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91. Lastly, as regards the justification based on Article 86(2) EC, it must be stated that that provision, in conjunction with Article 86(1) EC, may be relied on to justify the grant by a Member State to an undertaking entrusted with the operation of services of general economic interest of special or exclusive rights which are contrary to the provisions of the Treaty, to the extent to which performance of the particular task assigned to that undertaking can be assured only through the grant of such rights and provided that the development of trade is not affected to such an extent as would be contrary to the interests of the European Union (Case C‑340/99 TNT Traco [2001] ECR I‑4109, paragraph 52; Case C‑220/06 Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia [2007] ECR I‑12175, paragraph 78; and Case C‑567/07 Woningstichting Sint Servatius [2009] ECR I‑9021, paragraph 44).
31. Il convient de relever que les cas dans lesquels il est permis de limiter l’obligation de paiement des institutions de garantie, tels que prévus par l’article 4 de la directive 80/987, telle que modifiée, doivent faire l’objet d’une interprétation stricte (voir, en ce sens, arrêt van Ardennen, précité, point 34).
0
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52. However, the nature of a time-limit must be determined with reference to the general context in which it occurs and with regard to its objective (see, to that effect, inter alia , Case C-357/88 Hopermann [1990] ECR I-1669, paragraph 12 and Case C-289/97 Eridania [2000] ECR I-5409, paragraph 26).
38 First, as follows clearly from paragraph 16 of Bally, referred to in paragraph 29 of this judgment, the relationships between seller and purchaser and between seller and finance house must be distinguished for the purpose of determining the basis for calculating VAT. Consequently, the fact that the supply of services by the finance house is, in principle, VAT-exempt has no bearing on the basis of assessment for the charging of VAT in respect of the transaction between seller and purchaser, which alone is in issue in the main proceedings.
0
864,902
51 It should be noted in that regard, first, that the French Government was unable to provide any information on the question whether the declaration relied on by it was ever recorded in the minutes of the Council meeting. Moreover, it is settled case-law that declarations recorded in Council minutes in the course of preparatory work leading to the adoption of a directive cannot be used for the purpose of interpreting that directive where no reference is made to the content of the declaration in the wording of the provision in question. The declaration therefore has no legal significance (see the judgment in Case C-292/89 Antonissen [1991] ECR I-745, paragraph 18).
56. In the present instance, if the referring court finds that the Decree of the Walloon Parliament of 17 July 2008 does not satisfy the conditions laid down in Article 1(5) of Directive 85/337 and recalled in paragraph 37 of the present judgment, and if it turns out that, under the applicable national rules, no court of law or independent and impartial body established by law has jurisdiction to review the substantive or procedural validity of that decree, the decree must then be regarded as incompatible with the requirements flowing from Article 9 of the Aarhus Convention and Article 10a of Directive 85/337. The referring court must then disapply it.
0
864,903
154. With regard, finally, to the validity of the Directive in the light of Article 20 of the TRIPs Agreement, the Court has consistently held that the lawfulness of a Community measure cannot be assessed in the light of instruments of international law which, like the WTO Agreement and the TRIPs Agreement which is part of it, are not in principle, having regard to their nature and structure, among the rules in the light of which the Court is to review the lawfulness of measures adopted by the Community institutions (Case C-149/96 Portugal v Council [1999] ECR I-8395, paragraph 47; Case C-377/98 Netherlands v Parliament and Council , cited above, paragraph 52; Case C-301/97 Netherlands v Council [2001] ECR I-8853, paragraph 53, and Joined Cases C-27/00 and C-122/00 Omega Air and Others [2002] ECR I-2569, paragraph 93).
9 IN ORDER TO ENSURE EFFECTIVE SUPERVISION OF THE PROPER CONDUCT OF DENATURING OPERATIONS AND TO PREVENT THE SAME PRODUCT FROM BENEFITING MORE THAN ONCE FROM THE AID , REGULATION NO 990/72 PROVIDES FOR ON-THE-SPOT CHECKS ON DENATURING UNDERTAKINGS . IN ORDER TO ENABLE DENATURING TO BE SUPERVISED ON THE PREMISES , ARTICLE 3 ( 2 ) OF THE REGULATION REQUIRES UNDERTAKINGS CARRYING OUT DENATURING TO GIVE CERTAIN INFORMATION TO THE COMPETENT NATIONAL AGENCY BEFORE PROCEEDINGS WITH THE DENATURING . WHEN ARTICLE 10 OF THE REGULATION PROVIDES THAT MEMBER STATES SHALL TAKE ALL MEASURES ' ' NECESSARY TO ENSURE THAT THE PROVISIONS LAID DOWN IN THIS REGULATION ARE COMPLIED WITH ' ' , IT REFERS TO COMPLIANCE WITH ALL THE PROVISIONS OF THE REGULATION , INCLUDING ARTICLE 3 .
0
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113 Fifthly and lastly, Hercules' allegation that the Court of First Instance misapplied Article 85(1) of the Treaty as regards its participation in a system of sales volume targets and quotas from 1981 onwards is too general and imprecise to be assessed by the Court. A mere abstract statement of a plea in the application does not satisfy the requirements of the first paragraph of Article 19 of the EC Statute of the Court of Justice and Article 38(1)(c) of its Rules of Procedure (see, inter alia, to that effect Case C-330/88 Grifoni v EAEC [1991] ECR I-1045, paragraph 18).
29. However, the margin of discretion which the Member States enjoy in matters of social policy cannot have the effect of frustrating the implementation of a fundamental principle of Community law or of a provision of that law (see, to that effect, Seymour-Smith and Perez , paragraph 75, and Kutz-Bauer , paragraph 57). The first question
0
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32 Indeed, according to established case-law, 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 turnover tax is to be levied on all services supplied for consideration by a taxable person (see to that effect Stichting Uitvoering Financiële Acties, cited above, paragraph 13; Case C-453/93 Bulthuis-Griffioen [1995] ECR I-2341, paragraph 19; Case C-346/95 Blasi [1998] ECR I-481, paragraph 18; and Case C-149/97 Institute of the Motor Industry [1998] ECR I-7053, paragraph 17).
27 IN THOSE CIRCUMSTANCES THE COMMISSION WAS ENTITLED TO TAKE THE VIEW THAT THERE WAS A REAL DANGER OF A RESUMPTION OF THAT PRACTICE IF GVL ' S OBLIGATION TO TERMINATE IT WERE NOT EXPRESSLY CONFIRMED AND THAT CONSEQUENTLY IT WAS NECESSARY TO CLARIFY THE LEGAL POSITION .
0
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177 First of all, that complaint must be held to be admissible. Article 113(2) of the Rules of Procedure of the Court of Justice does indeed provide that the subject-matter of the proceedings before the Court of First Instance may not be changed in the appeal and that the jurisdiction of the Court of Justice is confined to review of the findings of law on the pleas argued before the Court of First Instance (Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 59).
25. Having regard to the latter aspects, that article cannot be given an interpretation which would lead to marks with a reputation having less protection where a sign is used for identical or similar goods or services than where a sign is used for non-similar goods or services.
0
864,907
22. It should also be noted that Directive 84/450 carried out an exhaustive harmonisation of the conditions under which comparative advertising in Member States might be permitted and that such a harmonisation implies by its nature that the lawfulness of comparative advertising throughout the European Union is to be assessed solely in the light of the criteria laid down by the European Union legislature (see Case C‑44/01 Pippig Augenoptik [2003] ECR I‑3095, paragraph 44).
44. It follows that Directive 84/450 carried out an exhaustive harmonisation of the conditions under which comparative advertising in Member States might be lawful. Such a harmonisation implies by its nature that the lawfulness of comparative advertising throughout the Community is to be assessed solely in the light of the criteria laid down by the Community legislature. Therefore, stricter national provisions on protection against misleading advertising cannot be applied to comparative advertising as regards the form and content of the comparison.
1
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60. In that regard, it is established that, in the absence of harmonising rules, the Member States are free to decide on their intended level of protection of human life and health and on the need to monitor the goods concerned when being used (see, to that effect, Case C-293/94 Brandsma [1996] ECR I-3159, paragraph 11, and C-432/03 Commission v Portugal [2005] ECR I-9665, paragraph 44).
24. Il en résulte qu’un système de taxation ne peut être considéré comme compatible avec l’article 90 CE que s’il est établi qu’il est aménagé de façon à exclure, en toute hypothèse, que les produits importés soient taxés plus lourdement que les produits nationaux et, dès lors, qu’il ne comporte, en aucun cas, des effets discriminatoires (arrêt Krawczyński, précité, point 32 et jurisprudence citée).
0
864,909
69 Second, while it is settled case-law that in the context of the cooperation between the Court of Justice and the national courts provided for by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court, the Court has also stated that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to determine whether it has jurisdiction. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-36/99 Idéal tourisme [2000] ECR I-6049, paragraph 20; Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Case C-340/99 TNT Traco [2001] ECR I-4109, paragraph 31, and Case C-472/99 Clean Car Autoservice [2001] ECR I-9687, paragraph 14).
26 Therefore, the Member States may, in principle, choose to apply a reduced VAT rate to pharmaceutical products which are mentioned in point 3 of Annex III to the VAT Directive, while applying the standard rate to medical devices mentioned in point 4 thereof. They may also choose to apply a reduced VAT rate to specific pharmaceutical products or medical devices among those mentioned in points 3 and 4, while applying the standard rate to other such products or devices. In any event, the Member States are required to apply the standard rate to products not mentioned in that annex.
0
864,910
34 Thus, the services provided by an IGP come within the exemption provided for in Article 132(1)(f) of Directive 2006/112 where the provision of those services contributes directly to the exercise of activities in the public interest referred to in Article 132 of that directive (see, by analogy, judgment of 5 October 2016, TMD, C‑412/15, EU:C:2016:738, paragraphs 31 to 33).
9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêt du 12 mars 2009, Commission/Grèce, C‑298/08, point 7 et jurisprudence citée).
0
864,911
33. Moreover, as is evident from recitals 2 and 12 in the preamble thereto, the purpose of Directive 2003/6 is to protect the integrity of the European Union financial markets and to enhance investor confidence in those markets. That confidence depends on, inter alia, investors being placed on an equal footing and protected against the improper use of insider information (see, to that effect, Case C-45/08 Spector Photo Group and Van Raemdonck [2009] ECR I-12073, paragraph 47, and Case C-445/09 IMC Securities [2011] ECR I-5917, paragraph 27).
67. In those circumstances, the premiss on which the Netherlands Government’s argument concerning fiscal coherence is based does not hold true having regard to the aim pursued by the tax system laid down by Article 167a of the CGI. Therefore, justification for such a system based on an objective of fiscal coherence, which, moreover, the French Government has not argued, cannot be accepted.
0
864,912
31. Admittedly, the mere fact that a website is accessible from the territory covered by the trade mark is not a sufficient basis for concluding that the offers for sale displayed there are targeted at consumers in that territory ( L’Oréal and Others , paragraph 64).
26. Même si, selon leur libellé, les dispositions du traité FUE relatives à la liberté d’établissement visent à assurer le bénéfice du traitement national dans l’État membre d’accueil, elles s’opposent également à ce que l’État membre d’origine entrave l’établissement dans un autre État membre de l’un de ses ressortissants ou d’une société constituée en conformité avec sa législation (arrêts National Grid Indus, précité, point 35, et du 25 avril 2013, Commission/Espagne, C‑64/11, point 25).
0
864,913
81. A Member State which seeks to be allowed to grant aid by way of derogation from the Treaty rules has a duty to collaborate with the Commission. In pursuance of that duty, it must in particular provide all the information to enable the Commission to verify that the conditions for the derogation sought are fulfilled (see Case C‑364/90 Italy v Commission [1993] ECR I‑2097, paragraph 20).
6 IN THAT REGARD IT MUST BE POINTED OUT THAT IN ITS JUDGMENTS THE COURT HAS HELD THAT THE COMMUNITY INSTITUTIONS HAVE A BROAD DISCRETION TO ORGANIZE THEIR DEPARTMENTS TO SUIT THE TASKS ENTRUSTED TO THEM AND TO ASSIGN STAFF AVAILABLE TO THEM IN THE LIGHT OF SUCH TASKS, ON CONDITION HOWEVER THAT THE STAFF ARE ASSIGNED IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH THE PRINCIPLE OF ASSIGNMENT TO AN EQUIVALENT POST ( JUDGMENT OF 23 JUNE 1984 IN CASE 69/83 LUX V COURT OF AUDITORS (( 1984 )) ECR 2447 ).
0
864,914
41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg.
41 THE APPLICANT ARGUES THAT , BY ACTING IN THAT WAY , THE COMMISSION INFRINGED THE SECOND AIDS CODE IN TWO RESPECTS : FIRST , IT DISREGARDED THE DATE SPECIFIED IN ARTICLE 8 ( 1 ), EVEN THOUGH THAT DATE CONSTITUTED A TIME-LIMIT PRECLUDING ANY FURTHER NOTIFICATION OF AID ; SECONDLY , IT FAILED , CONTRARY TO ARTICLE 8 ( 2 ), TO PUT THE MEMBER STATES IN A POSITION TO STATE THEIR VIEWS ON THE AID PLANS NOTIFIED AFTER 30 SEPTEMBER 1982 .
0
864,915
39. As regards agreements constituting a selective distribution system, the Court has already stated that such agreements necessarily affect competition in the common market (Case 107/82 AEG‑Telefunken v Commission [1983] ECR 3151, paragraph 33). Such agreements are to be considered, in the absence of objective justification, as ‘restrictions by object’.
33 IT IS COMMON GROUND THAT AGREEMENTS CONSTITUTING A SELECTIVE SYSTEM NECESSARILY AFFECT COMPETITION IN THE COMMON MARKET . HOWEVER , IT HAS ALWAYS BEEN RECOGNIZED IN THE CASE-LAW OF THE COURT THAT THERE ARE LEGITIMATE REQUIREMENTS , SUCH AS THE MAINTENANCE OF A SPECIALIST TRADE CAPABLE OF PROVIDING SPECIFIC SERVICES AS REGARDS HIGH-QUALITY AND HIGH-TECHNOLOGY PRODUCTS , WHICH MAY JUSTIFY A REDUCTION OF PRICE COMPETITION IN FAVOUR OF COMPETITION RELATING TO FACTORS OTHER THAN PRICE . SYSTEMS OF SELECTIVE DISTRIBUTION , IN SO FAR AS THEY AIM AT THE ATTAINMENT OF A LEGITIMATE GOAL CAPABLE OF IMPROVING COMPETITION IN RELATION TO FACTORS OTHER THAN PRICE , THEREFORE CONSTITUTE AN ELEMENT OF COMPETITION WHICH IS IN CONFORMITY WITH ARTICLE 85 ( 1 ).
1
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43. In that regard, it must be pointed out that the second paragraph of Article 176 of Directive 2006/112 contains a ‘standstill’ clause, which provides for the retention by States acceding to the European Union, of national exclusions from the right to deduct VAT which were applicable before the date of their accession (see, to that effect, Joined Cases C‑177/99 and C‑181/99 Ampafrance and Sanofi [2000] ECR I‑7013, paragraph 5). None the less, the ‘standstill’ clause, provided for in the second paragraph of Article 176 of Directive 2006/112, is not intended to allow a new Member State to amend its domestic legislation on its accession to the European Union in a way which diverts that legislation from the objectives of that directive ( Magoora , paragraph 39).
43 In the first place, it is undisputed that other methods of distributing daily newspapers, such as by post and through sale in shops and at kiosks, even though they may be less advantageous for the distribution of certain newspapers, exist and are used by the publishers of those daily newspapers.
0
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91. In that last respect, it is also clear from paragraphs 85 and 87 of Commission v Portugal that, in order to demonstrate that the national authorities exceeded the limits of their discretion by failing to require that an impact assessment be carried out before giving consent for a specific project, the Commission cannot limit itself to general assertions by, for example, merely pointing out that the information provided shows that the project in question is located in a highly sensitive area, without presenting specific evidence to demonstrate that the national authorities concerned made a manifest error of assessment when they gave consent to a project. The Commission must furnish at least some evidence of the effects that the project is likely to have on the environment.
47. In view of the foregoing considerations, the answer to the question referred must be that Article 18(1) EC is to be interpreted as precluding legislation of a Member State under which it refuses, generally and in all circumstances, to pay to its nationals a benefit granted to civilian victims of war or repression solely because they are not resident in the territory of that State throughout the period of payment of the benefit, but in the territory of another Member State. Costs
0
864,918
49. As a preliminary point, it should be recalled that, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive directly from Community law, provided that such rules are not less favourable than those governing similar domestic actions (principle of equivalence) and that they do not render practically impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness) (see, among others, Case 33/76 Rewe [1976] ECR 1989, paragraph 5, and Case C-453/99 Courage and Crehan [2001] ECR I-6297, paragraph 29).
32. Conformément à une jurisprudence constante de la Cour, la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité (arrêts du 14 avril 2011, Commission/Pologne, C-331/09, Rec. p. I-2933, point 54, ainsi que du 28 juillet 2011, Diputación Foral de Vizcaya e.a./Commission, C‑471/09 P à C-473/09 P, point 100). Partant, l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288, quatrième alinéa, TFUE, de prendre toutes les mesures propres à assurer l’exécution de ladite décision (voir, notamment, arrêts du 26 juin 2003, Commission/Espagne, C-404/00, Rec. p. I-6695, point 21, et Commission/Pologne, précité, point 55).
0
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40. The rule of jurisdiction laid down in Article 6.1 of Regulation No 44/2001 provides that a person may, where he is one of a number of defendants, be sued in the courts for the place where any one of them is domiciled, provided that the claims are so closely connected that it is expedient to hear and determine them together in order to avoid the risk of irreconcilable judgments resulting from separate proceedings (see Case C‑145/10 Painer [2011] ECR I‑0000, paragraph 73).
13. That is the appropriate context in which to assess Recital (11) of the Framework Directive, according to which the Member States must, under the principle of the separation of regulatory and operational functions, guarantee the independence of the national regulatory authority or authorities (‘the regulatory authorities’) in order to ensure the impartiality of their decisions.
0
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32 With regard to that directive, sex discrimination, in the context of the progressive implementation of the principle of equal treatment between men and women, can be justified only temporarily and under Article 7(1)(a) (Case C-154/92 Van Cant v Rikjsdienst voor Pensioenen [1993] ECR I-3811, paragraph 12). In all other cases, discrimination would be contrary to Article 4(1) of Directive 79/7, which, according to the Court's case-law, is sufficiently precise and unconditional for individuals to rely upon it before the national courts in order to preclude the application of any national provision inconsistent with that article (Case 71/85 Netherlands v Federatie Nederlandse Vakbeweging [1986] ECR 3855, paragraph 21, and Case 286/85 McDermott and Cotter v Minister for Social Welfare and Attorney-General [1987] ECR 1453, paragraph 14).
11 In the light of those criteria, rules on an end-of-service allowance for Members of Parliament and individual measures applying those rules have legal effects going beyond the internal organization of the work of that institution in so far as they affect the financial situation of Members of Parliament when they cease to serve in that capacity.
0
864,921
13 As regards the second part of the single plea in law, the General Court found, in paragraphs 42 to 44 of the judgment under appeal, that, as a result of the annulment of the contested decision as determined in the context of the first part, the Board of Appeal had to consider whether Scooters India had made use of the trade mark LAMBRETTA in respect of spare parts. The General Court took the view that the examination had to be made in accordance with the criteria set out by the Court of Justice in its judgment of 11 March 2003, Ansul (C‑40/01, EU:C:2003:145, paragraphs 40 to 43).
26. Il y a lieu, à titre liminaire, de rappeler que la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité et cette conséquence ne saurait dépendre de la forme dans laquelle l’aide a été octroyée (arrêt du 14 avril 2011, Commission/Pologne, C‑331/09, non encore publié au Recueil, point 54 et jurisprudence citée).
0
864,922
83. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by that provision on the permitted exceptions to the principle of freedom of establishment, so as to ensure that the effectiveness of the Treaty in the field of freedom of establishment is not frustrated by unilateral provisions of the Member States (see, to that effect, Reyners , paragraph 50; Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35).
36. Ainsi que le confirme le considérant 5 de la directive 2003/4, en adoptant cette directive, le législateur de l’Union a entendu assurer la compatibilité du droit de l’Union avec cette convention en vue de sa conclusion par la Communauté en prévoyant un régime général tendant à garantir que toute personne physique ou morale d’un État membre ait un droit d’accès aux informations environnementales détenues par les autorités publiques ou pour le compte de celles-ci sans que cette personne soit obligée de faire valoir un intérêt (arrêt Flachglas Torgau, précité, point 31).
0
864,923
34. In that situation, the proprietor of the trade mark is entitled to prevent that use only if it is liable to have an adverse effect on one of the functions of the mark ( Google France and Google , paragraph 79, BergSpechte , paragraph 21; see also Case C‑487/07 L’Oréal and Others [2009] ECR I‑5185, paragraph 60, and Case C-558/08 Portakabin [2010] ECR I‑0000, paragraph 29).
57. It follows from the foregoing that a provision of an act duly adopted on the basis of the EU Treaty before the entry into force of the Treaty of Lisbon which lays down detailed rules for the adoption of measures for the implementation of that act continues to produce its legal effects until it is repealed, annulled or amended and permits the adoption of implementing measures in accordance with a procedure established by that provision.
0
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23 It should also be borne in mind in that connection, that, according to settled case-law on the transposition of directives into national law, it is essential that the national law effectively guarantees application of the directive in full, that the legal position under national law will be sufficiently precise and clear and that individuals are made fully aware of their rights and, where appropriate, may rely on them before the national courts (see, inter alia, Case C-365/93 Commission v Greece [1995] ECR I-499, paragraph 9, and Case C-144/99 Commission v Netherlands [2001] ECR I-3541, paragraph 17).
31. A number of methods are capable of providing prices corresponding to the market value. Those methods include sales to the highest bidder or an expert report, which are referred to in Title II, points 1 and 2, of the Communication. Likewise, it cannot be ruled out that other methods may also achieve the same result (see, to that effect, judgment in Seydaland Vereinigte Agrarbetriebe , C‑239/09, EU:C:2010:778, paragraphs 35 and 39).
0
864,925
39. It is only when the grounds for exclusion concerned do not relate to the professional qualities of economic operators, and, therefore, do not fall within that exhaustive list that it is possible to consider whether those grounds may be permissible under the principles or other rules of EU public procurement law (see, to this effect, Fabricom , paragraphs 25 to 36; Michaniki , paragraphs 44 to 69; and Case C-538/07 Assitur [2009] ECR I-4219, paragraphs 21 to 33).
43. It follows that a scheme providing for reduced transport fares for students comes within the scope of the FEU Treaty in so far as it enables them, directly or indirectly, to cover their maintenance costs.
0
864,926
36. Finally, it is clear from the Court’s case-law that where, as in the main proceedings, the supply of services in question is characterised, inter alia, by the permanent availability of the service provider to supply, at the appropriate time, the healthcare services required by the residents, it is not necessary, in order to recognise that there is a direct link between that service and the consideration received, to establish that a payment relates to a personalised supply of healthcare at a specific time carried out at the request of a resident (see, to that effect, Kennemer Golf EU:C:2002:200, paragraph 40).
59. In providing that nothing in the EU Treaty is to affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them, Article 47 EU aims, in accordance with the fifth indent of Article 2 EU and the first paragraph of Article 3 EU, to maintain and build on the acquis communautaire.
0
864,927
64. In that respect, it must be noted that, in the framework of Article 39 EC, a person who, for a certain period of time, performs services for and under the direction of another person in return for which he receives remuneration must be considered to be a worker. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, is entitled to freedom of movement as a worker (see, to that effect, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and Case C-138/02 Collins [2004] ECR I-2703, paragraph 26).
89 Furthermore, limiting the possibilities open to the Commission to a reduction of the assistance in proportion exclusively to the amount to which the irregularities found to exist relate would have the effect of encouraging fraud on the part of applicants for aid, since they would then only risk loss of the benefit of the sums unduly paid.
0
864,928
90 In such circumstances, the rule imposing a time limit may — notwithstanding the fact that it constitutes, as a precondition for bringing judicial proceedings, a limitation on the right to an effective remedy before a court within the meaning of Article 47 of the Charter — be justified, in accordance with Article 52(1) of the Charter, to the extent that it is provided for by law, it respects the essence of that law, it is necessary, subject to the principle of proportionality, and it genuinely meets objectives of the public interest recognised by the EU or the need to protect the rights and freedoms of others (see, by analogy, judgment of 27 September 2017, Puškár, C‑73/16, EU:C:2017:725, paragraphs 61 to 71).
28. The entry of the mark in a public register has the aim of making it accessible to the competent authorities and to the public, particularly to economic operators.
0
864,929
32 Annex VII, moreover, differs in nature from Annex VI to the Hague Resolution, which, in the particular field to which it applies, makes specific the duties of cooperation which the Member States assumed under Article 5 of the Treaty when they acceded to the Community (see Case 141/78 France v United Kingdom [1979] ECR 2923, paragraph 8). Annex VI relates to the introduction of conservation measures by the Member States and the procedure to be followed in that regard and specifies, in that context, the obligations of Member States flowing from Article 5 of the Treaty.
29. Under the legislation at issue in the main proceedings, testimony given during the preliminary enquiries must generally be repeated in open court in order to acquire full evidential value. It is, however, permissible in certain cases to give that testimony only once, during the preliminary investigation, with the same probative value, but under different arrangements from those which apply in open court ( Pupino , paragraph 55).
0
864,930
55. According to the case-law of the Court, a parallel importer must, in any event, in order to be entitled to repackage trade-marked pharmaceutical products, fulfil the requirement of prior notice. If the parallel importer does not satisfy that requirement, the trade mark proprietor may oppose the marketing of the repackaged pharmaceutical product. It is incumbent on the parallel importer itself to give notice to the trade mark proprietor of the intended repackaging. It is not sufficient that the proprietor be notified by other sources, such as the authority which issues a parallel import licence to the importer ( Boehringer Ingelheim and Others , paragraphs 63 and 64).
17 The Kingdom of Spain submits that the alteration, only a few months after accession, of the total guaranteed quantities laid down in the Act of Accession flies in the face of the legitimate expectation, held by Spain and Spanish economic operators, that those quantities would be maintained, as conditions for accession, during the adjustment period accorded the acceding State for the milk sector or, at least, during the five-year period provided for in this respect by Regulations Nos 856/84 and 857/84 . It stresses, in addition, that Spanish operators could rely on an interest meriting protection arising from the existence of national legislation, pre-dating Spain' s accession, promoting the expansion of Spanish milk production .
0
864,931
31. The Court can refuse the request from the national court only where it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical (see Bosman , paragraph 61, and Acereda Herrera , paragraph 48).
46. It should be pointed out, in that regard, that no other provision of the Framework Decision lays down any such obligation.
0
864,932
22. Consequently, the definitions relating to the products governed by Directive 92/81 and the exemptions applicable to them should be interpreted independently on the basis of the wording of the provisions in question and on the purpose of the directive (see Deutsche See-Bestattungs-Genossenschaft , paragraph 19).
62. It must be noted in that regard that the Court has already held that a Member State in whose territory an offence is committed has sole competence to punish that offence by ordering, as necessary, withdrawal of the driving licence or of the right to drive, with or without an order that no application may be made for the issue of a new driving licence during a particular period (see judgment in Weber , C‑1/07, EU:C:2008:640, paragraph 38).
0
864,933
27. The Court has already had the opportunity to determine, in the case which gave rise to the judgment in Österreichischer Rundfunk , whether the Bundeskommunikationssenat is a court or tribunal for the purposes of Article 234 EC. In that regard, it held, in paragraphs 19 to 21 of its judgment, that, on the basis of the provisions relating to the establishment and functioning of the Bundeskommunikationssenat, applicable in that case, that body had to be considered to be a court or tribunal for the purposes of Article 234 EC.
50 Next, under the second subparagraph of Article 2(3) of Decision 89/688, exemption arrangements are to be notified to the Commission, which is to define its position within two months on the basis of the conditions laid down in order to qualify for an exemption - including the proviso that the terms of trade must not be adversely affected to an extent contrary to the common interest - thus allowing for strict control by the Commission of local production benefiting from the exemption.
0
864,934
26. Thus, the Court may reject a request for a preliminary ruling submitted by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Joined Cases C-94/04 and C-202/94 Cipolla and Others [2006] ECR I-11421, paragraph 25; Magoora , paragraph 23; and Mono Car Styling , paragraph 28).
33 That requirement implies that those authorities should ascertain whether their legislation can be applied literally to migrant workers, in exactly the same way as to non-migrant workers, without ultimately causing migrant workers to lose a social security advantage and, consequently, discouraging them from actually exercising their right to freedom of movement.
0
864,935
38. It is the Court’s established case-law that Article 41(1) of the Additional Protocol has direct effect. As a consequence, that provision may be relied on by the Turkish nationals to whom it applies before the courts or tribunals of the Member States (see, to that effect, Savas , paragraph 54; Joined Cases C-317/01 and C-369/01 Abatay and Others [2003] ECR I-12301, paragraphs 58 and 59; Case C-16/05 Tum and Dari [2007] ECR I-7415, paragraph 46; and Soysal and and Savatli , paragraph 45).
28. It follows from the foregoing that in Boehringer Ingelheim and Others the Court included in the concept of repackaging the relabelling which was undoubtedly one of the forms envisaged by the referring court in which the packaging of the medicinal products in question was altered.
0
864,936
35 Article 3(1) of the directive lays down the principle of the automatic transfer to the transferee of the rights and obligations incumbent on the transferor under the contracts of employment existing on the date of the transfer of the undertaking. The rule resulting from those provisions, according to which the transfer takes place without the consent of the parties, is mandatory; it is not possible to derogate from it in a manner prejudicial to employees. Consequently, the implementation of the rights conferred on employees by the directive may not be made subject to the consent of either the transferor or the transferee nor the consent of the employees' representatives or the employees themselves (Case C-362/89 D'Urso and Others [1991] ECR I-4105, paragraph 11).
51. Cet argument ne saurait prospérer. En effet, la simple acquisition d’une telle participation ou de tels actifs ne saurait, en principe, être considérée, en soi, comme une menace réelle et suffisamment grave pour la sécurité de l’approvisionnement en énergie.
0
864,937
25 With regard to legislative measures, the Court has defined the scope of that provision in particular in its judgment of 25 May 1978 in Joined Cases 83 and 94/76 and 4, 15 and 40/77 HNL v Council and Commission (( 1978 )) ECR 1209, paragraphs 4 to 6; see also the judgments of 4 October 1979 in Case 238/78 Ireks-Arkady v Council and Commission (( 1979 )) ECR 2955, paragraph 9, Joined Cases 241, 242 and 245 to 250/78 DGV v Council and Commission (( 1979 )) ECR 3017, paragraph 9 and Joined Cases 261 and 262/78 Interquell v Council and Commission (( 1979 )) ECR 3045, paragraph 12 . According to those judgments, the Community does not incur liability on account of a legislative measure which involves choices of economic policy unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred .
23 That finding is not affected either by the amendments made to the first of those two directives by Directive 91/156, the final date for the transposition of which falls after the date on which this action was commenced, or by the repeal of the second by Directive 91/689, which made that repeal effective from a date falling after the date of commencement of this action.
0
864,938
33. Finally, according to the Court’s case-law, where financial compensation is the measure adopted in order to achieve the objective of restoring genuine equality of opportunity, it must be adequate, in that it must enable the loss and damage actually sustained as a result of the discriminatory dismissal to be made good in full in accordance with the applicable national rules (see judgments in Marshall , C‑271/91, EU:C:1993:335, paragraph 26, and Paquay , C‑460/06, EU:C:2007:601, paragraph 46).
39. The fixing of that period at two months would not appear liable to render practically impossible or excessively difficult the exercise of rights conferred by European Union law.
0
864,939
58. As regards that period, although, as stated in particular in Case C‑144/04 Mangold [2005] ECR I‑9981, paragraph 13, the Federal Republic of Germany requested, under the second paragraph of Article 18 of Directive 2000/78, an additional period of three years from 2 December 2003 in order to transpose the Directive, that possibility, as is clear from that provision, concerned only age and disability discrimination. Accordingly, the period prescribed for the transposition of the provisions of Directive 2000/78 concerning discrimination on the ground of sexual orientation expired, for the Federal Republic of Germany as for the other Member States, on 2 December 2003.
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
864,940
48. In that regard, it should 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 to decide whether the interpretation given by the national court of those provisions is correct. The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context in which the questions put to it are set, as described in the order for reference (see Joined Cases C‑482/01 and C‑493/01 Orfanopoulos and Oliveri [2004] ECR I‑5257, paragraph 42; Case C‑244/06 Dynamic Medien [2008] ECR I‑505, paragraph 19; and Case C‑330/07 Jobra [2008] ECR I‑0000, paragraph 17; see also, to that effect, order of 12 June 2008 in Case C‑364/07 Vassilakis and Others , paragraphs 134 and 143).
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
864,941
37 In that regard, whilst national legislation reducing the period within which repayment of sums collected in breach of Community law may be sought is not incompatible with the principle of effectiveness, this is subject to the condition not only that the new limitation period is reasonable but also that the new legislation includes transitional arrangements allowing an adequate period after the enactment of the legislation for lodging claims for repayment which persons were entitled to submit under the original legislation. Such transitional arrangements are necessary where the immediate application to those claims of a limitation period shorter than that which was previously in force would have the effect of retroactively depriving some individuals of their right to repayment, or of allowing them too short a period for asserting that right (Case C-62/00 Marks & Spencer [2002] ECR I-0000, paragraph 38).
59 It is true that, in paragraph 19 of Corbeau, the Court held that the exclusion of competition is not justified in certain cases involving specific services, severable from the service of general interest in question, if those services do not compromise the economic equilibrium of the service of general economic interest performed by the holder of the exclusive rights.
0
864,942
40. In respect of shareholdings not covered by Directive 90/435, it is for the Member States to determine whether, and to what extent, economic double taxation or a series of charges to tax on distributed profits is to be avoided and, for that purpose, to establish, either unilaterally or through double taxation conventions concluded with other Member States, procedures intended to prevent or mitigate such economic double taxation or series of charges to tax. However, this does not of itself mean that the Member States are entitled to impose measures that contravene the freedoms of movement guaranteed by the Treaty (see, Test Claimants in Class IV of the ACT Group Litigation , paragraph 54; Amurta , paragraph 24; and Commission v Italy , cited above, paragraph 31).
Par ailleurs, selon une jurisprudence constante, 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 (voir, notamment, arrêts France/Monsanto et Commission, C‑248/99 P, EU:C:2002:1, point 68, ainsi que Inuit Tapiriit Kanatami e.a./Parlement et Conseil, C‑583/11 P, EU:C:2013:625, point 46).
0
864,943
59. When exercising its discretion, the Community legislature must, in addition to the principal objective of protecting the environment, fully take into account all the interests involved (see, concerning measures relating to agriculture, Joined Cases C‑96/03 and C‑97/03 Tempelman and van Schaijk [2005] ECR I‑1895, paragraph 48, and Case C‑504/04 Agrarproduktion Staebelow [2006] ECR I‑679, paragraph 37). In examining the burdens associated with various possible measures, it must be considered that, even if the importance of the objectives pursued is such as to justify even substantial negative economic consequences for certain operators (see, to that effect, Case C‑331/88 Fedesa and Others [1990] ECR I‑4023, paragraphs 15 to 17, and Case C‑86/03 Greece v Commission [2005] ECR I‑10979, paragraph 96), the Community legislature’s exercise of its discretion must not produce results that are manifestly less appropriate than those that would be produced by other measures that were also suitable for those objectives.
22 The obligation imposed on the producer to declare changes to the competent agency, as provided for in Article 6(3) of Regulation No 2537/89, thus constitutes an obligation essential to the proper functioning of the system of aid and is therefore of fundamental importance to that system.
0
864,944
null
23 It follows that an entity such as a public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules.
1
864,945
50. However, although, by not expressly requiring Member States to check that the holders of previous authorisations have access to an Annex II dossier, Article 4(1) of Directive 2002/37 has the effect of curtailing the period during which data is protected pursuant to Article 13(3)(d) of Directive 91/414, that situation arises as a direct result of the way in which Article 4(1) of Directive 2002/37 is drafted. Given that the wording of Article 4(1) of Directive 2002/37 is clear and unambiguous, the interpretation according to which the holder of an existing authorisation is not required, under that provision, to submit an Annex II dossier during the review phase is the only interpretation that is compatible with the principle of legal certainty, in accordance with which Community legislation must enable those concerned to acquaint themselves with the precise extent of the obligations it imposes upon them (see Case C-161/06 Skoma-Lux [2007] ECR I‑0000, paragraphs 36 and 38).
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
864,946
46. The difference in treatment which arises from a condition of residence being imposed on students who are the children of frontier workers thus constitutes indirect discrimination on the ground of nationality which is in principle prohibited, unless it is objectively justified. In order to be justified, it must be appropriate for securing the attainment of a legitimate objective and must not go beyond what is necessary to attain that objective (see, to that effect, Case C‑73/08 Bressol and Others [2010] ECR I‑2735, paragraphs 47 and 48, and Commission v Netherlands , paragraph 55). The pursuit of a legitimate objective
83 Thus, the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate.
0
864,947
74. In that regard, it must certainly be borne in mind that according to settled case-law a decision adopted by the Community institutions which has not been challenged by its addressee within the time-limit laid down by the fifth paragraph of Article 230 EC becomes definitive as against that person (see, most recently, Case C-241/01 National Farmers' Union [2002] ECR I-9079, paragraph 34, and the case-law cited).
59. Dès lors que l’article 91, paragraphe 12, du règlement n° 1623/2000 ne reflète pas un changement d’appréciation du législateur de l’Union quant au caractère adéquat du régime de sanction qui avait été spécifiquement défini à l’article 5 du règlement n° 360/95 en lien avec la vente de deux lots déterminés d’alcool, le principe d’application rétroactive de la sanction la moins sévère, tel qu’énoncé à l’article 2, paragraphe 2, du règlement n° 2988/95, ne saurait être utilement invoqué (voir, en ce sens, arrêt Jager, précité, point 70).
0
864,948
28. It is apparent from the case‑law that Article 12 EC applies independently only to situations governed by Community law for which the Treaty lays down no specific rules of non-discrimination (see, inter alia, Joined Cases C‑397/98 and C‑410/98 Metallgesellscahft and Others [2001] ECR I‑1727, paragraph 38, and Case C‑422/01 Skandia and Ramstedt [2003] ECR I‑6817, paragraph 61).
61. As Article 12 EC applies independently only to situations governed by Community law in regard to which the Treaty lays down no specific rules prohibiting discrimination (see inter alia Case C-379/92 Peralta [1994] ECR I-3453, paragraph 18), there is no need, in the light of the foregoing observations, to consider the question raised in the light of that provision.
1
864,949
29. In exercising its powers, that legislature could reasonably consider that the exclusion from the allowance in question of non-resident workers who carry on an occupation in the Member State concerned that does not exceed the threshold of minor employment as defined in national law constitutes a measure that is appropriate and proportionate, having regard to the objective mentioned in the preceding paragraph (see, by analogy, Megner and Scheffel , paragraph 30).
50 Regulation No 2201/2003 is based on judicial cooperation and mutual trust (judgment of 9 November 2010, Purrucker, C‑296/10, EU:C:2010:665, paragraph 81), which lead to mutual recognition of judicial decisions, the cornerstone for the creation of a genuine judicial area (judgment of 15 July 2010, Purrucker, C‑256/09, EU:C:2010:437, paragraph 70).
0
864,950
35 Consequently, and to the extent that such software constitutes a medical device, it must, pursuant to Article 17(1) of that directive, compulsorily bear the CE marking of conformity when it is placed on the market. Once the marking has been obtained, the product, having regard to that function, may be placed on the market and circulate freely in the European Union without having to undergo any additional procedure, such as a new certification (see, to that effect, judgment of 19 November 2009, Nordiska Dental, C‑288/08, EU:C:2009:718, paragraph 21).
Schwenk Zement soutient, en substance, que le Tribunal a commis une erreur de droit en estimant que le moyen tiré du défaut de motivation de la décision litigieuse n’était pas fondé et devait être rejeté. Il s’agit d’une question de droit soumise au contrôle de la Cour dans le cadre d’un pourvoi (voir arrêt Commission/Salzgitter, C‑408/04 P, EU:C:2008:236, point 55 et jurisprudence citée).
0
864,951
46. In that regard, it should be noted that the Court has consistently held that the second subparagraph of Article 34(2) EC, which prohibits all discrimination in the context of the common agricultural policy, is merely a specific expression of the general principle of equal treatment, which requires that comparable situations not be treated differently and different situations not be treated alike unless such treatment is objectively justified (Case C‑313/04 Franz Egenberger [2006] ECR I‑6331, paragraph 33 and the case-law cited).
32. Consequently, the answer to the eighth question is that, for the purposes of collecting VAT, the additional charges invoiced by a provider of telecommunications services to its customers, where the latter pay for those services not by Direct Debit or by BACS transfer but by credit card, debit card, cheque or cash over the counter at a bank or authorised payment agent acting on behalf of that service provider, do not constitute consideration for a supply of services distinct and independent from the principal supply of services consisting in the supply of telecommunications services. The first to seventh questions
0
864,952
35. It must be pointed out that, in assessing the interests of the service and the qualifications and merits of the candidates to be taken into consideration in making a promotion decision pursuant to Article 45 of the Staff Regulations, the appointing authority possesses a wide discretion, and in that connection the Community Court's review must be confined to the question whether, having regard to the various considerations which have influenced the administration in making its assessment, the latter has remained within reasonable bounds and has not used its power in a manifestly incorrect way. The Community Court cannot therefore substitute its assessment of the qualifications and merits of the candidates for that of the appointing authority (see Case 324/85 Bouteiller v Commission [1987] ECR 529, paragraph 6).
26. Furthermore, it is common ground that the benefits at issue in the main proceedings, which are intended to alleviate the financial burdens involved in the maintenance of children, fall within the concept of ‘family benefits’ within the meaning of Regulation No 883/2004 (see judgments in Offermanns , C‑85/99, EU:C:2001:166, paragraph 41, and Lachheb , C‑177/12, EU:C:203:689, paragraph 35).
0
864,953
38. Article 1(1) of that directive provides that it applies to any transfer of an undertaking, business, or part of an undertaking or business to another employer as a result of a legal transfer or merger. The Court’s case-law makes it clear that the decisive criterion for establishing the existence of a transfer within the meaning of the directive is whether the entity in question retains its identity, as indicated inter alia by the fact that its operation is actually continued or resumed (see, inter alia, Case 24/85 Spijkers [1986] ECR 1119, paragraphs 11 and 12, and Case C-13/95 Süzen [1997] ECR I-1259, pargraph 10).
36. As regards the assessment of the distinctive character of such marks, the Court has already held that it is inappropriate to apply to slogans criteria which are stricter than those applicable to other types of sign ( OHIM v Erpo Möbelwerk , paragraphs 32 and 44).
0
864,954
36 In that respect, it should first be noted that, according to settled case-law, it is not necessary to establish in every case that there has been a transfer of State resources for the advantage granted to one or more undertakings to be capable of being regarded as a State aid within the meaning of Article 87(1) EC (see, in particular, Case C-387/92 Banco Exterior de España v Ayuntamiento de Valencia [1994] ECR I-877, paragraph 14; Case C-6/97 Italy v Commission [1999] ECR I-2981, paragraph 16).
16 A measure whereby the public authorities grant to certain undertakings a tax exemption which, although not involving a transfer of State resources, places the persons to whom the exemption applies in a more favourable financial position than other taxpayers constitutes State aid within the meaning of Article 92(1) of the Treaty (Case C-387/92 Banco Exterior de España v Ayuntamiento de Valencia [1994] ECR I-877, paragraph 14).
1
864,955
40. It is sufficient to recall in that respect that, where the Court has dealt in the past with cases in which the Community rules to be interpreted applied only by virtue of a reference made by domestic law, the Court has consistently held that where, in relation to purely internal situations, domestic legislation adopts solutions which are consistent with those adopted in Community law in order, in particular, to ensure a single procedure in comparable situations, it is clearly in the Community interest that, in order to forestall future differences of interpretation, provisions or concepts taken from Community law should be interpreted uniformly, irrespective of the circumstances in which they are to apply (see, to that effect, Joined Cases C-297/88 and C-197/89 Dzodzi [1990] ECR I-3763, paragraph 37; Case C-130/95 Giloy [1997] ECR I-4291, paragraph 28; and Case C-300/01 Salzmann [2003] ECR I-4899, paragraph 34).
32. À titre liminaire, il convient de rappeler que, pour déterminer la portée d’une disposition du droit de l’Union, il y a lieu de tenir compte à la fois de ses termes, de son contexte et de ses finalités (arrêt du 29 octobre 2009, NCC Construction Danmark, C‑174/08, Rec. p. I‑10567, point 23 et jurisprudence citée).
0
864,956
30 It should be observed that, in order to safeguard the effective exercise of the right to freedom of movement enshrined in Article 48 of the Treaty, the Council is required, under Article 51 thereof, to set up a system to enable workers to overcome obstacles with which they might be confronted in national social security rules. In principle, the Council carried out that duty by introducing Regulation No 1408/71 (see Case 368/87 Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz [1989] ECR 1333, paragraph 20).
20 In order to safeguard the effective exercise of the right to freedom of movement enshrined in Article 48 of the Treaty, the Council was required, under Article 51 of the Treaty, to set up a system designed to help workers overcome obstacles arising from national laws which they might encounter in the field of social security . The Council carried out that duty by introducing Regulation No 1408/71 .
1
864,957
30. As regards the requirement that the need to foster the development of innovative services and competition be taken into account, this entails that the amount of the charge cannot have the effect of hindering the access of new operators to the market or of reducing the capacity of telecommunications service operators for innovation (see, to that effect, Case C‑431/07 P Bouygues and Bouygues Télécom v Commission [2009] ECR I‑2665, paragraph 125). It also means that competition must not be distorted, which can be guaranteed only if equality of opportunity is secured as between the various economic operators (see, to that effect, ISIS Multimedia Net and Firma O2 , paragraphs 38 and 39).
92. It is true that the overriding public interest capable of justifying the disclosure of a document must not necessarily be distinct from the principles which underlie Regulation No 1049/2001 (see, to that effect, Sweden and Turco v Council , paragraphs 74 and 75).
0
864,958
37 The Court held in particular in this regard that in the absence of any transposition of the Directive by a Member State, it was not possible, given the broad discretion mentioned above, to make up for such an omission by holding that State liable to meet the claims to be guaranteed (Francovich, paragraph 26).
33. In the present case, Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht obtained, before the General Court, the annulment of the decision at issue in accordance with the form of order sought in their action. Their cross-appeal, which in fact merely seeks to substitute the grounds relating to the analysis of whether Article 9(3) of the Aarhus Convention may be relied on, cannot, therefore, be upheld (see, by analogy, in relation to a main appeal, judgment in Al-Aqsa v Council and Netherlands v Al-Aqsa , C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraphs 43 to 45).
0
864,959
57 First, it should be borne in mind that Article 60 of the Treaty does not require that the service be paid for by those for whom it is performed (Case 352/85 Bond van Adverteerders and Others [1988] ECR 2085, paragraph 16, and Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I-2549, paragraph 56).
49. According to the settled case-law of the Court, in order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered (see, inter alia, Procter & Gamble , paragraph 44; Case C-286/04 P Eurocermex v OHIM [2005] ECR I-5797, paragraph 22; and Case C-238/06 P Develey v OHIM [2007] ECR I-9375, paragraph 82).
0
864,960
136. Those rules of national law must, however, be designed in such a way that the objective pursued by the directive may be achieved (see, inter alia, in relation to the principle of effectiveness, Joined Cases C‑430/93 and C‑431/93 Van Schijndel and van Veen [1995] ECR I-4705, paragraph 17; Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 28, and Joined Cases C‑145/08 and C‑149/08 Club Hotel Loutraki and Others [2010] ECR I‑0000, paragraph 74). In that regard, it should be borne in mind that, under Article 3(2) of Directive 2004/48, the measures concerned must be effective and dissuasive.
74. The Court has consistently held that, in the absence of Community rules governing the matter, it is for each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from European Union law. Those detailed procedural rules must, however, be no less favourable than those governing similar domestic actions (principle of equivalence) and must not render practically impossible or excessively difficult the exercise of rights conferred by European Union law (principle of effectiveness) (see, to that effect, Case C‑268/06 Impact [2008] ECR I‑2483, paragraphs 44 and 46 and the case-law cited).
1
864,961
38 Second, as regards type B share transfers, the national provision at issue in the main proceedings constitutes a restriction within the meaning of Article 43 EC on the freedom of establishment of a company, established in another Member State (in the present case, a Belgian limited company), and treated, within the meaning of Article 48 EC, in the same way as a natural person who is a national of that Member State who wishes to pursue his activities through the intermediary of a branch in the Member State concerned (see inter alia Case C-250/95 Futura Participations and Singer [1997] ECR I-2471, paragraph 24, and Case C-307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraph 35). Acceptance, in the present case, of the proposition that the Member State concerned may refuse the benefit of deferring capital gains tax, thus depriving the transferor of a cash flow advantage, by reason of the fact that the parent company of the transferee company is situated in another Member State would deprive Article 43 EC of all meaning (Joined cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 42).
54. Article 12 of the Framework Decision must, therefore, be interpreted in conformity with Article 6 of the Charter, which provides that everyone has the right to liberty and security of person.
0
864,962
40. It is in the light of that consideration that the Court has held that the national court is required, as soon as it has available to it the legal or factual elements necessary for that task, to assess of its own motion whether a contractual term falling within the scope of the directive is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier (see, inter alia, Banco Español de Crédito , paragraph 42, and Banif Plus Bank , paragraph 22).
43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC.
0
864,963
36. Secondly, it should be borne in mind that, if the sole issue were whether the document authorising enforcement came to the attention of the party against whom enforcement was sought, that could render the requirement of due service meaningless. Claimants would then be tempted to ignore the prescribed forms for due service (see, to that effect, in the context of Article 27(2) of the Brussels Convention, Lancray , paragraph 20).
28. Should the institutions concerned not reach agreement on, in particular, the question how the particular facts of a specific case are to be assessed, and consequently on the question whether it is covered by Article 14(1)(a) of Regulation No 1408/71, it is open to them to refer the matter to the Administrative Commission ( FTS , paragraph 57).
0
864,964
164 In the third place, it is accepted that national legislation such as that at issue, under which exclusive rights to carry on an economic activity are conferred on a single, private or public, operator, constitutes a restriction both of the freedom of establishment and of the freedom to provide services (see to that effect, inter alia, judgments in Läärä and Others, C‑124/97, EU:C:1999:435, paragraph 29; Servizi Ausiliari Dottori CommercialistiC‑451/03, EU:C:2006:208, paragraphs 33 and 34; and Stoß and Others, C‑316/07, C‑358/07 to C‑360/07, C‑409/07 and C‑410/07, EU:C:2010:504, paragraphs 68 and 107).
39. Par ailleurs, il convient de souligner que la présence d’un élément figuratif ne suffit pas, à elle seule, à établir que la marque possède un caractère distinctif au sens de l’article 7, paragraphe 1, sous b), du règlement n° 40/94. Il convient toujours de vérifier si une telle marque permet au consommateur moyen du produit concerné, normalement informé et raisonnablement attentif et avisé, de distinguer, sans procéder à une analyse et sans faire preuve d’une attention particulière, ce produit de ceux d’autres entreprises (voir, en ce sens, arrêt du 7 octobre 2004, Mag Instrument/OHMI, C-136/02 P, Rec. p. I-9165, point 32).
0
864,965
39. In that regard, whilst it is true that, according to the introductory words of Article 13A(1) of the Sixth Directive, Member States must lay down the conditions for exemptions in such a way as to ensure the correct and straightforward application of those exemptions and to prevent any possible evasion, avoidance or abuse, those conditions cannot affect the substantive definition of the exemptions (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 32; Kingscrest Associates and Montecello , paragraph 24, and Case C‑401/05 VDP Dental Laboratory [2006] ECR I‑12121, paragraph 26).
142. It follows therefrom that the Commission, when imposing a fine on a company for an infringement of the European Union competition rules and when applying, in calculating the fine, a multiplier to take account of the fact that that company had already been involved in an infringement of the competition rules, is required to provide, with the decision imposing the fine, a statement of reasons enabling the European Union Courts and that company to understand in what capacity and to what extent it was involved in the earlier infringement. In particular, if the Commission considers that that company was part of the addressee undertaking of the decision relating to the earlier infringement, it is for the Commission to state sufficient proper reasons for that assertion.
0
864,966
48. Suffice it in that regard to point out that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-200/88 Commission v Greece [1990] ECR I-4299, paragraph 13; judgment of 14 April 2005 in Case C-22/04 Commission v Greece , not published in the ECR, paragraph 19, and Case C-433/03 Commission v Germany [2005] ECR I-6985, paragraph 32).
28. However, where police authorisations are granted only to licence-holders, irregularities in the licence-granting procedure also vitiates the procedure for granting police authorisations. Consequently, the lack of a police authorisation cannot be held against persons who were unable to obtain authorisations because the grant of an authorisation presupposed the award of a licence – a licence which, contrary to European Union law, those persons were unable to obtain (see Placanica and Others , paragraph 67).
0
864,967
40 However, as the Advocate General observed in points 48 and 49 of his Opinion, the annual tax on UCIs, in so far as it is levied on the net assets of UCIs governed by foreign law, is linked to the acquisition by residents of units of foreign undertakings which may or may not be dealt in on a stock exchange. That transaction is one of the capital movements set out in part A, relating to ‘[t]ransactions in units of [UCIs]’ of Section IV of Annex I to Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (repealed by the Treaty of Amsterdam) (OJ 1988 L 178, p. 5), entitled ‘Operations in units of [UCIs]’, the indicative value of which was acknowledged by the Court (see, to that effect, judgments of 7 June 2012 in VBV — Vorsorgekasse, C‑39/11, EU:C:2012:327, paragraph 21, and 21 May 2015 in Wagner-Raith, C‑560/13, EU:C:2015:347, paragraphs 23 and 24). Such a tax therefore comes under the free movement of capital.
16. With regard to the applicable law, Article 4(1) of the Regulation provides that this is dependent on the determination of the court with international jurisdiction. In relation to both the main insolvency proceedings and to the ‘secondary’ or ‘territorial’ proceedings, the law of the Member State in which the proceedings are opened is applicable to those insolvency proceedings and to their effects (see, to that effect Eurofood IFSC , paragraph 33, and Case C-444/07 MG Probud Gdynia [2010] ECR I‑417, paragraph 25).
0
864,968
Il convient de rappeler également que la procédure suivie devant les juridictions de l’Union est contradictoire. À l’exception des moyens d’ordre public que le juge est tenu de soulever d’office, telle l’absence de motivation de la décision attaquée, c’est à la partie requérante qu’il appartient de soulever des moyens à l’encontre de cette dernière et d’apporter des éléments de preuve à l’appui de ces moyens (arrêt du 24 octobre 2013, Kone e.a./Commission, C‑510/11 P, non publié, EU:C:2013:696, point 30).
51 It follows from that provision that, where the objectives of the Directive, including that of supplying information, are achieved through a legislative process, the Directive does not apply to the project in question.
0
864,969
32 It has also been held that all the relevant facts must be taken into consideration in determining normal residence as the permanent centre of interests of the person concerned (see, by analogy, judgments in Schäflein v Commission, 284/87, EU:C:1988:414, paragraph 10; Ryborg, C‑297/89, EU:C:1991:160, paragraph 20; Louloudakis, C‑262/99, EU:C:2001:407, paragraph 55; Alevizos, C‑392/05, EU:C:2007:251, paragraph 57, and I, C‑255/13, EU:C:2014:1291, paragraphs 45 and 46).
57. The integration measures referred to in the first subparagraph of Article 7(2) of Directive 2003/86 must be aimed not at filtering those persons who will be able to exercise their right to family reunification, but at facilitating the integration of such persons within the Member States.
0
864,970
8 It is, however, settled case-law that a Member State cannot rely on provisions, practices or circumstances existing in its internal legal order in order to justify its failure to respect the obligations and time-limits laid down by a directive (see, in particular, Case C-208/96 Commission v Belgium [1997] ECR I-0000, paragraph 9).
37 It follows that, where a dealer has failed to meet the sales target set because it is in breach of its duty to use its best endeavours, Regulation No 123/85 does not prohibit penalties, which may extend to termination of the agreement.
0
864,971
34. As is clear from paragraphs 243 and 312 of Dansk Rørindustri and Others v Commission , differentiation in the starting amounts of the fine on the basis of criteria other than the relevant turnover is permitted.
52. From the advertiser’s point of view, the selection of a keyword identical with a trade mark has the object and effect of displaying an advertising link to the site on which he offers his goods or services for sale. Since the sign selected as a keyword is the means used to trigger that ad display, it cannot be disputed that the advertiser indeed uses it in the context of commercial activity and not as a private matter.
0
864,972
81. For an argument based on such a justification to succeed, the Court requires a direct link to be established between the tax advantage concerned and the offsetting of that advantage by a particular tax, and the directness of that link to be assessed with regard to the purpose of the legislation at issue (see, to that effect, judgments in Papillon , C‑418/07, EU:C:2008:659, paragraphs 43 and 44; Commission v Germany , C‑211/13, EU:C:2014:2148, paragraph 55; and Grünewald , C‑559/13, EU:C:2015:109, paragraph 47).
23 TAKING INTO ACCOUNT WHAT HAS ALREADY BEEN SAID WITH REGARD TO THE ADMISSIBILITY OF THE ACTION , THIS LAST SUBMISSION SHOULD BE CONSIDERED FIRST .
0
864,973
20. The Oberster Gerichtshof is, however, unsure whether, taking account of the relevant case-law of the Court (see Case 144/86 Gubisch Maschinenfabrik [1987] ECR 4861, paragraphs 16 to 18, and Case C-406/92 The Tatry [1994] ECR I-5439, paragraphs 30 to 34), there any grounds for holding that the requirements for lis pendens have been met in this case.
42. As the Advocate General has noted in point 57 of his Opinion, the objective of the benefit must be analysed according to its results and not according to its formal structure.
0
864,974
23. A difference in treatment between resident companies according to the place of establishment of the company which, as director, has granted them a loan constitutes an obstacle to the freedom of establishment if it makes it less attractive for companies established in other Member States to exercise that freedom and they may, in consequence, refrain from managing a company in the Member State which enacts that measure, or even refrain from acquiring, creating or maintaining a subsidiary in that Member State (see, to that effect, Lankhorst-Hohorst , paragraph 32; Test Claimants in the Thin Cap Group Litigation , paragraph 61; and Case C‑231/05 Oy AA [2007] ECR I‑0000, paragraph 39).
37. In those circumstances, the answer to Question 1 is that Article 3(1)(c) of Directive 2000/78 must be interpreted as meaning that pay conditions for civil servants fall within the scope of that directive. Questions 2 and 3
0
864,975
23. Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ 1998 L 77, p. 36) concerns only lawyers who are fully qualified as such in their Member States of origin (see Morgenbesser , paragraph 45). In addition, it is apparent from the documents before the Court that the activities undertaken by legal trainees are regarded as forming the practical part of the training required to enter the legal professions in Germany. It follows that such a legal traineeship cannot be classed as a ‘regulated profession’, within the meaning of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16), as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 (OJ 2001 L 206, p. 1), separable from the German legal professions themselves, such as the profession of lawyer (see, by analogy, Morgenbesser , paragraphs 46 to 55).
69. In accordance with the judgment in Case 120/78 Rewe-Zentral [1979] ECR 649, "Cassis de Dijon " , Article 30 of the Treaty prohibits obstacles to the free movement of goods, in the absence of harmonisation of national laws, which are the consequence of applying to goods coming from other Member States, where they are lawfully manufactured and marketed, rules that lay down requirements to be met by those goods (such as those relating to their name, form, size, weight, composition, presentation, labelling and packaging), even if those rules apply to national and imported products alike (see, inter alia , Keck and Mithouard , cited above, paragraph 15; Case C-470/93 Mars [1995] ECR I-1923, paragraph 12; and Ruwet , cited above, paragraph 46).
0
864,976
25. From the outset, it must be recalled that the Sixth Directive entered into force in Denmark on 1 January 1979 (see, to that effect, Joined Cases C‑177/99 and C‑181/99 Ampafrance and Sanofi [2000] ECR I‑7013, paragraphs 5 and 9, and Case C-40/00 Commission v France [2001] ECR I-4539, paragraphs 5 and 9; see also Article 1 of Directive 78/583 and, finally, the second paragraph of Article 176 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1)).
28 That test, based on the principle of proportionality, also applies in the context of the marketing of cosmetic products where, as in the case in the main proceedings, a mistake as to the product's characteristics cannot pose any risk to public health.
0
864,977
32. It follows from the wording of Note 5(E) to Chapter 84 of the CN that the ‘specific function’ performed by a machine working with an automatic data-processing machine must be a function ‘other than data processing’ (see Olicom , paragraph 30).
69 It is clear from the terms of Article 17(4) of that directive that the reference period may in no circumstances exceed 12 months. It is therefore possible to determine the minimum protection which must be provided in any event.
0
864,978
À cet égard, il a jugé, en premier lieu, que l’ENAC était le titulaire du droit au concours financier et le seul bénéficiaire de ce dernier, et que c’est en cette dernière qualité que l’acte litigieux lui a été adressé. Quant à l’intervention de SACBO dans le cadre du projet auquel ce concours se rapporte, le Tribunal a relevé que la décision d’octroi n’interdisait pas à l’ENAC de déléguer à SACBO la réalisation de ce projet, tout en restant responsable du respect des obligations auxquelles l’octroi du concours était subordonné. En conséquence, le Tribunal a considéré que SACBO ne saurait se prévaloir ni de cette délégation, ni du fait que l’acte litigieux soit fondé sur l’allégation selon laquelle SACBO a méconnu certaines obligations prévues par la décision d’octroi, ni des actes qu’elle a posés et des relations directes qu’elle a eues avec l’INEA, en sa qualité d’organisme chargé de la mise en œuvre du projet, pour établir qu’elle serait la véritable bénéficiaire du concours. Le Tribunal s’est référé à cet égard, par analogie, à l’arrêt Regione Siciliana/Commission (C‑15/06 P, EU:C:2007:183, points 32 et 36).
38 En effet, il résulte d'une jurisprudence constante que la notion de force majeure doit être entendue dans le sens de circonstances étrangères à celui qui l'invoque, anormales et imprévisibles, dont les conséquences n'auraient pu être évitées malgré toutes les diligences déployées (voir, notamment, arrêt du 5 février 1987, Denkavit, 145/85, Rec. p. 565, point 11).
0
864,979
53. It follows that, as the Court has previously held, point 13 of the Guidelines on the method of setting fines pursues the objective of adopting, as the starting point for the setting of the fine imposed on an undertaking, an amount which reflects the economic significance of the infringement and the relative size of the undertaking’s contribution to it. Consequently, while the concept of the value of sales referred to in point 13 of those guidelines admittedly cannot extend to encompassing sales made by the undertaking in question which do not fall within the scope of the alleged cartel, it would, however, be contrary to the goal pursued by that provision if that concept were to be understood as applying only to turnover achieved by the sales in respect of which it is established that they were actually affected by that cartel (judgments in Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraphs 76 and 88, and Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraph 57).
36. Accordingly, the fuel management agreement is not a contract for the supply of fuel, but rather a contract to finance its purchase. Auto Lease does not purchase the fuel in order subsequently to resell it to the lessee; the lessee purchases the fuel, having a free choice as to its quality and quantity, as well as the time of purchase. Auto Lease acts, in fact, as a supplier of credit vis-à-vis the lessee.
0
864,980
81 On the one hand, as the Court has already held, the question whether a tax is an integral part of an aid financed by a tax depends not on the existence of a competitive relationship between the person liable to pay the tax and the beneficiary of the aid, but only on whether that tax is hypothecated to the aid in question under the relevant national legislation (see, to that effect, judgment of 22 December 2008, Régie Networks, C‑333/07, EU:C:2008:764, paragraphs 93 to 99).
41. It must be concluded that Directive 2004/35 applies to damage caused by an emission, event or incident which took place after 30 April 2007 where such damage derives either from activities carried out after that date or activities which were carried out but had not finished before that date.
0
864,981
45. In that regard, it follows from settled case‑law that in order to satisfy the requirement that the decision forming the subject-matter of the proceedings must be of direct concern to a natural or legal person, as laid down in the fourth paragraph of Article 230 EC, two cumulative criteria must be met, namely, first, the contested Community measure must directly affect the legal situation of the individual and, second, it must leave no discretion to its addressees, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see Case C‑404/96 P Glencore Grain v Commission [1998] ECR I‑2435, paragraph 41; Case C‑486/01 P National Front v Parliament [2004] ECR I‑6289, paragraph 34; and Case C‑417/04 P Regione Siciliana v Commission , paragraph 28; as well as Case C‑15/06 P Regione Siciliana v Commission , paragraph 31).
19 ATTENDU QU ' IL RESULTE DE L ' ENSEMBLE DES TEXTES SUSVISES , ET DE LEUR RAPPORT AVEC LES AUTRES DISPOSITIONS DU TRAITE , QUE L ' INTERDICTION DE NOUVEAUX DROITS DE DOUANE OU TAXES D ' EFFET EQUIVALENT , LIEE AU PRINCIPE DE LA LIBRE CIRCULATION DES PRODUITS , CONSTITUE UNE REGLE ESSENTIELLE QUI , SANS PREJUDICE D ' AUTRES DISPOSITIONS DU TRAITE , NE COMPORTE PAS D ' EXCEPTIONS ;
0
864,982
47 Accordingly, the procedure is necessarily vitiated, regardless of any possible detrimental consequences for Feralpi that could result from such an infringement (see, to that effect, judgments of 6 November 2012, Commission v Éditions Odile Jacob, C‑553/10 P and C‑554/10 P, EU:C:2012:682, paragraphs 46 to 52, and of 9 June 2016, CEPSA v Commission, C‑608/13 P, EU:C:2016:414, paragraph 36).
30. It is not disputed that the Kingdom of Belgium is responsible for protecting the security not only of its national installations but also of the installations of international organisations within its territory, such as NATO. It is therefore for the Belgian authorities to lay down the security measures necessary for the protection of such installations.
0
864,983
50. According to the settled case-law of the Court, the concept of ‘objective grounds’ for the purposes of clause 4(1) and/or (4) of the framework agreement must be understood as not permitting a difference in treatment between fixed-term workers and permanent workers to be justified on the basis that the difference is provided for by a general, abstract national norm, such as a law or collective agreement ( Del Cerro Alonso , paragraph 57; Joined Cases C-444/09 and C-456/09 Gavieiro Gavieiro and Iglesias Torres [2010] ECR I-14031, paragraph 54; order in Montoya Medina , paragraph 40; Rosado Santana , paragraph 72; and order in Lorenzo Martínez , paragraph 47).
249IT IS ADVISABLE THEREFORE TO ASCERTAIN WHETHER THE DOMINANT UNDERTAKING HAS MADE USE OF THE OPPORTUNITIES ARISING OUT OF ITS DOMINANT POSITION IN SUCH A WAY AS TO REAP TRADING BENEFITS WHICH IT WOULD NOT HAVE REAPED IF THERE HAD BEEN NORMAL AND SUFFICIENTLY EFFECTIVE COMPETITION .
0
864,984
48. The members of a migrant worker’s family are the indirect recipients of the equal treatment granted to the worker under Article 7(2) of Regulation No 1612/68. Since the grant of funding for studies to a child of a migrant worker constitutes a social advantage for the migrant worker, the child may himself rely on that provision in order to obtain the funding if, under national law, such funding is granted directly to the student. For the migrant worker, however, that benefit constitutes a social advantage for the purposes of that provision only inasmuch as he continues to support his descendant (Case 316/85 Lebon [1987] ECR 2811, paragraphs 12 and 13, and Bernini , paragraphs 25 and 26).
43. In addition, the freedom of contract includes, in particular, the freedom to choose with whom to do business (see, to that effect, Joined Cases C-90/90 and C-91/90 Neu [1991] ECR I-3617, paragraph 13), and the freedom to determine the price of a service (see, to that effect, Case C-437/04 Commission v Belgium [2007] ECR I-2513, paragraph 51, and Case C-213/10 F-TEX [2012] ECR, paragraph 45).
0
864,985
29. Moreover, the Court has observed that, while it is true that a mark possesses distinctive character only in so far as it serves to identify the goods or services in respect of which registration is applied for as originating from a particular undertaking, the mere fact that a mark is perceived by the relevant public as a promotional formula and that, because of its laudatory nature, it could in principle be used by other undertakings, is not sufficient, in itself, to support the conclusion that that mark is devoid of distinctive character ( Audi v OHIM , paragraph 44).
43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC.
0
864,986
35. According to the guidance set out in the Aarhus Convention Implementation Guide, which the Court may take into account when interpreting Article 11(1) of Directive 2011/92 (see, to that effect, judgment in Solvay and Others , C‑182/10, EU:C:2012:82, paragraph 28), the two options concerning the admissibility of the actions referred to in the first paragraph of Article 9(2) of that convention constitute two equivalent mechanisms having regard to the differences between the legal systems of the parties to that convention aiming to achieve the same result.
32. It follows that the General Court was wrong to reject, in paragraph 91 of the judgment under appeal, the appellant’s argument that Article 2(7)(b) and (c) of the basic regulation obliged the Commission to examine MET/IT claims from non-sampled traders.
0
864,987
37 Next, the error made by the competent authorities must be such that it could not reasonably be detected by the person liable acting in good faith, despite his professional experience and the diligence which he ought to show (see, in particular, the judgment in Covita, cited above, paragraph 26). It is for the national court to determine, in the light of those criteria, whether or not the error could have been detected (see, in particular, the judgment in Hewlett Packard France, cited above, paragraph 22).
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
864,988
24. In that regard, it is appropriate to bear in mind settled case-law, in accordance with which, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16, and Joined Cases C‑362/07 and C‑363/07 Kip Europe and Others [2008] ECR I‑0000, paragraph 26).
53. Articles 12 and 13 of Directive 2002/22 satisfy those criteria, given that they clearly state that any financing of the universal service obligations must be made on the basis of the calculation of the net cost, which must be interpreted as also including ‘reasonable profit’, equivalent to the rate of return on capital, and that that obligation is not qualified by any condition. Even though Directive 2002/22 allows the national regulatory authorities a certain degree of discretion when implementing those provisions, that does not alter the precise and unconditional nature of the obligation arising out of those provisions (see, by analogy, judgment in GMAC UK , C‑589/12, EU:C:2014:2131, paragraphs 29, 30 and 32).
0
864,989
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).
98 It follows from those provisions, taken together, that Regulation No 2409/92 has, indirectly but definitely, prohibited air carriers of non-member countries which operate in the Community from introducing new products or fares lower than the ones existing for identical products. By proceeding in that way, the Community legislature has limited the freedom of those carriers to set fares and rates, where they operate on intra-Community routes by virtue of the fifth-freedom rights which they enjoy. Accordingly, to the extent indicated in Article 1(3) of Regulation No 2409/92, the Community has acquired exclusive competence to enter into commitments with non-member countries relating to that limitation on the freedom of non-Community carriers to set fares and rates.
1
864,990
29. It also follows from the Court’s case-law that, although recourse to Article 95 EC as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them ( Arnold André , paragraph 31, and Swedish Match , paragraph 30; see also, to that effect, Case C‑350/92 Spain v Council [1995] ECR I‑1985, paragraph 35, Germany v Parliament and Council , paragraph 86, Case C‑377/98 Netherlands v Parliament and Council [2001] ECR I‑7079, paragraph 15, and British American Tobacco (Investments) and Imperial Tobacco , paragraph 61).
80. It must be borne in mind that a failure to adjudicate within a reasonable time must, as a procedural irregularity constituting the breach of a fundamental right, give rise to an entitlement of the party concerned to an effective remedy granting him appropriate relief (Case C‑40/12 P Gascogne Sack Deutschland v Commission EU:C:2013:768, point 80).
0
864,991
28. However, Member States must exercise that competence in accordance with Community law, in particular with the Treaty provisions concerning the freedom accorded to every citizen of the Union to move and reside freely within the territory of the Member States ( Tas-Hagen and Tas , paragraph 22, and Nerkowska , point 24).
63. In light of the foregoing, the answer to the second question is that the Court does not have jurisdiction to interpret Article 31 of the CMR. The third, fourth and sixth questions
0
864,992
31 In the second place, concerning a situation such as that at issue in the main proceedings, it must be recalled that Article 7(2) of Directive 2003/88 must be interpreted as precluding national legislation or practices which provide that, on termination of the employment relationship, no allowance in lieu of paid annual leave not taken is to be paid to a worker who has been on sick leave for the whole or part of the leave year and/or of a carry-over period, which was the reason why he could not exercise his right to paid annual leave (judgments in Schultz-Hoff and Others, C‑350/06 and C‑520/06, EU:C:2009:18, paragraph 62, and Neidel, C‑337/10, EU:C:2012:263, paragraph 30).
30. Consequently, the Court has held that Article 7(2) of Directive 2003/88 must be interpreted as precluding national legislation or practices which provide that, on termination of the employment relationship, no allowance in lieu of paid annual leave not taken is to be paid to a worker who has been on sick leave for the whole or part of the leave year and/or of a carry‑over period, which was the reason why he could not exercise his right to paid annual leave ( Schultz‑Hoff and Others , paragraph 62).
1
864,993
61. That obligation to interpret national law in conformity with Community law concerns all the provisions of national law and is limited by the general principles of law, particularly those of legal certainty and non-retroactivity, and that obligation cannot serve as the basis for an interpretation of national law contra legem (see, to that effect, Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 13; Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraph 110; Impact , paragraph 100; and Case C‑378/07 Angelidaki and Others [2009] ECR I‑0000, paragraph 199).
34. Therefore, the requirements that apply to verification of the genuine use of a mark, within the meaning of Article 15(1) of Regulation No 40/94, are analogous to those concerning the acquisition by a sign of distinctive character through use for the purpose of its registration, within the meaning of Article 7(3) of the regulation.
0
864,994
18. It should be recalled that copyright and related rights, which by reason in particular of their effects on intra-Community trade in goods and services fall within the scope of application of the EC Treaty, are necessarily subject to the general principle of non-discrimination laid down by the first paragraph of Article 12 EC (Joined Cases C-92/92 and C-326/92 Phil Collins and Others [1993] ECR I-5145, paragraph 27, and Case C-360/00 Ricordi [2002] ECR I-5089, paragraph 24).
41. Accordingly, in the second place, it is appropriate to examine whether national legislation such as that at issue in the main proceedings may undermine the objective pursued by Regulation No 4/2009, which is to facilitate as far as possible the recovery of international maintenance claims, in so far as it may render the procedure more cumbersome by causing the parties to spend a considerable amount of additional time.
0
864,995
19 According to settled case-law, although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law and therefore avoid any overt or covert discrimination on grounds of nationality (Case C-279/93 Schumacker [1995] ECR I-225, paragraphs 21 and 26; Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; and Case C-107/94 Asscher [1996] ECR I-3089, paragraph 36).
29. En premier lieu, il convient d’examiner si l’article en cause présente les caractéristiques et les propriétés objectives permettant son classement dans la position 7318 de la NC.
0
864,996
25. In that connection, the Court has already pointed out that it is for the referring court to carry out a detailed assessment of all the relevant facts concerning the contract in question in order to determine whether there is certain cross-border interest ( SECAP and Santorso , paragraph 34). In the present case, the answers to the questions referred take as their premiss that it is none the less for the referring court to ascertain whether the contract in question involves certain cross-border interest. The first question
16 ARTICLE 10 ( 1 ) PROHIBITS THE COMPETENT INSTITUTIONS OF THE MEMBER STATES, IN GENERAL TERMS, FROM REDUCING, MODIFYING, SUSPENDING, WITHDRAWING OR CONFISCATING BENEFITS COVERED BY THE REGULATION BY REASON OF THE FACT THAT THE RECIPIENT RESIDES IN THE TERRITORY OF ANOTHER MEMBER STATE . THE ONLY EXCEPTIONS TO THAT PROHIBITION ARE THOSE EXPRESSLY PROVIDED FOR IN COMMUNITY LEGISLATION .
0
864,997
29. Secondly, by application of the principle that a pensioner cannot be required, because he resides in the territory of a Member State, to pay compulsory insurance contributions to cover benefits payable by an institution of another Member State (Case C‑140/88 Noij [1991] ECR I‑387, paragraph 14), the Republic of Finland could not claim payment from Mr Rundgren of contributions such as those prescribed by Finnish legislation, since he was entitled to benefits having a similar purpose, for which the Kingdom of Sweden assumed responsibility as the Member State competent in his regard in respect of pensions ( Rundgren , paragraph 56).
49. In this case, since the Community institutions enjoy a margin of discretion in the choice of the means needed to achieve the common commercial policy, traders cannot claim to have a legitimate expectation that an existing situation will be maintained (see, to that effect, Spain v Council , cited above, paragraph 43).
0
864,998
108. Furthermore, the Court has already held that, where, in economic terms, the alteration of the market conditions which gives rise to an advantage given indirectly to certain undertakings is the consequence of the public authorities’ loss of revenue, even the fact that investors then take independent decisions does not mean that the connection between the loss of revenue and the advantage given to the undertakings in question has been eliminated (see, to that effect, Germany v Commission , paragraphs 25 to 28).
50. Accordingly, the nature of the goods or services for which the conflicting marks are registered must be taken into consideration for the purposes of assessing whether there is a link between those marks.
0
864,999
42 It should be noted that it follows from well-established case-law that the application, for the purpose of calculating fines imposed for competition infringements, of new guidelines, such as the 2006 Guidelines, and in particular of a new method of calculating the amount of a fine contained therein, even to infringements committed before the adoption or the amendment of those guidelines, does not breach the principle of non-retroactivity in so far as those new guidelines and that new method were reasonably foreseeable at the time when the infringements in question were committed (see, to that effect, in particular, judgments of 28 June 2005, Dansk Rørindustri and Others v Commission (C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 217, 218, and 227 to 232; of 18 May 2006, Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission, C‑397/03 P, EU:C:2006:328, paragraph 25; of 18 July 2013, Schindler Holding and Others v Commission, C‑501/11 P, EU:C:2013:522, paragraph 75; and of 14 September 2016, Ori Martin and SLM v Commission, C‑490/15 P and C‑505/15 P, not published, EU:C:2016:678, paragraphs 82 to 94).
21. In that regard, it is important to recall that, according to consistent case-law, the provisions of directives must be implemented with unquestionable binding force, and the specificity, precision and clarity necessary to satisfy the requirements of legal certainty (see, in particular, Case C-159/99 Commission v Italy [2001] ECR I-4007, paragraph 32). The principle of legal certainty requires appropriate publicity for the national measures adopted pursuant to Community rules in such a way as to enable the persons concerned by such measures to ascertain the scope of their rights and obligations in the particular area governed by Community law (see Case C-313/99 Mulligan and Others [2002] ECR I-5719, paragraphs 51 and 52).
0