that it is settled case-law that the concept of ‘abuse’ is an objective concept referring to the conduct of a dominant undertaking which is such as to influence the structure of a market where the degree of competition is already weakened precisely because of the presence of the undertaking concerned, and which, through recourse to methods different from those governing normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition (judgments in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, paragraph 91; Case C-62/86 AKZO v Commission [1991] ECR I-3359, paragraph 69; Case C-52/07 Kanal 5 and TV 4 [2008] ECR I-9275, paragraph 25; and Case C-52/09 TeliaSonera Sverige [2011] ECR I-527, paragraph 27). | 43. Accordingly, subject to compliance with the principle of fiscal neutrality inherent in the common system of VAT, Member States may apply a reduced rate of VAT to concrete and specific aspects of water supplies covered by Category 2 of Annex H of the Sixth Directive, such as mains connections. | 0 |
864,846 | 35 As regards the latter condition, it is clear from the settled case-law of the Court of Justice (Joined Cases 231/87 and 129/88 Ufficio Distrettuale delle Imposte Dirette di Fiorenzuola and Others v Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 16; Case C-4/89 Comune di Carpaneto Piacentino and Others v Ufficio Provinciale Imposta sul valore aggiunto di Piacenza [1990] ECR I-1869, paragraph 8, and Case C-247/95 Finanzamt Augsburg-Stadt v Marktgemeinde Welden [1997] ECR I-779, paragraph 17) that activities pursued as public authorities within the meaning of the first paragraph of Article 4(5) of the Sixth Directive are those engaged in by bodies governed by public law under the special legal regime applicable to them and do not include activities pursued by them under the same legal conditions as those that apply to private traders. | Pour autant que les requérantes reprochent au Tribunal une violation de l’obligation de motivation, il convient de rappeler
que l’obligation de motivation prévue à l’article 296 TFUE constitue une formalité substantielle qui doit être distinguée
de la question du bien‑fondé de la motivation, celui-ci relevant de la légalité au fond de l’acte litigieux (arrêt du 29 septembre
2011, Elf Aquitaine/Commission, C‑521/09 P, EU:C:2011:620, point 146 et jurisprudence citée). | 0 |
864,847 | 54. It must be borne in mind in this regard that, according to settled case-law, the necessity for uniform application and accordingly for uniform interpretation of a Community measure makes it impossible to consider one version of the text in isolation, but requires that it be interpreted on the basis of both the real intention of its author and the aim he seeks to achieve, in the light, in particular, of the versions in all languages (see, inter alia, Case 29/69 Stauder [1969] ECR 419, paragraph 3; Case 55/87 Moksel Import und Export [1988] ECR 3845, paragraph 15; Case C‑268/99 Jany and Others [2001] ECR I‑8615, paragraph 47; and Case C‑188/03 Junk [2005] ECR I‑885, paragraph 33). | 24 It must therefore be stated in reply to the third question that Article 3(2 ) of Directive 75/442, properly construed, does not give individuals any right which they may enforce before national courts in order to obtain the annulment or suspension of national rules falling within the scope of that provision on the ground that the rules were adopted without having been previously communicated to the Commission of the European Communities .
The fourth question | 0 |
864,848 | 24. Furthermore, as regards the question whether national legislation falls within the scope of one or other of the freedoms of movement laid down by the Treaties, it is clear from well-established case-law that the purpose of the legislation concerned must be taken into consideration (see, inter alia, Test Claimants in the FII Group Litigation , C‑35/11, EU:C:2012:707, paragraph 90, and Cadbury Schweppes and Cadbury Schweppes Overseas , C‑196/04, EU:C:2006:544, paragraphs 31 to 33). | 31. Ces considérations, établies en ce qui concerne les marchés et concessions de services, valent pour les marchés et concessions de travaux. | 0 |
864,849 | 38. Whilst the Commission must examine the compatibility of the proposed aid with the common market, even where the Member State has acted in breach of the prohibition on giving effect to aid, national courts do no more than preserve, until the final decision of the Commission, the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 88(3) EC (Case C‑354/90 Fédération nationale du commerce extérieur des produits alimentaires and Syndicat national des négociants et transformateurs de saumon [1991] ECR I‑5505, ‘ FNCE ’, paragraph 14). It is, indeed, important to protect parties affected by the distortion of competition caused by the grant of the unlawful aid (see, to that effect, Case C‑368/04 Transalpine Ölleitung in Österreich and Others [2006] ECR I‑9957, paragraph 46). | 46. In the absence of any indication to the contrary in the order for reference, it must be considered that the case in the main proceedings relates to goods and services intended for all consumers. Accordingly, the relevant public in this case must be deemed to be composed of the average consumer, reasonably well-informed and reasonably observant and circumspect (see Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 26). | 0 |
864,850 | 118. As regards the argument that it was impossible to collect the evidence needed to rebut the presumption that TradeARBED’s conduct could be attributed to ARBED, and that proof of a negative had been required, the case-law states that it is for an undertaking which submits that the excessive length of the administrative procedure has had an impact on the exercise of its rights of defence to demonstrate to the requisite legal standard that, because of that excessive length, it experienced difficulties in defending itself against the Commission’s allegations (see, to that effect, Case C‑113/04 P Technische Unie v Commission [2006] ECR I‑8831, paragraphs 60 and 61). | 41. Next, it follows from case-law that the meaning and scope of terms for which European Union law provides no definition must be determined by considering their usual meaning in everyday language, while also taking into account the context in which they occur and the purposes of the rules of which they form part (see, inter alia, Case C‑336/03 easyCar [2005] ECR I‑1947, paragraph 21; Case C‑549/07 Wallentin‑Hermann [2008] ECR I‑11061, paragraph 17; Case C‑151/09 UGT‑FSP [2010] ECR I‑0000, paragraph 39; and Budějovický Budvar , paragraph 39). | 0 |
864,851 | 54 In this respect it should be noted, firstly, that Article 43 of the Treaty is the appropriate legal basis for any legislation concerning the production and marketing of agricultural products listed in Annex II to the Treaty which contributes to the achievement of one or more of the objectives of the common agricultural policy set out in Article 39 of the Treaty. Consequently, even where that legislation is directed both to objectives of agricultural policy and to other objectives pursued on the basis of other Treaty provisions, the existence of those provisions cannot be relied on as a ground for restricting the field of application of Article 43 of the Treaty (see the judgments in Case 68/86 United Kingdom v Council [1988] ECR 855, paragraphs 14 and 16, and Case C-131/87 Commission v Council [1989] ECR 3743, paragraphs 10 and 11). | 40. In addition, concerning that entitlement, Directive 2003/88 does not make any distinction between workers who are absent from work on sick leave, whether short-term or long-term, during the leave year and those who have in fact worked in the course of that year. | 0 |
864,852 | 44. It is in that context that the Court has already held that, in the absence of any unifying or harmonising Community measures, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation ( Gilly , paragraphs 24 and 30; Case C-307/97 Saint‑Gobain ZN [1999] ECR I-6161, paragraph 57; Case C‑385/00 de Groot [2002] ECR I-11819, paragraph 93; Case C-513/03 van Hilten‑van der Heijden [2006] ECR I-1957, paragraphs 47 and 48). | 23 A CET EGARD, IL CONVIENT D' ADMETTRE, AINSI QUE LE GOUVERNEMENT NEERLANDAIS ET LA COMMISSION L' ONT FAIT OBSERVER AVEC RAISON, QU' UN OPERATEUR AYANT LIBREMENT ARRETE SA PRODUCTION PENDANT UN CERTAIN TEMPS NE PEUT PAS LEGITIMEMENT S' ATTENDRE A POUVOIR REPRENDRE LA PRODUCTION DANS LES MEMES CONDITIONS QUE CELLES QUI PREVALAIENT AUPARAVANT ET A NE PAS ETRE SOUMIS A D' EVENTUELLES REGLES, ENTRE-TEMPS ARRETEES, RELEVANT DE LA POLITIQUE DES MARCHES OU DE LA POLITIQUE DES STRUCTURES . | 0 |
864,853 | 55. It is, however, appropriate to point out that standards of that nature, if they are likely to apply to the entire transport of pigs which takes place, even in part, on the territory of the Member State which prescribes them, may undermine the attainment of the objectives of eliminating technical barriers to trade in live animals and allowing market organisations to operate smoothly, objectives which are also pursued by Regulation No 1/2005. It is therefore necessary to establish that, having regard to those objectives, such standards are necessary and proportionate to the main objective of the protection of animals during transport pursued by that regulation and that their application does not restrict the free movement of goods in respect of both imports and exports (see, by analogy, Case C‑491/06 Danske Svineproducenter , paragraph 43) disproportionately (see, by analogy, Case C‑562/08 Müller Fleisch [2010] ECR I‑1391, paragraphs 38 and 42). | 64. The answer to the second question is therefore that the REACH Regulation, in particular Annex XVII thereto, in so far as it authorises the use, subject to certain conditions, of wood treated with CCA solutions, is, in circumstances such as those in the main proceedings, relevant for the purpose of determining whether such wood may cease to be waste because, if those conditions were fulfilled, its holder would not be required to discard it within the meaning of Article 3(1) of Directive 2008/98.
Costs | 0 |
864,854 | 95. It follows, however, from the case-law of the Court that Article 11 of Directive 2011/92 must be interpreted as meaning that the provisions adopted by the legislature in order to transpose that article into the national legal order must also apply to administrative development consent procedures initiated before 25 June 2005 when they resulted in the granting of development consent after that date (see, to that effect, judgment in Gemeinde Altrip and Others , C‑72/12, EU:C:2013:712, paragraph 31). | 123. However, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see, inter alia, Comunità montana della Valnerina v Commission , paragraph 107). | 0 |
864,855 | 14 In interpreting Article 3(f), the second paragraph of Article 5 and Article 85 of the Treaty it should be noted that Article 85, read in isolation, relates only to the conduct of undertakings and does not cover measures adopted by Member States by legislation or regulations. However, the Court has consistently held that Article 85, read in conjunction with Article 5 of the Treaty, requires the Member States 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. By virtue of the same case-law, such is the case where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 85 or reinforces their effects or deprives its own legislation of its official character by delegating to private traders responsibility for taking economic decisions affecting the economic sphere (see Case 267/86 Van Eycke v ASPA [1988] ECR 4769, paragraph 16). | 45. Lastly, it must be stated that that conclusion is not called into question by the principle of fiscal neutrality. As the Advocate General stated at point 60 of her Opinion, that principle cannot extend the scope of an exemption in the absence of clear wording to that effect. That principle is not a rule of primary law which can condition the validity of an exemption, but a principle of interpretation, to be applied concurrently with the principle of strict interpretation of exemptions. | 0 |
864,856 | 64. In those circumstances, the concept ‘objective grounds’ within the meaning of that clause must be understood as not permitting a difference in treatment between part-time workers and full-time workers to be justified on the basis that the difference is provided for by a general, abstract norm. On the contrary, that concept requires the unequal treatment at issue to respond to a genuine need, be appropriate for achieving the objective pursued and be necessary for that purpose (see, by way of analogy with Clause 5.1(a) of the Framework Agreement on fixed-term work, Del Cerro Alonso , paragraphs 57 and 58). | 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 |
864,857 | 42. The Court has held that it cannot be excluded that the possible risk of seriously undermining the financial balance of a social security system may constitute an overriding reason in the public interest capable of justifying an obstacle to the freedom to provide services. The Court has likewise acknowledged that the objective of maintaining a balanced medical and hospital service open to all may also fall within the derogations on grounds of public health under Article 46 EC in so far as it contributes to the attainment of a high level of health protection. It has also held that Article 46 EC permits Member States to restrict the freedom to provide medical and hospital services in so far as the maintenance of treatment capacity or medical competence on national territory is essential for public health, and even the survival of the population (see, to that effect, Kohll , paragraphs 41, 50 and 51; Smits and Peerbooms , paragraphs 72 to 74; Müller-Fauré and van Riet , paragraphs 67 and 73; and Watts , paragraphs 103 to 105). | 30. Or, dans un tel cas, et dans le cadre de la répartition des fonctions juridictionnelles entre les juridictions nationales et la Cour prévue à l’article 267 TFUE, il appartient au seul juge national d’apprécier la portée exacte de ce renvoi au droit de l’Union, la compétence de la Cour étant limitée à l’examen des seules dispositions de ce droit. En effet, la prise en considération des limites que le législateur national a pu apporter à l’application du droit de l’Union à des situations purement internes relève du droit interne et, par conséquent, de la compétence exclusive des juridictions de l’État membre (voir arrêt Leur-Bloem, précité, point 33). | 0 |
864,858 | 38. The Court may extract from all the information provided by the national court, in particular from the grounds of the decision to make the reference, the points of EU law which require interpretation in view of the subject-matter of the dispute (see, to that effect, judgment in eco cosmetics and Raiffeisenbank St. Georgen , C‑119/13 and C‑120/13, EU:C:2014:2144, paragraph 33 and the case-law cited). | 48. Nevertheless, when a transaction involves the supply of a number of services, the question arises whether it should be considered to be a single transaction or as several individual and independent supplies of services requiring separate assessment. | 0 |
864,859 | 50. The Court has held in that respect that Article 8(4) may, however, not be used by a Member State as a basis for refusing indefinitely to recognise, in relation to a person who has been subject in its territory to a measure withdrawing or cancelling a previous licence issued by that State, the validity of any licence that may subsequently, that is to say, after the period of prohibition, be issued to him by another Member State (see, to that effect, Case C‑476/01 Kapper [2004] ECR I‑5205, paragraph 76; Wiedemann and Funk , paragraph 63; Schwarz , paragraph 85; and Order of 6 April 2006 in Case C‑227/05 Halbritter , paragraph 28). | 60. However, it must be observed that a system of organisation of the emergency ambulance services such as that at issue in the main proceedings, consisting, for the competent authorities, in recourse on a preferential basis to voluntary associations, must actually contribute to the social purpose and the pursuit of the objectives of the good of the community and budgetary efficiency on which that system is based. | 0 |
864,860 | 62. The system of rules which the Court has worked out with regard to that provision takes into account, inter alia, the complexity of the situations to be regulated, difficulties in the application or interpretation of the texts and, more particularly, the margin of discretion available to the author of the act in question (Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I‑1029, paragraph 43; Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraph 40; Case C-312/00 P Commission v Camar and Tico [2002] ECR I‑11355, paragraph 52; and Case C-472/00 P Commission v Fresh Marine [2003] ECR I‑7541, paragraph 24). | 64. If that comparative examination of diplomas results in the finding that the knowledge and qualifications certified by the foreign diploma correspond to those required by the national provisions, the Member State must recognise that diploma as fulfilling the requirements laid down by its national provisions ( Vlassopoulou , paragraph 19). | 0 |
864,861 | 18. In the absence of a Treaty definition of ‘movement of capital’ within the meaning of Article 56(1) EC, the Court has previously recognised the nomenclature set out in Annex I to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty [article repealed by the Treaty of Amsterdam] (OJ 1988 L 178, p. 5) as having indicative value. Movements of capital within the meaning of Article 56(1) EC therefore include direct investments, that is to say, as that nomenclature and the related explanatory notes show, 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 (see, to that effect, Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraphs 179 to 181, and Case C‑157/05 Holböck [2007] ECR I‑0000, paragraphs 33 and 34). As regards shareholdings in new or existing undertakings, as those explanatory notes confirm, the objective of establishing or maintaining lasting economic links presupposes that the shares held by the shareholder enable him, either pursuant to the provisions of the national laws relating to companies limited by shares or in some other way, to participate effectively in the management of that company or in its control (see Test Claimants in the FII Group Litigation , paragraph 182, and Holböck , paragraph 35; see also C‑367/98 Commission v Portugal [2002] ECR I‑4731, paragraph 38; Case C‑483/99 Commission v France [2002] ECR I‑4781, paragraph 37; Case C‑503/99 Commission v Belgium [2002] ECR I‑4809, paragraph 38; Case C‑463/00 Commission v Spain [2003] ECR I‑4581, paragraph 53; Case C‑98/01 Commission v United Kingdom [2003] ECR I‑4641, paragraph 40; Case C‑174/04 Commission v Italy [2005] ECR I‑4933, paragraph 28; and Commission v Netherlands , paragraph 19). | 35 It is settled law that the Court of First Instance alone has jurisdiction to find the facts, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and also to appraise those facts. The appraisal of the facts therefore does not, save where the clear sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice (see Case C-390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 29). | 0 |
864,862 | 27
It should be noted that, in accordance with the settled case-law of the Court, in a reference for a preliminary ruling under Article 267 TFEU, which is based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to find and assess the facts in the case in the main proceedings (see, inter alia, judgment of 25 October 2012 in Rintisch,C‑553/11, EU:C:2012:671, paragraph 15). In that context, the Court is empowered to rule on the interpretation or validity of EU law in the light of the factual and legal situation as described by the referring court, in order to provide that court with such guidance as will assist it in resolving the dispute before it (see, inter alia, judgment of 9 November 2006 in Chateignier, C‑346/05, EU:C:2006:711, paragraph 22). | 34. Le respect de cette obligation, qui doit servir de base à la mise en conformité de ladite décharge aux exigences de la directive 1999/31, ne saurait être considéré comme relevant du simple formalisme. | 0 |
864,863 | 90. The Schwarz children, by attending an educational establishment situated in another Member State, used their right of free movement. As is shown by the judgment in Case C-200/02 Zhu and Chen [2004] ECR I-9925, paragraph 20, even a young child may make use of the rights of free movement and residence guaranteed by Community law. | 20. Moreover, contrary to the Irish Government’s contention, a young child can take advantage of the rights of free movement and residence guaranteed by Community law. The capacity of a national of a Member State to be the holder of rights guaranteed by the Treaty and by secondary law on the free movement of persons cannot be made conditional upon the attainment by the person concerned of the age prescribed for the acquisition of legal capacity to exercise those rights personally (to that effect, see, in particular, in the context of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition, Series I, 1968 (II), p. 475), Joined Cases 389/87 and 390/87 Echternach and Moritz [1989] ECR 723, paragraph 21, and Case C-413/99 Baumbast and R [2002] ECR I-7091, paragraphs 52 to 63, and, in relation to Article 17 EC, Garcia Avello , paragraph 21). Moreover, as the Advocate General made clear in points 47 to 52 of his Opinion, it does not follow either from the terms of, or from the aims pursued by, Articles 18 EC and 49 EC and Directives 73/148 and 90/364 that the enjoyment of the rights with which those provisions are concerned should be made conditional upon the attainment of a minimum age.
Directive 73/148 | 1 |
864,864 | 23. In that regard, it should be borne in mind that, according to settled case-law, the procedure provided for by Article 267 TFEU is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the disputes before them (see, inter alia, judgment in Klarenberg , C‑466/07, EU:C:2009:85, paragraph 25). | 25. In that regard, it should be borne in mind that, according to settled case‑law, the procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, inter alia, Case C-380/01 Schneider [2004] ECR I‑1389, paragraph 20; Case C-228/05 Stradasfalti [2006] ECR I‑8391, paragraph 44; and Case C-313/07 Kirtruna and Vigano [2008] ECR I-0000, paragraph 25). | 1 |
864,865 | 51
It is subsequently for that national court to determine the objectives actually pursued by the national legislation at issue and whether the restrictions imposed by that legislation satisfy the conditions laid down in the Court’s case-law as regards their proportionality. In particular, it is for that court to satisfy itself, having regard inter alia to the actual rules for applying the restrictive legislation concerned, that the legislation genuinely meets the concern to reduce opportunities for gambling, to limit activities in that area and to fight gambling-related crime in a consistent and systematic manner (judgment of 30 April 2014, Pfleger and Others, C‑390/12, EU:C:2014:281, paragraphs 47 to 49 and the case-law cited). | 114. Accordingly, in order to establish whether the liability of a referencing service provider may be limited under Article 14 of Directive 2000/31, it is necessary to examine whether the role played by that service provider is neutral, in the sense that its conduct is merely technical, automatic and passive, pointing to a lack of knowledge or control of the data which it stores. | 0 |
864,866 | 40. As regards, secondly, the derogation under Article 20(2)(d) of Directive 93/38, the case‑law has made it subject to three cumulative conditions, namely an unforeseeable event, extreme urgency rendering impossible the observance of the time‑limits laid down for calls for tenders, and a causal link between the unforeseeable event and the extreme urgency resulting therefrom (see, to that effect, in the context of Directive 71/305, Case C-107/92 Commission v Italy [1993] ECR I-4655, paragraph 12, and Case C‑318/94 Commission v Germany [1996] ECR I-1949, paragraph 14). | 19 So, the Staff Regulations are intended only to regulate the legal relations between the European institutions and their officials, by establishing a series of reciprocal rights and obligations and by affording certain members of an official's family rights which they may assert in relation to the European Communities. | 0 |
864,867 | 47. It appears from recitals 3, 16 and 17 to the Directive that the Geneva Convention constitutes the cornerstone of the international legal regime for the protection of refugees and that the provisions of the Directive for determining who qualifies for refugee status and the content of that status were adopted to guide the competent authorities of the Member States in the application of that convention on the basis of common concepts and criteria (Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08 Salahadin Abdulla and Others [2010] ECR I-1493, paragraph 52, and Case C-31/09 Bolbol [2010] ECR I-5539, paragraph 37). | 10 THE SUBMISSION MUST BE REJECTED . | 0 |
864,868 | 55. According to settled case-law, the purpose of Article 27(2) of the Convention is to ensure that a judgment will not be recognised or enforced under the Convention if the defendant has not had an opportunity to put his defence before the court which gave the judgment (Case 166/80 Klomps [1981] ECR 1593, paragraph 9, Case C‑172/91 Sonntag [1993] ECR I-1963, paragraph 38, and Hengst Import , cited above, paragraph 17). | 36. In the context of that case, contrary to the position in the cases which gave rise to the judgments in Case C-132/92 Roberts [1993] ECR I‑5579 (paragraph 20) and in Hlozek (paragraph 48), the advantage accorded to female workers of being able to claim a retirement pension from an age five years younger than that set for male workers is not directly connected with the object of the rules establishing a difference in treatment. | 0 |
864,869 | 38. As supplies of services, such leasing transactions are, as a general rule, subject to VAT under Article 2(1)(c) of the VAT Directive, and for which the taxable amount is determined in accordance with Article 73 thereof (see, to that effect, Part Service , paragraph 61). However, as regards the supply of services, they must normally be exempt from VAT under Article 135(1)(a) of the VAT Directive. | 82. En raison du changement majeur de circonstances mentionné au point 80 du présent arrêt, l’appréciation portée par la Commission sur ces régimes d’aides ne peut donc être considérée comme préjugeant de celle qui aurait été portée sur un régime d’aides, comprenant des mesures similaires, mais qui aurait trouvé à s’appliquer dans un contexte économique radicalement différent de celui que la Commission a pris en compte dans le cadre de son appréciation. Il s’ensuit que la compatibilité avec le marché intérieur du nouveau régime d’aides ayant fait l’objet d’une demande adressée au Conseil par la République de Pologne au titre de l’article 88, paragraphe 2, troisième alinéa, CE doit être évaluée au terme d’une appréciation individuelle distincte de celle des régimes mentionnés au point 18 du présent arrêt, effectuée en prenant en considération les circonstances économiques pertinentes au moment où ces aides sont accordées (voir, en ce sens, arrêts du 3 octobre 1991, Italie/Commission, C‑261/89, Rec. p. I‑4437, point 21, ainsi que du 21 juillet 2011, Freistaat Sachsen et Land Sachsen-Anhalt/Commission, C‑459/10 P, Rec. p. I‑109, point 48). | 0 |
864,870 | 133. It is also the Court’s settled case-law that, when the amount of the fine is determined, there cannot, by the application of different methods of calculation, be any discrimination between the undertakings which have participated in an agreement or a concerted practice contrary to Article 81(1) EC ( Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 58 and the case‑law cited). | 50. As regards the bilateral tax conventions concluded by the Member States, the Court has previously noted that the scope of such a convention is limited to the natural or legal persons referred to in it (see D. , paragraph 54, and Test Claimants in Class IV of the ACT Group Litigation , paragraph 84). | 0 |
864,871 | 50. An undertaking which has participated in such a single and complex infringement through its own conduct, which fell within the definition of an agreement or concerted practice having an anti-competitive object within the meaning of Article 81(1) EC and was intended to help bring about the infringement as a whole, may thus be responsible also in respect of the conduct of other undertakings in the context of the same infringement throughout the period of its participation in the infringement. That is the case where it can be shown that that undertaking intended, through its own conduct, to contribute to the common objectives pursued by all the participants and that it was aware of the actual conduct planned or put into effect by other undertakings in pursuit of the same objectives or that it could reasonably have foreseen it and that it was prepared to take the risk ( Commission v Anic Partecipazioni , paragraphs 83, 87 and 203, and Aalborg Portland and Others v Commission , paragraph 83). | 24 National legislation such as Article 53a(2) of the GewO, which provides that bakers, butchers and grocers may not make sales on rounds in a given administrative district, such as an Austrian Verwaltungsbezirk, unless they also carry on their trade at a permanent establishment situated in that administrative district or in an adjacent municipality, where they also offer for sale the same goods as they do on their rounds, relates to the selling arrangements for certain goods in that it lays down the geographical areas in which each of the operators concerned may sell his goods by that method. | 0 |
864,872 | 61. That being so, in order to answer the question posed concerning the consequences to be drawn from the finding that a contractual term is unfair, it is necessary to refer both to the wording of Article 6(1) of Directive 93/13 and to the objectives and overall scheme of that provision (see, to that effect, Case C-482/07 AHP Manufacturing [2009] ECR I-7295, paragraph 27, and Case C-125/10 Merck Sharp & Dohme Corp. [2011] ECR I-12987, paragraph 29). | 29 Secondly, conversion into a definitive reduction without compensation does not affect the actual substance of that right inasmuch as the Irish producers were able to continue to pursue their trade or profession as milk producers. Moreover, the reduction in milk production led to an increase in the price of milk, thus compensating, at least in part, the loss suffered.
The principle of proportionality | 0 |
864,873 | 22. Where questions submitted by national courts concern the interpretation of a provision of European Union law, the Court is bound, in principle, to give a ruling unless it is obvious that the request for a preliminary ruling is in reality designed to induce the Court to give a ruling by means of a fictitious dispute, or to deliver advisory opinions on general or hypothetical questions, or that the interpretation of European Union law requested bears no relation to the actual facts of the main action or its purpose, or that the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( Confederación Española de Empresarios de Estaciones de Servicio , paragraph 17 and case‑law cited). | 27. Under Article 28(2), Union citizens or their family members, irrespective of nationality, who have the right of permanent residence in the territory of the host Member State pursuant to Article 16 of the directive cannot be the subject of an expulsion decision ‘except on serious grounds of public policy or public security’. | 0 |
864,874 | 58. As regards the question whether the right to equal treatment enjoyed by nationals of a Member State seeking employment in another Member State also encompasses benefits of a financial nature such as the benefit at issue in the main proceedings, the Court has held that Member State nationals who move in search of employment qualify for equal treatment only as regards access to employment in accordance with Article 48 of the Treaty and Articles 2 and 5 of Regulation No 1612/68, but not with regard to social and tax advantages within the meaning of Article 7(2) of that regulation ( Lebon , paragraph 26, and Case C-278/94 Commission v Belgium , cited above, paragraphs 39 and 40). | 24. The questions referred must be resolved in the light of all the provisions of the Treaty and of secondary legislation which may be relevant to the problem (see Case 137/84 Mutsch [1985] ECR 2681, paragraph 10). | 0 |
864,875 | 76. That conclusion contradicts, however, the Court of Justice’s case-law, from which it is apparent that if, as in the case in point, recognition of the alleged illegality is such as to procure an advantage for the applicant, it establishes that his interest in bringing proceedings for annulment is retained even where the contested act has ceased to have effect after he brought his action (see, to that effect, M. v Commission , paragraphs 5 and 6; AKZO Chemie and AKZO Chemie UK v Commission ; Culin v Commission , paragraphs 27 to 29; and Abdulrahim v Council and Commission , paragraph 79). | 63. In so far as vitamins or minerals are usually defined as substances which, in minute quantities, form an essential part of the daily diet and are indispensable for the proper functioning of the body, they cannot, as a general rule, be regarded as medicinal products when they are consumed in small quantities. Similarly, it is a fact that vitamin preparations or preparations containing minerals are sometimes used, generally in large doses, for therapeutic purposes in combating certain diseases other than those of which the morbid cause is a vitamin or mineral deficiency. In such cases, it is beyond dispute that those preparations constitute medicinal products (see, in respect of vitamins, Van Bennekom , paragraphs 26 and 27). | 0 |
864,876 | 30. It should be recalled that, according to the Court’s case-law, the transfer of an economic activity from a legal person governed by private law to a legal person governed by public law is in principle within the scope of Directive 77/187. Only the reorganisation of structures of the public administration or the transfer of administrative functions between public administrative authorities is excluded from that scope (Case C-298/94 Henke [1996] ECR I-4989, paragraph 14, and Mayeur , paragraphs 29 to 34). | Par conséquent, si la lettre de mise en demeure a pour but de circonscrire l’objet du litige, lequel ne peut plus être étendu
par la suite, l’avis motivé et la requête devant reposer sur les mêmes griefs, la Commission est toutefois libre de se fonder
par la suite sur des mesures ultérieures qui s’apparentent, pour l’essentiel, aux mesures contestées dans la mise en demeure
(voir, en ce sens, arrêts et du 18 mai 2006, Commission/Espagne, C‑221/04, non publié, EU:C:2006:329, point 37, du 6 septembre
2012, Commission/Portugal, C‑38/10, non publié, EU:C:2012:521, point 15, du 25 février 2016, Commission/Espagne, C‑454/14,
non publié, EU:C:2016:117, point 25). | 0 |
864,877 | 46. In that regard, the Court has already ruled on the meaning of ‘necessary adaptations’ in the context of acts of accession, holding that the adaptation measures provided for by such acts, as a general rule, authorise only adaptations intended to render earlier Community measures applicable in the new Member States, to the exclusion of all other amendments (see, to that effect, in relation to Article 169 of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21), Case C‑259/95 Parliament v Council [1997] ECR I‑5303, paragraphs 14 and 19; and, in respect of Article 57 of the Act of Accession, Case C‑413/04 Parliament v Council [2006] ECR I‑11221, paragraphs 31 to 38, and Case C‑414/04 Parliament v Council [2006] ECR I‑11279, paragraphs 29 to 36). | 47. A measure which constitutes an obstacle to freedom of movement for workers can be accepted only if it pursues a legitimate aim compatible with the Treaty and is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (see Case C-325/08 Olympique Lyonnais [2010] ECR I-2177, paragraph 38, and Case C-461/11 Radziejewski [2012] ECR, paragraph 33). | 0 |
864,878 | 41. The Member States must, in exercising the discretion described in paragraphs 32 to 35 of this judgment, comply with the provisions of the Treaty on the free movement of goods where applicable. Those provisions prohibit the Member States from introducing or maintaining, as regards the objective of the protection of public health, unjustified restrictions on the exercise of that freedom (see, by analogy, Case C‑372/04 Watts [2006] ECR I-4325, paragraph 92; Commission v Germany , paragraph 23; and Apothekerkammer des Saarlandes and Others , paragraph 18). | 30 In the first place, Directive 77/187 applies, by virtue of Article 1(1), to the transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer or merger. | 0 |
864,879 | 45. In that regard, it must be observed that, in an overall assessment of the evidence that the mark has acquired a distinctive character through use, it may indeed appear, inter alia, that the perception of the relevant public is not necessarily the same for each of the categories of marks and that, accordingly, it could prove more difficult to establish the distinctive character, including distinctiveness acquired through use, of trade marks in certain categories than that of those in other categories (Case C‑218/01 Henkel EU:C:2004:88, paragraph 52 and the case-law cited, and Nichols EU:C:2004:538, paragraph 28). | 9 It appears from the context in which that provision was adopted that the expression "an act that could give rise to criminal court proceedings" means acts which, under the legal system of the Member States whose competent authorities are seeking the post-clearance recovery of duties, may be classified as offences under national criminal law. | 0 |
864,880 | 34. Moreover, the adjustment surtax itself cannot be regarded as a withholding tax prohibited under Article 5(1) of the Directive, since the taxable person is not the holder of the shares but the company making the distribution (see, to that effect, Burda , paragraphs 55 and 56). | 33 However, in order for it to be held that such a collective dominant position exists, the undertakings in the group must be linked in such a way that they adopt the same conduct on the market (judgment in Almelo and Others, cited above, paragraph 42). | 0 |
864,881 | 50. As regards the right of residence in the host Member State of nationals of third countries who are family members of a Union citizen, attention should be drawn, as a preliminary point, to the settled case-law of the Court which states that the rights conferred on third-country nationals by Directive 2004/38 are not autonomous rights of those nationals but rights derived from the exercise of freedom of movement by a Union citizen. The purpose and justification of those derived rights are based on the fact that a refusal to allow such rights would be liable to interfere with the Union citizen’s freedom of movement by discouraging him from exercising his rights of entry into and residence in the host Member State (see, to that effect, judgment in O and B , C‑456/12, EU:C:2014:135, paragraphs 36 and 45 and the case-law cited). | 34. Similarly, Article 4(2) of the Directive is concerned, as the Advocate General has noted in point 75 of her Opinion, solely with establishing the detailed rules and the scope of the substantive assessment of contract terms which have not been individually negotiated and which describe the essential obligations of contracts concluded between a seller or supplier and a consumer. | 0 |
864,882 | 27. The Court has repeatedly held that a benefit is regarded as a social security benefit where it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a statutorily defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, inter alia, Hosse , paragraph 37, and Commission v Parliament and Council , paragraph 56). | 26. Or, s’il ressort, certes, des décisions de renvoi que les requérantes au principal sont de nationalité italienne et que tous les éléments factuels des litiges au principal sont circonscrits à l’intérieur d’un seul État membre, il n’en demeure pas moins que la réglementation en cause au principal est susceptible de produire des effets qui ne sont pas cantonnés à cet État membre. | 0 |
864,883 | 53. When assessing the generic character of a name, the Court has held that it is necessary, under Article 3(1) of Regulation 2081/92, to take into account the places of production of the product concerned both inside and outside the Member State which obtained the registration of the name at issue, the consumption of that product and how it is perceived by consumers inside and outside that Member State, the existence of national legislation specifically relating to that product, and the way in which the name has been used in Community law (see Joined Cases C-465/02 and C-466/02 Germany and Denmark v Commission [2005] ECR I-9115, paragraphs 76 to 99). | 22. Par ailleurs, il y a lieu 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 les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 11 octobre 2001, Commission/Autriche, C‑110/00, Rec. p. I‑7545, point 13; du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 25 mars 2010, Commission/Espagne, C‑392/08, Rec. p. I‑2537, point 26). | 0 |
864,884 | 22. According to settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs tariff purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and of the notes to the sections or chapters (Case C‑396/02 DFDS [2004] ECR I-8439, paragraph 27, and Case C-445/04 Possehl Erzkontor [2005] ECR I‑0000, paragraph 19). | 14 IT SHOULD BE NOTED THAT THE RESULT OF THAT INTERPRETATION OF DIRECTIVE 71/305 IS IN CONFORMITY WITH THE SCHEME OF THE TREATY PROVISIONS CONCERNING THE PROVISION OF SERVICES . TO MAKE THE PROVISION OF SERVICES IN ONE MEMBER STATE BY A CONTRACTOR ESTABLISHED IN ANOTHER MEMBER STATE CONDITIONAL UPON THE POSSESSION OF AN ESTABLISHMENT PERMIT IN THE FIRST STATE WOULD BE TO DEPRIVE ARTICLE 59 OF THE TREATY OF ALL EFFECTIVENESS , THE PURPOSE OF THAT ARTICLE BEING PRECISELY TO ABOLISH RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES BY PERSONS WHO ARE NOT ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS TO BE PROVIDED .
| 0 |
864,885 | 91
In particular, the Court has already observed that Article 2(7) of Regulation No 384/96 is the expression of the EU legislature’s intention to adopt an approach specific to the EU legal order, by laying down a special regime of detailed rules relating to the calculation of normal value for imports from non-market economy countries (see, to this effect, judgment in Commission v Rusal Armenal, C‑21/14 P, EU:C:2015:494, paragraphs 47 to 50 and 53). The second subparagraph of Article 9(5) of Regulation No 384/96 refers to Article 2(7) of that regulation and constitutes an integral part of the regime which it lays down. | 22. Toutefois, cette exigence ne saurait aller jusqu’à imposer en toute hypothèse une coïncidence parfaite entre les dispositions nationales qui sont mentionnées dans l’avis motivé et celles qui apparaissent dans la requête. Lorsqu’un changement législatif est intervenu entre ces deux phases de procédure, il suffit que le système mis en place par la législation contestée au cours de la procédure précontentieuse ait été, dans son ensemble, maintenu par les nouvelles mesures adoptées par l’État membre postérieurement à l’avis motivé et attaquées dans le cadre du recours (voir arrêts du 1 er février 2005, Commission/Autriche, C‑203/03, Rec. p. I‑935, points 29 et 30, ainsi que du 22 septembre 2005, Commission/Belgique, C-221/03, Rec. p. I‑8307, point 39 et jurisprudence citée). | 0 |
864,886 | 34. In that regard, it must be noted that both the integration of students and the wish to establish that there is a connection between the society of the Member State concerned and the recipient of a benefit such as that at issue in the main proceedings can constitute objective considerations of public interest which are capable of justifying the fact that the conditions for the grant of the benefit may affect the freedom of movement of the citizens of the Union (see, by analogy, D’Hoop , paragraph 38; Tas‑Hagen and Tas , paragraph 35; Case C‑499/06 Nerkowska [2008] ECR I‑3993, paragraph 37; and Case C‑103/08 Gottwald [2009] ECR I‑9117, paragraph 32). | 35. Admittedly, this aim of solidarity may constitute an objective consideration of public interest. It is still necessary for the condition of proportionality outlined in paragraph 33 above to be met. It follows from the case-law that a measure is proportionate when, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain it ( De Cuyper , paragraph 42). | 1 |
864,887 | 166. The reasonableness of a period is to be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned, its complexity and the conduct of the applicant and of the competent authorities (Baustahlgewebe , paragraph 29, and Limburgse Vinyl Maatschappij , paragraph 187). | 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 |
864,888 | 35 Furthermore, as the Court has ruled in connection with Article 92(1) of the EC Treaty, the expression `aid', for the purposes of Article 4(c) of the ECSC Treaty, necessarily implies advantages granted directly or indirectly through State resources or constituting an additional charge for the State or for bodies designated or established by the State for that purpose (see Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele [1978] ECR 25, paragraphs 23 to 25; Joined Cases 213/81 to 215/81 Norddeutsches Vieh- und Fleischkontor Will and Others v BALM [1982] ECR 3583, paragraph 22; Joined Cases C-72/91 and C-73/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraphs 19 and 21; Case C-189/91 Kirsammer-Hack v Sidal [1993] ECR I-6185, paragraph 16; and Joined Cases C-52/97 to C-54/97 Viscido and Others v Ente Poste Italiane [1998] ECR I-2629, paragraph 13). | 116. The Court is required to determine the duration of the infringement. The duration must be assessed by reference to the time when the Court assesses the facts, not the time at which the case is brought before it by the Commission (see Case C‑177/04 Commission v France , paragraph 71, and Commission v Portugal , paragraph 45). | 0 |
864,889 | 65. A commitment of that type arises from Article 11 of the 1957 Agreement, as amended by the Exchange of Notes of 29 January and 13 March 1992 and by Article 6 of the 1978 Protocol. The Kingdom of the Netherlands has maintained that commitment despite the renegotiation of the 1957 Agreement which led to the Exchange of Notes of October 1992. By proceeding in that way, the Kingdom of the Netherlands has thus infringed the exclusive external competence of the Community which results from Article 1(3) of Regulation No 2409/92 (see, to that effect, Commission v Denmark , paragraphs 97 to 100; Commission v Sweden , paragraphs 93 to 96; Commission v Finland , paragraphs 98 to 101; Commission v Belgium , paragraphs 110 to 113; Commission v Luxembourg , paragraphs 103 to 106; Commission v Austria , paragraphs 112 to 115, and Commission v Germany , paragraphs 123 to 126). | 35. In that respect, it must be pointed out that the effectiveness of fiscal supervision constitutes an overriding requirement of general interest capable of justifying a restriction on the exercise of fundamental freedoms guaranteed by the Treaty (see, to that effect, Case C‑254/97 Baxter and Others [1999] ECR I‑4809, paragraph 18 and the case‑law cited). | 0 |
864,890 | 29 It is thus settled law that that prohibition covers not only charges paid for the registration of new companies, but also those payable by companies for the registration of increases in capital since these, too, are levied on account of an essential formality connected with the legal form of the companies in question. While registration of an increase in capital is not, strictly speaking, a formality required before the commencement of business by a capital company, it is none the less necessary for the carrying on of that business (see, in particular, Case C-134/99 IGI [2000] ECR I-7717, paragraph 23). | 60. Firstly, Article L 911‑1 of the Social Security Code provides that supplementary collective guarantees under which employees benefit can be established in different ways. The use of a collective agreement is, in that context, a choice made by the social partners, in the knowledge that that provision also allows such cover to be organised at the level of one undertaking, and not at that of an entire occupational sector. | 0 |
864,891 | 30 In that regard, it has consistently been held that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see, inter alia, Case 348/87 Stichting Uitvoering Financiële Acties [1989] ECR 1737, paragraph 13; Case C-358/97 Commission v Ireland [2000] ECR I-6301, paragraph 52; Case C-359/97 Commission v United Kingdom [2000] ECR I-6355, paragraph 64; and Case C-150/99 Stockholm Lindöpark [2001] ECR I-493, paragraph 25). | 48. First, the function of the graphic representability requirement is, in particular, to define the mark itself in order to determine the precise subject of the protection afforded by the registered mark to its proprietor. | 0 |
864,892 | 10 FINALLY , THE COURT HAS ACKNOWLEDGED THAT THE HEALTH INSPECTION OF GOODS IMPORTED FROM NON-MEMBER COUNTRIES IS CARRIED OUT IN A DIFFERENT FACTUAL AND LEGAL CONTEXT FROM THE INSPECTION OF GOODS ORIGINATING IN THE COMMUNITY AND IN SUCH A CONTEXT THE LEVYING OF HEALTH INSPECTION CHARGES BY THE MEMBER STATES DOES NOT APPEAR TO BE PROHIBITED IN PRINCIPLE , PROVIDED , HOWEVER , THAT THERE IS A SUFFICIENTLY CLOSE CONNECTION BETWEEN THE AMOUNT OF THOSE CHARGES AND THE ACTUAL COST OF THE INSPECTIONS ( SEE THE FOLLOWING JUDGMENTS : JUDGMENTS OF 28 . 6 . 1978 IN CASE 70/77 , SIMMENTHAL , CITED ABOVE ; OF 5 . 7 . 1978 IN CASE 138/77 , LUDWIG V FREE AND HANSEATIC CITY OF HAMBURG , ( 1978 ) ECR 1645 ; OF 22 . 1 . 1980 IN CASE 30/79 , WIGEI , CITED ABOVE ; AND OF 22 . 3 . 1983 IN CASE 88/82 , AMMINISTRAZIONE DELLE FINANZE DELLO STATO V LEONELLI , ( 1983 ) ECR 1061 ).
| 74. Contrary to the submissions of the Council and the Commission, it is unimportant that the pleas for annulment relied upon in the judicial proceedings relate to the statement of reasons for the act in question or to compliance with an applicant’s procedural rights. Annulment on such grounds of a decision freezing funds would be liable to give the applicant satisfaction in that it gives rise to serious doubts as to the way in which the body concerned exercised its powers in his regard. | 0 |
864,893 | 17. In this context, it must be noted that it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or the definition of the factual context. The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (see, in particular, Case C‑475/99 Ambulanz Glöckner [2001] ECR I‑8089, paragraph 10; Case C‑136/03 Dörr and Ünal [2005] ECR I‑4759, paragraph 46; and Case C-244/06 Dynamic Medien [2008] ECR I-0000, paragraph 19). | 13 In that respect it should be borne in mind, first, that the Directive is designed to protect commercial agents, within the meaning of the Directive. According to Article 1(2), a commercial agent is `a self-employed intermediary who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person ... or to negotiate and conclude such transactions on behalf of and in the name of that principal'. Since entry in a register is not referred to as a condition for protection under the Directive, it follows that protection under the Directive is not conditional upon entry in a register. | 0 |
864,894 | 23. Indeed, the opportunities offered by the Treaty in relation to freedom of movement for citizens of the Union cannot be fully effective if a national of a Member State can be deterred from availing himself of them by obstacles placed in the way of his stay in another Member State by legislation of his State of origin penalising the mere fact that he has used those opportunities (see D’Hoop , paragraph 31; Morgan and Bucher , paragraph 26; and Prinz and Seeberger , paragraph 28). | 28. As a consequence, the collection of interest on arrears is conditional upon failure to pay the duty by the deadline set and such collection may not be made where the debtor has paid the customs debt within the time allowed. | 0 |
864,895 | 81. It should be noted at the outset that, 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 General Court would be to authorise it to bring before the Court of Justice, the appellate jurisdiction of which is limited, a case of wider ambit than that which came before the General Court. In an appeal, the jurisdiction of the Court of Justice is thus confined to a review of the findings of law on the pleas argued before the General Court (see, to that effect, Case C‑136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 58 and 59; Case C‑266/97 P VBA v VGB and Others [2000] ECR I‑2135, paragraph 79; Joined Cases C-456/01 P and C‑457/01 P Henkel v OHIM [2004] ECR I-5089, paragraph 50; and Case C‑16/06 P Les Éditions Albert René v OHIM [2008] ECR I-10053, paragraph 126). | 38. As the Advocate General observes in point 63 of her Opinion, the assessment of the comparability of the services supplied hinges not only on the comparison of individual services, but on the context in which those services are supplied. | 0 |
864,896 | 24. The legislation in question also has a restrictive effect as regards companies established in other Member States as it prevents them from raising capital in France, given that the proceeds of contracts taken out with those companies are treated less favourably from a tax point of view than proceeds payable by a company which is established in France. This means that their contracts are less attractive to investors residing in France than those of companies which are established in that Member State (for a similar situation, see Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 35, and Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 18). | 105. Third, to the e xtent that Article 11(1a) of Law No 990/69 and Article 35(1) of the Code of Private Insurance are likely to have repercussions on premium rates in that they outline a technical framework within which insurance undertakings must calculate their premiums, it is clear that such a restriction on the freedom to set rates is not prohibited by Directive 92/49. | 0 |
864,897 | 83. Faced with a series of infringements as serious as those found by the Commission, it is for the Member State concerned to adduce the most detailed and comprehensive evidence that the Commission’s findings are incorrect. That Member State cannot rebut the Commission’s findings by mere assertions which are not substantiated by evidence of a reliable and operational supervisory system (see Case C-157/00 Greece v Commission , paragraphs 17 and 18). | 18. The Member State concerned, for its part, cannot rebut the Commission's findings by mere assertions which are not substantiated by evidence of a reliable and operational supervisory system. If it is not able to show that they are inaccurate, the Commission's findings can give rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures (Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 7). | 1 |
864,898 | 62. It must be stated that, since it is related to intra-Community trade, such a situation may fall within the scope of the provisions of the Treaty relating to the fundamental freedoms ( Keller Holding , paragraph 24) and that inasmuch as, from a taxation perspective, they put Community situations at a disadvantage compared with purely domestic situations, the provisions of the CGI at issue in the main proceedings thus constituted a restriction which is, in principle, prohibited by the Treaty provisions relating to freedom of establishment (see Case C‑418/07 Papillon [2008] ECR I‑8947, paragraph 32). | 24. Given that the legislation at issue in the main proceedings applies to situations related to intra-Community trade, the problem raised by those proceedings may fall within the scope of the provisions of the Treaty relating to the fundamental freedoms (see, to that effect, Case 286/81 Oosthoek’s Uitgeversmaatschappij [1982] ECR 4575, paragraph 9, and Case C-300/01 Salzmann [2003] ECR I-4899, paragraph 32). | 1 |
864,899 | 30. In that connection, it is clear from the case-law of the Court that the basis of assessment for a supply of services is everything which makes up the consideration for the service and that a supply of services is therefore taxable only if there is a direct link between the service supplied and the consideration received (Case 102/86 Apple and Pear Development Council [1988] ECR 1443, paragraph 11 and 12, and Tolsma , paragraph 13). | 16 In that respect, it is apparent from both the sixth recital in the preamble and from Article 2 that the Directive was intended to ensure the information and protection of the ultimate consumer of foodstuffs, in particular as regards the nature, identity, properties, composition, quantity, durability, origin or provenance and method of manufacture or production of those products. | 0 |
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