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865,100 | 52. First, it must be borne in mind that, according to settled case-law, a pension scheme such as the TSS at issue in the main proceedings, which essentially relates to the employment of the person concerned, forms part of the pay received by that person and comes within the scope of Article 141 EC (to that effect, see in particular Case 170/84 Bilka [1986] ECR 1607, paragraph 22, Case C-262/88 Barber [1990] ECR I-1889, paragraph 28, Case C-7/93 Beune [1994] ECR I-4471, paragraph 46, and Joined Cases C-234/96 and C-235/96 Deutsche Telekom [2000] ECR I-799, paragraph 32). | 28 It must therefore be concluded that, unlike the benefits awarded by national statutory social security schemes, a pension paid under a contracted-out scheme constitutes consideration paid by the employer to the worker in respect of his employment and consequently falls within the scope of Article 119 of the Treaty . | 1 |
865,101 | 36 The Court has consistently held that wherever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon by an individual against the State in proceedings before the national courts where the State has failed to transpose the directive into national law by the end of the period prescribed or has failed to do so correctly (see, inter alia, Case C-236/92 Comitato di Coordinamento per la Difesa della Cava and Others [1994] ECR I-483, paragraph 8, Case C-347/96 Solred v Administración General del Estado [1998] ECR I-937, paragraph 28, and Modelo I, paragraph 33). | 33 The Court has consistently held that wherever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied upon by an individual against the State in proceedings before the national courts where the State has failed to transpose the directive into national law by the end of the period prescribed or has failed to do so correctly (see, inter alia, Case C-236/92 Comitato di Coordinamento per la Difesa della Cava and Others [1994] ECR I-483, paragraph 8). | 1 |
865,102 | 47. It is only where the European Union intends to implement a particular obligation assumed in the context of the WTO or where the European Union measure refers expressly to specific provisions of the WTO agreements that the Court can review the legality of the European Union measure at issue in the light of the WTO rules (see, with regard to the General Agreement on Tariffs and Trade of 1947, the judgments in Fediol v Commission , 70/87, EU:C:1989:254, paragraphs 19 to 22; Nakajima v Council , EU:C:1991:186, paragraph 31, and, with regard to the WTO agreements, the judgments in Portugal v Council , EU:C:1999:574, paragraph 49; Biret International v Council , EU:C:2003:517, paragraph 53, and Van Parys , EU:C:2005:121, paragraph 40). | 58. That finding is not invalidated by the fact that, if steps are not taken by such a father in good time to obtain rights of custody, he finds himself unable, if the child is removed to another Member State by its mother, to obtain the return of that child to the Member State where the child previously had its habitual residence. Such a removal represents the legitimate exercise, by the mother with custody of the child, of her own right of freedom of movement, established in Article 20(2)(a) TFEU and Article 21(1) TFEU, and of her right to determine the child’s place of residence, and that does not deprive the natural father of the possibility of exercising his right to submit an application to obtain rights of custody thereafter in respect of that child or rights of access to that child. | 0 |
865,103 | 104. It must be recalled that the Court has repeatedly held that the Commission’s practice in previous decisions does not itself serve as a legal framework for the fines imposed in competition matters and that decisions in other cases can give only an indication for the purpose of determining whether there is discrimination (see Case C‑167/04 P JCB Service v Commission [2006] ECR I‑8935, paragraph 205, and Joined Cases C‑125/07 P, C‑133/07 P, C‑135/07 P and C‑137/07 P Erste Group Bank and Others v Commission [2009] ECR I‑8681, paragraph 233). | 16. The VAT scheme applicable to transactions carried out by travel agents, laid down in Articles 306 to 310 of the VAT Directive, reproduces in essence the provisions of Article 26 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1). That scheme is a special scheme which contains specific rules regarding the activity of travel agents, which derogate from the normal VAT regime. | 0 |
865,104 | 47
It must be held that such a lack of foreseeability may have the effect of deterring non-residents from acquiring or maintaining property situated in that Member State, given that the later transfer of those assets to other non-residents would place the latter in a position of uncertainty for a longer time as regards the future taxation that might be demanded by that Member State (see, by analogy, the judgment of 15 September 2011 in Halley, C‑132/10, EU:C:2011:586, paragraphs 22 to 25). | 51. En premier lieu, NHF ayant fondé son argumentation sur l’article 253 CE, il convient de rappeler que l’obligation de motiver les arrêts résulte de l’article 36 du statut de la Cour de justice, applicable au Tribunal en vertu des articles 53, premier alinéa, du même statut et 81 du règlement de procédure du Tribunal (voir ordonnances du 22 juin 2004, Meyer/Commission, C‑151/03 P, non publiée au Recueil, point 72, et du 27 avril 2006, L/Commission, C‑230/05 P, non publiée au Recueil, point 83). | 0 |
865,105 | 32. The Court has also stated that given that any limitation on the right of deduction of VAT affects the level of the tax burden and must be applied in a similar manner in all the Member States, derogations are permitted only in the cases expressly provided for in the Sixth Directive (see, to that effect, BP Soupergaz , paragraph 18, and Joined Cases C-177/99 and C‑181/99 Ampafrance and Sanofi [2000] ECR I-7013, paragraph 34). However, such derogations can only be transitional in nature, as the objective of Article 28(4) of the Sixth Directive is their abolition (see, to that effect, Case C-136/97 Norbury Developments [1999] ECR I‑2491, paragraph 20; Case C-36/99 Idéal Tourisme [2000] ECR I-6049, paragraph 32; Case C-345/99 Commission v France [2001] ECR I‑4493, paragraph 21; and Case C-240/05 Eurodental [2006] ECR I‑11479, paragraph 52). | 54. The employer may not render nugatory the right of a worker who has taken parental leave to be transferred to another post, in accordance with the conditions laid down in clause 2.5 of the Framework Agreement on Parental Leave, by offering that worker a post which is due to be abolished. | 0 |
865,106 | 21. The Court has consistently held that a benefit can be regarded as a social security benefit only if, firstly, it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and, secondly, it relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, in particular, Case C-78/91 Hughes [1992] ECR I-4839, paragraph 15; Case C-85/99 Offermanns [2001] ECR I-2261, paragraph 28; and Case C-333/00 Maaheimo [2002] ECR I-10087, paragraph 22). | 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 |
865,107 | 53 As regards Article 119 of the Treaty, the Court took the view, in paragraphs 8 to 11 of Defrenne II, that it pursues a twofold purpose, both economic and social. | 84. It follows from this that the mere fact that the appellant was encouraged by the intervention of a national regulatory authority such as RegTP to maintain the pricing practices which led to the margin squeeze of competitors who are at least as efficient as the appellant cannot, as such, in any way absolve the appellant from responsibility under Article 82 EC (see, to that effect, Case 123/83 Clair [1985] ECR 391, paragraphs 21 to 23). | 0 |
865,108 | 47
However, it is settled case-law of the Court that, in interpreting a provision of EU law, it is necessary to consider not only its wording, but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgment of 15 October 2014, Hoštická and Others, C‑561/13, EU:C:2014:2287, paragraph 29 and the case-law cited). | 67. Ascertaining which elements of a matter must be categorised as essential is not – contrary to what the Council and the Commission claim – for the assessment of the European Union legislature alone, but must be based on objective factors amenable to judicial review. | 0 |
865,109 | 275. In the present case, the General Court did not, therefore, commit any error of law in holding, in paragraph 310 of the judgment under appeal, that the Commission had been entitled to characterise the infringement committed by the appellant as serious for the period from 1 January 1998 to 31 December 2001, since, by strengthening the barriers to entry to the recently liberalised markets, the pricing practices at issue were jeopardising the proper functioning of the internal market. As is apparent from the case-law of the Court, exclusionary practices of dominant undertakings, such as the practice at issue in the present case, are particularly serious infringements of Article 82 EC (see, to that effect, Joined Cases 6/73 and 7/73 Istituto Chemioterapico Italiano and Commercial Solvents v Commission [1974] ECR 223, paragraph 51, and AKZO v Commission , paragraph 162). | 51. In that connection, it must be pointed out that the fourth subparagraph of Article 4(5) of the Sixth Directive provides that the Member States have the option, and not the obligation, to consider the activities of bodies governed by public law exempted under Article 13 or Article 28 of the Sixth Directive as activities which they engage in as public authorities. Consequently, the transposition of that provision into domestic law is not obligatory. | 0 |
865,110 | 98. It follows that Ireland was bound to subject the work on the projects to an impact assessment if they were likely to have significant effects on the environment, by virtue, inter alia, of their nature, size or location (see, to that effect, Case C‑72/95 Kraaijeveld and Others [1996] ECR I‑5403, paragraph 50, and Case C‑2/07 Abraham and Others [2008] ECR I‑0000, paragraph 37). | 50 However, although the second paragraph of Article 4(2) of the directive confers on Member States a measure of discretion to specify certain types of projects which will be subject to an assessment or to establish the criteria or thresholds applicable, the limits of that discretion are to be found in the obligation set out in Article 2(1) that projects likely, by virtue inter alia of their nature, size or location, to have significant effects on the environment are to be subject to an impact assessment. | 1 |
865,111 | 51. The determination of the measures which may, in a particular case, reasonably be required of a taxable person wishing to exercise the right to deduct VAT in order to satisfy himself that his transactions are not connected with fraud committed by a trader at an earlier stage of a transaction depends essentially on the circumstances of that particular case (see judgment in Mahagében and Dávid , C‑80/11 and C‑142/11, EU:C:2012:373, paragraph 59, and order in Jagiełło , C‑33/13, EU:C:2014:184, paragraph 37). | 36. Moreover, the fact that the applicable national rules are social security rules and, more specifically, provide, as regards sickness insurance, for benefits in kind rather than reimbursement does not mean that medical treatment falls outside the scope of that basic freedom (see, to that effect, Müller‑Fauré and van Riet , paragraph 103; Watts , paragraph 89, and Commission v Spain , paragraph 47). | 0 |
865,112 | 44 While the Court has ruled that maternity leave granted to a woman on expiry of the statutory protective period falls within the scope of Article 2(3) of Directive 76/207 (Hofmann, cited above, paragraph 26), it has also held that measures designed to protect women in their capacity as parents, which is a capacity which both male and female workers may have, cannot find justification in that provision of Directive 76/207 (Commission v France, cited above, paragraph 14). | 26 IN PRINCIPLE , THEREFORE , A MEASURE SUCH AS MATERNITY LEAVE GRANTED TO A WOMAN ON EXPIRY OF THE STATUTORY PROTECTIVE PERIOD FALLS WITHIN THE SCOPE OF ARTICLE 2 ( 3 ) OF DIRECTIVE 76/207 , INASMUCH AS IT SEEKS TO PROTECT A WOMAN IN CONNECTION WITH THE EFFECTS OF PREGNANCY AND MOTHERHOOD . THAT BEING SO , SUCH LEAVE MAY LEGITIMATELY BE RESERVED TO THE MOTHER TO THE EXCLUSION OF ANY OTHER PERSON , IN VIEW OF THE FACT THAT IT IS ONLY THE MOTHER WHO MAY FIND HERSELF SUBJECT TO UNDESIRABLE PRESSURES TO RETURN TO WORK PREMATURELY .
| 1 |
865,113 | 42. It must be noted at the outset that, under Article 254(2) EC, regulations of the Council and of the Commission are published in the Official Journal of the European Union and enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication. It is evident from the very wording of the provisions of that article that a Community regulation cannot take effect in law unless it has been published in the Official Journal of the European Union (see Case C-161/06 Skoma-Lux [2007] ECR I‑10841, paragraph 33). | 53. It must be observed, first of all, that the fact that the same Judge in the two successive formations was entrusted with the duties of Judge-Rapporteur is, by itself, irrelevant to the assessment of compliance with the requirement of impartiality, since those duties are performed in a collegiate formation of the Court. | 0 |
865,114 | 24 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the contested regulations (T. Port, paragraph 36). | 27. In this connection, the Court has previously held, in cases relating to legislation applicable in the Land Baden-Württemberg, that notarial fees must be classed as ‘tax’ for the purposes of Directive 69/335 where they are charged for a transaction covered by that directive by notaries who are employed as civil servants and are, at least in part, paid to the public authority employing the notaries as civil servants and used to finance the public obligations of that authority (see, to that effect, the order in Gründerzentrum , C‑264/00, EU:C:2002:201, paragraphs 27 and 28; Längst , C‑165/03, EU:C:2005:412, paragraphs 37 and 41; and Albert Reiss Beteiligungsgesellschaft , EU:C:2007:385, paragraph 40). | 0 |
865,115 | 19. In addition, a national court or tribunal may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (see, inter alia, Case C-134/97 Victoria Film [1998] ECR I-7023, paragraph 14; Case C-195/98 Österreichischer Gewerkschaftsbund [2000] ECR I-10497, paragraph 25, and Syfait and Others , paragraph 35). | 41. It must be pointed out, firstly, that the aims of Regulation No 3887/92 are, as set out in its seventh and ninth recitals, to monitor effectively compliance with the provisions on Community aid and to adopt provisions which prevent and penalise irregularities and fraud effectively. | 0 |
865,116 | 43. This does not apply only where consent was granted before 3 July 1988 (an old consent), that is to say before the time-limit laid down for implementation of Directive 85/337, or where consent was granted after 3 July 1988 but the consent procedure was initiated before that date ( " pipeline" projects) (see, to this effect, Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 32, and Gedeputeerde Staten van Noord-Holland , cited above, paragraph 23). The directive thus requires an assessment of the environmental effects of the project in question in the case of new consents. | 61 As a national of a Member State lawfully residing in the territory of another Member State, the appellant in the main proceedings comes within the scope ratione personae of the provisions of the Treaty on European citizenship. | 0 |
865,117 | 26
First of all, it should be noted that those questions are worded in terms that call to mind the case-law relating to the direct effect of directives. According to that case-law, provisions of a directive that appear, so far as their subject matter is concerned, to be unconditional and sufficiently precise may be relied on directly against the State, but cannot of themselves impose obligations on an individual and cannot therefore be relied on as such against such a person before a national court (see to that effect, inter alia, judgment of 12 December 2013, Portgás, C‑425/12, EU:C:2013:829, paragraphs 18 and 22 and the case-law cited). Thus, obligations arising from a directive must be transposed into national law in order to be capable of being relied on directly against an individual. | 80. À titre liminaire, il convient de rappeler que, selon la Cour européenne des droits de l’homme, le dépassement d’un délai de jugement raisonnable, en tant qu’irrégularité de procédure constitutive de la violation d’un droit fondamental, doit ouvrir à la partie concernée un recours effectif lui offrant un redressement approprié (voir, Cour eur. D. H., arrêt Kudla/Pologne du 26 octobre 2000, Recueil des arrêts et décisions 2000 XI, § 156 et 157). | 0 |
865,118 | 17. It is clear from settled case-law that where, as in the case at issue in the main proceedings, such a measure applies to any person or undertaking carrying on an activity in the territory of the host Member State, it may be justified where it serves overriding requirements relating to the public interest, is suitable for securing the attainment of the objective it pursues and does not go beyond what is necessary in order to attain it (see, inter alia, Case C-424/97 Haim [2000] ECR I-5123, paragraph 57, Mac Quen , paragraph 26, and Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 23). | 136. From those two opposing points of view, the issue of whether the quotation is made as part of a work protected by copyright or, on the other hand, as part of a subject-matter not protected by copyright, is irrelevant. | 0 |
865,119 | 26. It is settled case-law that the obligation to state reasons is an essential procedural requirement, as distinct from the question whether the reasons given are correct, which goes to the substantive legality of the contested measure. The statement of reasons required by Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Court to exercise its power of review. That requirement must be appraised by reference to the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, Case C-310/99 Italy v Commission [2002] ECR I-2289, paragraph 48).
– The first part of the plea | 46. Toutefois, hormis le fait que la République hellénique semble elle-même reconnaître la participation des employés et de l’État, en tant qu’employeur, au financement du régime litigieux, il ressort en tout état de cause de la jurisprudence de la Cour que les modalités de financement et de gestion d’un régime de pension tel que celui en cause en l’espèce ne constituent pas non plus un élément décisif pour apprécier si ledit régime relève de l’article 141 CE (arrêts précités Beune, point 38; Griesmar, point 37, et Niemi, point 43). | 0 |
865,120 | 36. One of the reasons which led the Court to the findings established in the judgment in Stadt Halle and RPL Lochau EU:C:2005:5 was based not on the legal form of the private entities forming part of the contractor or on their commercial purpose, but on the fact that those entities obeyed considerations particular to their private interests, which were different in nature from that of the objectives of public interest pursued by the awarding authority. For that reason, that authority could not exercise control over the contractor similar to that which it exercised over its own services (see, to that effect, Stadt Halle and RPL Lochau EU:C:2005:5, paragraphs 49 and 50). | 13 In addition, the Court has consistently held that the Treaty provisions on freedom of movement cannot be applied to activities which are confined in all respects within a single Member State, and the question whether that is the case depends on findings of fact which are for the national court to make (see in particular Case C-332/90 Steen [1992] ECR I-341, paragraph 9). | 0 |
865,121 | 30. It should be borne in mind from the outset that, according to settled case-law, whilst the exemptions provided for in, inter alia, Article 13B(d)(6) of the Sixth Directive are autonomous concepts of EU law which must, in principle, be given a common definition in order to avoid divergences in the application of the VAT system from one Member State to another, so that the Member States cannot alter their content, that is not the case where the EU legislature has conferred on the Member States the task of defining certain terms of an exemption (see, to that effect, judgments in Abbey National , C‑169/04, EU:C:2006:289, paragraphs 38 and 39; JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies , C‑363/05, EU:C:2007:391, paragraphs 19 and 20; Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 16; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 40). | 31 The German Government further explains that there is a social demand for minor employment, that it considers that it should respond to that demand in the context of its social policy by fostering the existence and supply of such employment and that the only means of doing this within the structural framework of the German social security scheme is to exclude minor employment from compulsory insurance. | 0 |
865,122 | 25. It is apparent from those observations that FCD and FMB and the Commission are asking the Court to rule on the compatibility of the Notice of 8 June 2011 with EU law. It is settled case-law, however, that it is not for the Court, in the context of a reference for a preliminary ruling under Article 267 TFEU, to give a ruling on the compatibility of provisions of national law with EU law or to interpret national legislative or regulatory provisions (see, to that effect, inter alia, judgment in Vueling Airlines , C‑487/12, EU:C:2014:2232, paragraph 26 and the case-law cited). The Court has jurisdiction to give the national court full guidance on the interpretation of EU law in order to enable it to determine the issue of compatibility for the purposes of the case before it (judgment in Transportes Urbanos y Servicios Generales , C‑118/08, EU:C:2010:39, paragraph 23 and the case-law cited). | 88. Similarly, Article 7(5) of the directive prohibits third parties from circumventing the prohibition on re-utilisation laid down by Article 7(1) of the directive by making insubstantial parts of the contents of the database available to the public in a systematic and repeated manner. | 0 |
865,123 | 63 As regards the argument concerning the practical difficulties due to the fact that most of the vessels flying the flag of the United Kingdom which are charged with overfishing were not operating in the territorial waters of that Member State, it should be recalled that, according to settled case-law, a Member State cannot plead provisions, practices or situations in its internal legal system to justify non-compliance with obligations arising from rules of Community law (see Case C-52/91 Commission v Netherlands [1993] ECR I-3069, paragraph 36, and Joined Cases C-418/00 and C-419/00 Commission v France, cited above, paragraph 59). That argument therefore cannot be upheld. | 34. Article 33 of the Sixth Directive does not, on the other hand, preclude the maintenance or introduction of a tax which does not display one of the essential characteristics of VAT ( Solisnor-Estaleiros Navais , paragraphs 19 and 20). | 0 |
865,124 | 45. In that respect, the Court notes that Article 73d(1)(b) of the Treaty, amongst other provisions, shows that the effectiveness of financial supervision may be relied upon in order to justify restrictions on the exercise of fundamental freedoms guaranteed by the Treaty (Case C-254/97 Baxter and Others [1999] ECR I-4809, paragraph 18; Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 39). | 10. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 19 juin 2003, Commission/France, C‑161/02, Rec. p. I‑6567, point 6, et du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 36). | 0 |
865,125 | 31. The Court has also had occasion to make clear that, subject to the right to reparation which thus flows directly from European Union law where those conditions are satisfied, it is on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss and damage caused, provided that the conditions for reparation of loss and damage laid down by national law are not less favourable than those relating to similar domestic claims (principle of equivalence) and are not so framed as to make it, in practice, impossible or excessively difficult to obtain reparation (principle of effectiveness) (see, to that effect, Case C‑224/01 Köbler [2003] ECR I‑10239, paragraph 58, and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 123). | 143 It follows that the Commission is required to specify unequivocally, in the statement of objections, the persons on whom fines may be imposed. | 0 |
865,126 | 9 The right of individuals to rely on the directly applicable provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty (see the judgment in Case 168/85 Commission v Italy [1986] ECR 2945, at paragraph 11). | 53
In providing for this method of free allocation of allowances, fully-harmonised on a sectoral basis, the legislature gave concrete expression to the essential requirement that distortions of competition in the internal market be minimised. | 0 |
865,127 | 41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51). | À cet égard, il importe de relever d’emblée que les critiques formulées par les requérantes, selon lesquelles le Tribunal n’a pas pris en considération les informations figurant au point 51 de la requête, qui lui auraient permis de relativiser les déclarations de Shell, de Repsol et de Sasol, ne sauraient être accueillies, dans la mesure où le simple renvoi à la requête présentée en première instance ne répond pas aux exigences rappelées au point 49 du présent arrêt. | 0 |
865,128 | 44. In that connection, the Court of First Instance held, at paragraph 93 of the judgment under appeal, that the Commission did not have any discretion as to the inferences to be drawn from the fact that, on 31 December 2001, part of the capital paid into the VCF had not been invested in SMEs. It referred in that regard to Case C-84/96 Netherlands v Commission [1999] ECR I‑6547, paragraphs 22, 23 and 47, and added that if account were taken of the various facts relied on by the appellant, that would not only be tantamount to an acknowledgement that the rules in Datasheet No 19 had been infringed but would also enable it to take advantage of its misinterpretation.
The claim for damages | 38. Therefore, the condition that packaging be necessary is directed only at the fact of repackaging the product – and the choice between a new carton and oversticking – for the purposes of allowing that product to be marketed in the importing State and not at the manner or style in which it has been repackaged (see also the judgment of the EFTA Court in Case E‑3/02 Paranova v Merck [2003] EFTA Court Report 2004, p. 1, paragraphs 41 to 45). | 0 |
865,129 | 45. As is clear from the case‑law of the Court, the examination of trade mark applications must not be minimal, but must be stringent and full, in order to prevent trade marks from being improperly registered and, for reasons of legal certainty and good administration, to ensure that trade marks whose use could be successfully challenged before the courts are not registered (see, to that effect, Libertel , paragraph 59, and OHIM v Erpo Möbelwerk , paragraph 45). | 13 UNDER THOSE CONDITIONS TO PERMIT AN INVENTOR , OR ONE CLAIMING UNDER HIM , TO INVOKE A PATENT HELD BY HIM IN ONE MEMBER STATE IN ORDER TO PREVENT THE IMPORTATION OF THE PRODUCT FREELY MARKETED BY HIM IN ANOTHER MEMBER STATE WHERE THAT PRODUCT IS NOT PATENTABLE WOULD BRING ABOUT A PARTITIONING OF THE NATIONAL MARKETS WHICH WOULD BE CONTRARY TO THE AIMS OF THE TREATY .
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865,130 | 38. As regards the argument relied on by the Republic of Austria, that putting in place regeneration plants on its territory is uneconomical and that in those circumstances and by reason of the principle of proportionality the obligations of the Member States concerned should be modified according to the actual circumstances prevailing in them, it must be recalled, as the Court held in paragraphs 35 to 43 of its judgment in Case C-102/97 Commission v Germany [1999] ECR I‑5051, that one of the primary objectives of the Directive was to give priority to the processing of waste oils by regeneration. Therefore, to consider that the technical, economic and organisational circumstances obtaining in a Member State automatically constituted constraints making it impossible to adopt the measures provided for in Article 3(1) of the Directive would deprive that provision of all practical effect, since the obligation imposed on Member States would be limited by maintenance of the status quo, with the result that there would be no genuine obligation to take the measures necessary to give priority to the processing of waste oils by regeneration. | 25 However, since Regulation No 3626/82 and Regulation No 338/97 both apply, as stated in the second paragraph of Article 1 in each case, in compliance with the objectives, principles and (in the case of Regulation No 338/97) provisions of CITES, the Court cannot disregard those elements, in so far as they have to be taken into account in order to interpret the provisions of the regulations. | 0 |
865,131 | 63. It must also be examined whether the restriction resulting from national legislation such as that at issue in the main proceedings is justified by overriding reasons in the public interest (see Case C‑451/05 ELISA [2007] ECR I‑8251, paragraph 79). | 53 The second paragraph of Article 17 of the Staff Regulations clearly provides that, in principle, permission is to be granted, refusal being possible only in exceptional cases. Indeed, in so far as that provision enables institutions to refuse permission to publish, and thus potentially interfere to a serious extent with freedom of expression, one of the fundamental pillars of a democratic society, it must be interpreted restrictively and applied in strict compliance with the requirements mentioned in paragraph 41 above. Thus, permission to publish may be refused only where publication is liable to cause serious harm to the Communities' interests. | 0 |
865,132 | 38. Since Article 10 of Directive 1999/31 and Articles 1 to 3 of Directive 2000/35 have direct effect, they are binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities, and those authorities are required to apply them (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33 and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 61 and the case‑law cited). | 26 By its first question the Verwaltungsgerichtshof is essentially asking whether Article 16(3) or Article 30 of the Regulation requires the Commission to lay down rules catering for cases of hardship arising from the fact that importers of third-country bananas or non-traditional ACP bananas meet difficulties threatening their existence when an exceptionally low quota is allocated to them on the basis of the reference years to be taken into consideration under Article 19(2) of the Regulation. | 0 |
865,133 | 57. In that regard, it should be pointed out that, according to settled case‑law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 to 24; Case C‑213/89 Factortame and Others [1990] ECR I‑2433, paragraphs 19 to 21; and Case C‑119/05 Lucchini [2007] ECR I‑0000, paragraph 61). | 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 |
865,134 | 62 It is therefore necessary to consider whether that difference in treatment is incompatible with the prohibition laid down in the second subparagraph of Article 40(3) of the Treaty, which is merely a specific enunciation of the general principle of equality, one of the fundamental principles of Community law (see in particular Joined Cases 117/76 and 16/77 Ruckdeschel v Hauptzollamt Hamburg-St Annen [1977] ECR 1753, paragraph 7, Joined Cases 124/76 and 20/77 Moulins et Huileries de Pont-à-Mousson and Another v Office Interprofessionnel des Céréales [1977] ECR 1795, paragraph 16, Case 125/77 Koninklijke Scholten-Honig v Hoofdproduktschap voor Akkerbouwprodukten [1978] ECR 1991, paragraph 26, and Joined Cases 103/77 and 145/77 Royal Scholten-Honig v Intervention Board for Agricultural Products [1978] ECR 2037, paragraph 26), or whether, on the contrary, it may be objectively justified, as contended by, in particular, the Council and the Commission, by the need to restore the competitive balance between those categories of operators. | 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 |
865,135 | 29. Moreover, to answer requests to amend the questions formulated by the parties in the main proceedings would be incompatible with the function given to the Court by Article 267 TFEU and with its duty to ensure that the governments of the Member States and the parties concerned are given the opportunity to submit observations in accordance with Article 23 of the Statute of the Court of Justice of the European Union, bearing in mind that, under that provision, only the order of the referring court is notified to the interested parties (see, inter alia, judgment in Phytheron International , C‑352/95, EU:C:1997:170, paragraph 14, and, to that effect, judgment in Santesteban Goicoechea , C‑296/08 PPU, EU:C:2008:457, paragraph 47). | 42. Toutefois, cette répartition de la compétence fiscale ne permet pas aux États membres d’appliquer des mesures contraires aux libertés de circulation garanties par le traité FUE. En effet, en ce qui concerne l’exercice du pouvoir d’imposition ainsi réparti dans le cadre de conventions bilatérales préventives de la double imposition, les États membres sont tenus de se conformer aux règles de l’Union (arrêts précités de Groot, point 94; Renneberg, points 50 et 51, ainsi que Beker, points 33 et 34). | 0 |
865,136 | 87
Without prejudice to the Act of Accession of the Member State concerned, ‘existing aid’ is all aid which existed prior to the entry into force of the Treaty in that Member State, that is to say, aid schemes and individual aid put into effect before, and still applicable after, the entry into force of the Treaty (see, to that effect, judgment of 18 July 2013, P, C‑6/12, EU:C:2013:525, paragraph 42). | 115. As submitted by both Impact and the Commission, to interpret Clause 4 of the framework agreement as categorically excluding from the term ‘employment conditions’ for the purposes of that clause financial conditions such as those relating to remuneration and pensions, effectively reduces – contrary to the objective attributed to that clause – the scope of the protection against discrimination for the workers concerned by introducing a distinction based on the nature of the employment conditions, which the wording of that clause does not in any way suggest. | 0 |
865,137 | 58. In the judgment in ETI and Others (EU:C:2007:775) to which the Court of Justice expressly referred in paragraph 144 of the judgment in ThyssenKrupp Nirosta v Commission (EU:C:2011:191), the Court of Justice held that the Commission was entitled to impute the infringement to a company which had not committed the infringement where the entity which had done so continued to exist as an economic operator on other markets (see judgment in ETI and Others , EU:C:2007:775, paragraph 45). The Court of Justice based that assessment on the fact that, at the time of the infringement, the companies concerned were held by the same public entity (see judgments in ETI and Others , EU:C:2007:775, paragraph 50, and Versalis v Commission , EU:C:2013:386, paragraph 56). | 34 The integrated system established by Regulation No 3508/92 and Regulation No 3887/92 is designed to make administrative and control mechanisms more effective. An effective procedure presupposes that the information to be provided by an applicant for aid is complete and accurate from the outset in order that he may make a proper application for the grant of compensatory payments and avoid the imposition of penalties (see, to that effect, Case C-369/98 Fisher [2000] ECR I-6751, paragraphs 27 and 28). | 0 |
865,138 | 91 As regards, first, the plea alleging insufficient reasoning for the contested decision, according to the case-law of the Court of Justice, decisions concerning the clearance of accounts do not require detailed reasons if the government concerned was closely involved in the process by which the decision came about and is therefore aware of the reason for which the Commission considers that it must not charge the sums in dispute to the EAGGF (Case C-50/94 Greece v Commission [1996] ECR I-3331, paragraph 9). | 48. Therefore, the answer to the first question must be that a natural or legal person such as Roquette, in factual and legal circumstances such as those of the main proceedings, could not undoubtedly have brought an admissible action, on the basis of Article 230 EC, to annul the contested provisions. Therefore, such a person may, in proceedings brought under national law, plead the illegality of those provisions, even though it has not brought an action for annulment of those provisions before the Community Courts within the time‑limit laid down in Article 230 EC.
The second question | 0 |
865,139 | 53. With regard to the case of a pregnancy-related illness affecting a worker before her maternity leave, the Court pointed out in paragraph 33 of its judgment in Høj Pedersen and Others , cited above, replicating the terms used in paragraph 22 of its judgment in Brown , that the disorders and complications linked to pregnancy, which may cause incapacity for work, form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition. The Court went on to point out that, within the context of the dispute in the main proceedings, a woman was deprived, before the beginning of her maternity leave, of her full pay when her incapacity for work was the result of a pregnancy-related pathological condition, even though, under the national legislation in issue, all workers were in principle entitled to continue to be paid in full in the event of incapacity for work. In those circumstances, the Court ruled that the application of legislative provisions such as those at issue in the main proceedings in that case involved discrimination against women ( Høj Pedersen and Others , paragraphs 34, 35 and 37). | 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 |
865,140 | 33. It is therefore the task of the Court to ensure that acts which, according to the Council, fall within the scope of Title V of the Treaty on European Union and which, by their nature, are capable of having legal effects, do not encroach upon the powers conferred by the EC Treaty on the Community (see, to that effect, Case C-170/96 Commission v Council [1998] ECR I-2763, paragraph 16; Case C-176/03 Commission v Council , paragraph 39; and Case C-440/05 Commission v Council , paragraph 53). | 64. Such a difference in treatment has the effect of discouraging United Kingdom-resident companies from investing their capital in companies established in another Member State. In addition, it also has a restrictive effect as regards companies established in other Member States in that it constitutes an obstacle to their raising of capital in the United Kingdom. In so far as income arising from foreign-sourced capital is treated less favourably from a tax point of view than dividends paid by companies established in the United Kingdom, shares in companies established in other Member States are less attractive to United Kingdom-resident investors than those of companies having their seat in that Member State (see Verkooijen , paragraphs 34 and 35; Lenz , paragraphs 20 and 21; and Manninen , paragraphs 22 and 23). | 0 |
865,141 | 132. Consequently, the claims in the Commission’s application seeking a declaration that the Republic of Austria has failed to fulfil its obligations under Directive 2005/36 are in principle admissible, on condition that those obligations are analogous to those arising under Directive 89/48 (see, by analogy, Case C‑416/07 Commission v Greece , paragraph 29). | 29. Consequently, the claims in the Commission’s application for a declaration that the Hellenic Republic has failed to fulfil its obligations under the provisions of Regulation No 1/2005 are, in principle, admissible provided that the obligations under Regulation No 1/2005 are similar to those arising under Directive 91/628. | 1 |
865,142 | 26 Second, it should be borne in mind that the Court has consistently held that the rights which the three indents of Article 6(1) confer on Turkish workers in regard to employment necessarily imply the existence of a right of residence for the person concerned, since otherwise the right of access to the labour market and the right to work as an employed person would be deprived of all effect (Sevince, paragraph 29, Kus, paragraphs 29 and 30, and Bozkurt, paragraph 28). | 28 Where those conditions are satisfied, Article 6(1) of Decision No 1/80, which grants Turkish workers the right, after specified periods of legal employment, to continue working for the same employer or in the same occupation for an employer of his choice, or to enjoy free access to any paid employment of his choice, necessarily implies the existence of a right of residence for the person concerned, since otherwise the right of access to the labour force and the right to work as an employed person would be deprived of all effect (see, to that effect, the judgments in Sevince, cited above, paragraph 29, and Case C-237/91 Kus v Landeshauptstadt Wiesbaden [1992] ECR I-6781, paragraphs 29 and 30). | 1 |
865,143 | 69. In assessing those risks, the referring court must take into consideration, first, the fact that the link between the training of future health professionals and the objective of maintaining a balanced high-quality medical service open to all is only indirect and the causal relationship less well established than in the case of the link between the objective of public health and the activity of health professionals who are already present on the market (see Hartlauer , paragraphs 51 to 53, and Apothekerkammer des Saarlandes and Others , paragraphs 34 to 40). The assessment of such a link will depend inter alia on a prospective analysis which will have to extrapolate on the basis of a number of contingent and uncertain factors and take into account the future development of the health sector concerned, but also depend on an analysis of the situation at the outset, that is to say, as it currently stands. | 35. In this connection, given the power accorded to the Member States to determine the level of protection of public health, it must be accepted that Member States may require that medicinal products be supplied by pharmacists enjoying genuine professional independence. They may also take measures which are capable of eliminating or reducing a risk that that independence will be prejudiced because such prejudice would be liable to affect the degree to which the provision of medicinal products to the public is reliable and of good quality. | 1 |
865,144 | 49 The rest of the case-law referred to by KCH is not decisive. In most of the cases referred to, the penalty is examined in the light of the principle of proportionality rather than the principle `nulla poena sine culpa' (cases cited above, Thyssen v Commission, paragraphs 18 to 22; Schumacher, paragraphs 25 to 31; Cereol Italia, paragraphs 13 to 27; National Farmers' Union and Others, paragraphs 49 to 55; and Molkereigenossenschaft Wiedergeltingen, paragraphs 33 to 45). As for the judgment in Estel v Commission, in paragraphs 38 to 43 of which the Court held that a steel company penalised by the Commission for having exceeded the production quota imposed on it had committed an error which was not excusable and that, accordingly, the Commission had not breached the principle `nulla poena sine culpa', that judgment was delivered in an area far removed from agricultural regulations and without the Court ruling explicitly on whether the penalty in question was of a criminal nature or not. | 194. In addition, as the Advocate General stated at points 305 and 306 of his Opinion, having regard to the need to ensure that Community competition law is complied with, the Court of Justice cannot allow an appellant to reopen the question of the existence of an infringement, on the sole ground that there was a failure to adjudicate within a reasonable time, where all of its pleas directed against the findings made by the Court of First Instance concerning that infringement and the administrative procedure relating to it have been rejected as unfounded. | 0 |
865,145 | 29. In accordance with settled case-law, national provisions which apply to holdings by nationals of the Member State concerned in the capital of a company established in another Member State, giving them definite influence on the company’s decisions and allowing them to determine its activities, come within the scope of the provisions of the Treaty on freedom of establishment (see, to that effect, Case C-231/05 Oy AA [2007] ECR I‑0000, paragraph 20, and Case C‑112 /05 Commission v Germany [2007] ECR I‑0000, paragraph 13). | 28. In support of its second plea, alleging infringement of Article 5(2)(c) of Regulation No 729/70 and breach of the principle of proportionality, the Greek Government argues that, having regard to Annex 2 to Commission Document No VI/5330/97 of 23 December 1997 relating to "Guidelines for the calculation of financial consequences when preparing the decision regarding the clearance of the accounts of EAGGF Guarantee [Section]" ( "Document No VI/5330/97" ), a distinction must be made between the key checks, which are physical and administrative checks relating to the fundamental aspects of applications for export refunds, and the secondary checks, consisting of administrative operations essential for the proper processing of applications. The Commission must not make a financial correction unless a check expressly provided for by the Community legislation or absolutely necessary to ensure the application thereof has not been properly carried out. The fact that a checking procedure is not perfect does not in itself justify the application of a financial correction since all checking systems are capable of improvement. In reality, the Commission must show that there is a significant deficiency in the application of the Community rules and that that deficiency exposes the EAGGF to a genuine risk of losses. That interpretation is borne out by the wording of Article 5(2)(c) of Regulation No 729/70. | 0 |
865,146 | 56. An appellant’s interest in bringing proceedings must be vested and current (see, to that effect, judgments in Commission v Koninklijke FrieslandCampina , C‑519/07 P, EU:C:2009:556, paragraph 65, and Planet v Commission , C‑564/13 P, EU:C:2015:124, paragraph 34). It may not concern a future and hypothetical situation (see, to that effect, judgments in Stroghili v Court of Auditors , 204/85, EU:C:1987:21, paragraph 11, and Cañas v Commission , C‑269/12 P, EU:C:2013:415, paragraphs 16 and 17). | 34 Finally, as regards periods of service prior to 17 May 1990, the date of the Barber judgment, it is sufficient here to say, as will be explained below in reply to the second question, that the Barber judgment excluded application of Article 119 to pension benefits payable in respect of those periods, so that employers and trustees are not required to ensure equal treatment as far as those benefits are concerned. | 0 |
865,147 | 43. The Court has, admittedly, held that disturbing the balance and reciprocity of a bilateral international agreement concluded between a Member State and a non-member country may constitute an objective justification for the refusal by a Member State party to that agreement to extend to nationals of other Member States the advantages which its own nationals derive from that agreement (see, inter alia, Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 60, and Gottardo , paragraph 36). | 11 Furthermore, national legislation, such as that described by the national court, which prescribes a method of calculating retirement pensions which differs according to a worker' s sex is discriminatory for the purposes of Directive 79/7. | 0 |
865,148 | 39. The Austrian Government ' s argument that, in the absence of a mathematically certain method of calculating tolls or user charges, Articles 7(b) of Directive 93/89 and 7(4) of Directive 1999/62 may not be relied upon cannot be accepted. According to the Court ' s settled case-law, discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (see, in particular, Commission v Austria , paragraph 70). That criterion is sufficient to establish whether the prohibition of discrimination laid down in those provisions has been infringed in the case in the main proceedings, by making a comparison of the tolls charged for the various journeys under consideration ( Commission v Austria , paragraphs 79 to 88, 112 and 115). | 141
Nevertheless, in accordance with the Court’s settled case-law, an argument which amplifies a plea made in the application initiating proceedings and is closely linked with it cannot be declared inadmissible (see, to that effect, judgment of 16 July 2015, Commission v Parliament and Council, C‑88/14, EU:C:2015:499, paragraph 13 and the case-law cited). | 0 |
865,149 | 36 Disturbing the balance and reciprocity of a bilateral international convention concluded between a Member State and a non-member country may, it is true, constitute an objective justification for the refusal by a Member State party to that convention to extend to nationals of other Member States the advantages which its own nationals derive from that convention (see, to that effect, Saint-Gobain ZN, cited above, paragraph 60). | 11 Furthermore, national legislation, such as that described by the national court, which prescribes a method of calculating retirement pensions which differs according to a worker' s sex is discriminatory for the purposes of Directive 79/7. | 0 |
865,150 | 20. In that regard, it should be noted that ‘pay’ within the meaning of Article 157(2) TFEU covers pensions which depend on the employment relationship between worker and employer, excluding those deriving from a statutory scheme, to the financing of which workers, employers and possibly the public authorities contribute in a measure determined less by the employment relationship than by considerations of social policy (Joined Cases C‑395/08 and C‑396/08 Bruno and Others [2010] ECR I‑5119, paragraph 41 and the case‑law cited). Accordingly, that concept cannot be extended to encompass social security schemes or benefits – such as retirement pensions – which are directly governed by statute to the exclusion of any element of negotiation within the undertaking or occupational sector concerned and which are obligatorily applicable to general categories of employee (see Case C‑366/99 Griesmar [2001] ECR I‑9383, paragraph 27 and the case‑law cited). | 42. In that regard, it must be borne in mind that, in accordance with the second, third and fourth recitals in the preamble to Directive 91/477, that directive was adopted with the aim of establishing the internal market and the abolition of controls on the safety of objects transported and on persons entails, among other things, the approximation of weapons legislation. | 0 |
865,151 | 60. Next, the Court has also held that that provision falls to be applied independently of whether the periods of residence in question were completed before or after 30 April 2006, for the reason that, since residence periods of five years completed before that date must be taken into account for the purpose of acquisition of the right of permanent residence provided for in Article 16(1) of Directive 2004/38, non-application of Article 16(4) thereof to those periods would mean that the Member States would be required to grant that right of permanent residence even in cases of prolonged absences which call into question the link between the person concerned and the host Member State ( Lassal , paragraph 56). | 19. Under German labour law only duty time (‘Arbeitsbereitschaft’) is, as a general rule, deemed to constitute full working time. Conversely, both on-call time (‘Bereitschaftsdienst’) and stand-by time (‘Rufbereitschaft’) are categorised as rest time, save for the part of the time during which the worker has in fact performed his professional tasks. | 0 |
865,152 | 37 It is settled case-law that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see, in particular, Case C-415/93 Union Royale Belge des Sociétés de Football Association and Others v Bosman and Others [1995] ECR I-4921, paragraph 59; Case C-200/97 Ecotrade v AFS [1998] ECR I-7907, paragraph 25; and Case C-254/98 Schutzverband gegen unlauteren Wettbewerb v TK-Heimdienst Sass [2000] ECR I-151, paragraph 13). | 120. Or, il résulte d’une jurisprudence constante que, dans le cadre d’un pourvoi, un moyen dirigé contre un motif surabondant de l’arrêt attaqué dont le dispositif est fondé à suffisance de droit sur d’autres motifs est inopérant et doit, dès lors, être rejeté (voir, en ce sens, arrêt du 12 novembre 1996, Ojha/Commission, C‑294/95 P, Rec. p. I‑5863, point 52). | 0 |
865,153 | 41. As regards, first, the need to safeguard the allocation of the power to tax between the Member States, that may be capable of justifying a difference in treatment where the system in question is designed to prevent conduct liable to jeopardise the right of a Member State to exercise its powers of taxation in relation to activities carried on in its territory (see, to that effect, Case C-347/04 Rewe Zentralfinanz [2007] ECR I-2647, paragraph 42, and Oy AA , paragraph 54). | 17 It follows from the foregoing that in order to be a "judgment" for the purposes of the Convention the decision must emanate from a judicial body of a Contracting State deciding on its own authority on the issues between the parties. | 0 |
865,154 | 81
On that last point, it must be borne in mind that a difference in treatment is justified if it is based on an objective and reasonable criterion, that is, if the difference relates to a legally permitted aim pursued by the legislation in question, and it is proportionate to the aim pursued by the treatment (see, in particular, judgment of 16 December 2008, Arcelor Atlantique and Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 47 and the case-law cited). | 18 The Court has also held, however, that it emerges from Article 36 that national rules or practices which restrict imports of pharmaceutical products or are capable of doing so are compatible with the Treaty only to the extent to which they are necessary for the effective protection of the health and life of humans . | 0 |
865,155 | 79. The freedom of establishment conferred on nationals of one Member State in the territory of another Member State includes in particular access to and exercise of activities of self-employed persons under the same conditions as are laid down by the law of the Member State of establishment for its own nationals (see, inter alia, Case 270/83 Commission v France [1986] ECR 273, paragraph 13, and, to that effect, Commission v Austria , paragraph 27). In other words, Article 43 EC prohibits the Member States from laying down in their laws conditions for the pursuit of activities by persons exercising their right of establishment there which differ from those laid down for its own nationals ( Commission v Austria , paragraph 28). | 78. In this regard, it must be observed that is for the national court to ascertain the facts which have given rise to the dispute before it and to establish the consequences which they have for the judgment which it is required to deliver (see, inter alia, WWF and Others , C‑435/97, EU:C:1999:418, paragraph 32, and Danosa , C‑232/09, EU:C:2010:674, paragraph 33). | 0 |
865,156 | 51. However, contrary to United States Polo’s claim, the General Court’s finding in paragraph 38 of the judgment under appeal does not show that it disregarded the principles laid down by the Court of Justice in Medion . In that paragraph, far from taking the view that the circumstances of the present case constituted a particular case such as that referred to in paragraph 30 of Medion , the General Court merely pointed out that the element ‘POLO’ had more distinctive character in the word sign applied for, and had an impact on the visual similarity of the signs at issue, when considered overall. | 49. The purpose of the rule that the addressee of an adverse decision must be placed in a position to submit his observations before that decision is adopted is to enable the competent authority effectively to take into account all relevant information. In order to ensure that the person or undertaking concerned is in fact protected, the purpose of that rule is, inter alia, to enable them to correct an error or submit such information relating to their personal circumstances as will argue in favour of the adoption or non-adoption of the decision, or in favour of its having a specific content. | 0 |
865,157 | 33. In addition, the Court has already held that to favour the criterion of being subject to duty in the Member State of origin as opposed to the criterion of classification as a capital company provided for in Article 4(1)(g) of Directive 69/335 is contrary to the requirements of the directive inasmuch as it would allow capital duty to be charged where the Directive does not so envisage (see, to that effect, Case C-178/05 Commission v Greece [2007] ECR I-0000, paragraphs 26 to 30). | 30. The explanatory notes drawn up by the Commission as regards the CN and by the World Customs Organisation as regards the HS are an important aid to the interpretation of the scope of the various tariff headings but do not have legally binding force (Case C‑250/05 Turbon International [2006] ECR I‑10531, paragraph 16; and Case C‑173/08 Kloosterboer Services [2009] ECR I‑5347, paragraph 25). | 0 |
865,158 | 24. Also according to settled case-law, it follows that the concept of " matters relating to a contract" in Article 5(1) of the Brussels Convention is not to be understood as covering a situation in which there is no obligation freely assumed by one party towards another ( Handte , paragraph 15, Réunion européenne and Others , paragraph 17, and Tacconi , paragraph 23, cited above). | 35. To establish whether such a legal relationship exists between a non-resident company and one of its branches so that the supplies made may be subject to VAT, it is necessary to determine whether FCE IT carries out an independent economic activity. It is necessary in that regard to determine whether a branch such as FCE IT may be regarded as being an independent bank, in particular in that it bears the economic risk arising from its business. | 0 |
865,159 | 46. In order to determine whether a difference in tax treatment is discriminatory, it is, however, necessary to consider whether, having regard to the national measure at issue, the companies concerned are in an objectively comparable situation. According to well-established case-law, discrimination is defined as treating differently situations which are identical, or treating in the same way situations which are different (see Case C-279/93 Schumacker [1995] ECR I‑225, paragraph 30, and Case C-311/97 Royal Bank of Scotland [1999] ECR I‑2651, paragraph 26). | 57 Turning to Directive 92/85, it must be noted that Articles 4 and 5 set up an assessment and information procedure in respect of activities liable to involve a risk to safety or health or an effect on workers who are pregnant or breastfeeding. That procedure can lead to the employer making a temporary adjustment in working conditions and/or working hours or, if such an adjustment is not feasible, a move to another job. It is only when such a move is also not feasible that the worker is granted leave in accordance with national legislation or national practice for the whole of the period necessary to protect her safety or health. | 0 |
865,160 | 33
That interpretation is, inter alia, supported by the fact that the lodging of an appeal pursuant to Article 243 of the Customs Code does not, under the first subparagraph of Article 244 of that code, in principle, cause implementation of the disputed decision to be suspended and that such an appeal does not therefore preclude the immediate implementation of that decision (see, to that effect, judgment of 3 July 2014, Kamino International Logistics andDatema Hellmann Worldwide Logistics, C‑129/13 and C‑130/13, EU:C:2014:2041, paragraph 56). | 45. Recital 16 in the preamble to Directive 2000/78 states that the ‘provision of measures to accommodate the needs of disabled people at the workplace plays an important role in combating discrimination on grounds of disability’. The importance which the Community legislature attaches to measures for adapting the workplace to the disability demonstrates that it envisaged situations in which participation in professional life is hindered over a long period of time. In order for the limitation to fall within the concept of ‘disability’, it must therefore be probable that it will last for a long time. | 0 |
865,161 | 43 As the Court noted in paragraph 34 of Mannesmann Anlagenbau Austria (cited above), the principle of legal certainty requires that the Community rules be clear and their application foreseeable for all those concerned. As a result of that requirement, and of those pertaining to the protection of the interests of tenderers, it is necessary for a body which on the date of the commencement of the procurement procedure constitutes a contracting authority for the purposes of Directives 92/50, 93/36 and 93/37 to remain, as far as that procurement is concerned, subject to the requirements of those directives until the relevant procedure has been completed. | 8. Il convient cependant de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 novembre 2006, Commission/Luxembourg, C‑32/05, Rec. p. I‑11323, point 22, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | 0 |
865,162 | 25. The Court has already declared, as regards the applicability ratione temporis of that directive that new rules apply, unless otherwise specifically provided, immediately to the future effects of a situation which arose under the old rule. Thus the Court concluded that the calculation of the period of service required to qualify for a retirement pension is governed by Directive 97/81, including periods of employment before the directive entered into force (Joined Cases C‑395/08 and C‑396/08 Bruno and Others [2010] ECR I‑5119, paragraphs 53 to 55). | 111. It must be emphasised at the outset that any taking into account by OHIM of that additional evidence is in no way a ‘favour’ granted to one party or the other, but rather must result from an objective, reasoned exercise of the discretion conferred on OHIM by Article 76(2). | 0 |
865,163 | 39. With regard, second, to the power of veto contained in Article 2(1)(c) of Decree-Law No 332/1994, that power clearly relates to decisions within the scope of the management of the company and therefore concerns only those shareholders capable of exerting a definite influence on the companies concerned, with the result that the criteria applying to the exercise of that power must be examined in the light of Article 43 EC. Moreover, even if the effects of those criteria are restrictive of the free movement of capital, those effects would be the unavoidable consequence of any restriction on freedom of establishment and would not warrant independent examination in the light of Article 56 EC ( Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 33). Consequently, the criteria applying to the exercise of the power of veto must be examined solely from the point of view of Article 43 EC.
The criteria set out in Article 1(2) of the Decree of 2004 as they relate to the exercise of powers of opposition
– Failure to fulfil obligations under Article 56 EC | 29 At the present stage of development of Community law, it is difficult to avoid the continued existence, for the time being and, doubtless, so long as harmonization of the measures necessary to ensure the protection of health is not more complete, of differences in the classification of products as between Member States. | 0 |
865,164 | 29. The Court notes that the Fourth Directive is intended to ensure the coordination of national provisions on the structure and content of annual accounts and reports and methods of valuation, for the purposes of protecting members and third parties. To that end, according to the third recital in its preamble, it is designed only to establish minimum conditions as to the extent of the financial information to be made available to the public ( BIAO , paragraph 69). | 54. One of those fundamental rights of the child is the right, set out in Article 24(3) of the Charter, to maintain on a regular basis a personal relationship and direct contact with both parents, respect for that right undeniably merging into the best interests of any child. | 0 |
865,165 | 74. It should be noted at the outset that, according to settled case-law, in the context of the cooperation between the Court of Justice and 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 and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see, inter alia, Case C-415/93 Bosman [1995] ECR I-4921, paragraph 59; PreussenElektra , paragraph 38; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 18; Case C-153/00 Der Weduwe [2002] ECR I-11319, paragraph 31, and Case C-318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I-905, paragraph 40). | 20 A leg to which a piece of back remains attached must therefore be described as a leg, within the meaning of tariff subheadings 02.02 B II e) 3 of the old nomenclature and 0207 41 51 000 of the new, if that piece of back is not sufficiently large to give the product its essential character. | 0 |
865,166 | 23. Regulation No 1046/2001 makes no express reference to the law of the Member States for the purpose of determining the meaning and scope of the term ‘batch’. It is an independent concept of Community law, the interpretation of which must take into account the context of Article 4(3) of Regulation No 1046/2001 and the purpose of that regulation (see, to that effect, Cases 327/82 Ekro [1984] ECR 107, paragraph 11; C-287/98 Linster [2000] ECR I‑6917, paragraph 43, and C-373/00 Adolf Truley [2003] ECR I‑1931, paragraph 35). | 131. While the General Court, in making that assessment, had to determine the content of that statement, and was thus able to find that the intention had been to effect that transfer of liability, it was not for it to judge the lawfulness of the transfer, and if it did it would be ruling ultra petita . | 0 |
865,167 | 16 In this respect, it should be pointed out that, according to settled case-law, 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, in particular, Case C-316/96 Commission v Italy [1997] ECR I-7231, paragraph 14). | 14 As regards Directive 93/53, it should be pointed 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 Case C-60/96 Commission v France [1997] ECR I-0000, paragraph 15). | 1 |
865,168 | 36. As regards, secondly, the depreciation scale, as stated in paragraph 30 of this judgment, the depreciation of a vehicle starts as soon as it is purchased or put into use. Moreover, the Court has held that the charging on imported second-hand vehicles of a registration tax for which the basis of assessment is at least 90% of the value of the vehicle when new constitutes generally manifest overtaxation of those vehicles in comparison with the residual registration tax in the case of previously-registered second-hand cars bought on the national market, whatever their age or condition (see, to that effect, Commission v Denmark , paragraph 20). | 16 THIS PROVISION MERELY CONFERS UPON THE BOARD OF DIRECTORS OF THE BANK POWERS ANALOGOUS TO THOSE CONFERRED UPON THE COMMISSION BY ARTICLE 169 AND RENDERS MEASURES ADOPTED BY THE BOARD OF GOVERNORS AND THOSE ADOPTED BY THE BOARD OF DIRECTORS SUBJECT TO THE SAME JURISDICTION OF THE COURT OF JUSTICE AS THAT CONFERRED BY ARTICLE 173 WITH REGARD TO THE MEASURES OF THE COUNCIL AND OF THE COMMISSION .
| 0 |
865,169 | 78. In that regard, it is clear from paragraphs 49 to 52 of Commission v Belgium , first, that the system examined in that judgment was one of ex post facto opposition, which is less restrictive than a system of prior approval such as that in the present case (see, to that effect, Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99 Reisch and Others [2002] ECR I-2157, paragraph 37). Furthermore, a feature of the Belgian system was that it listed specifically the strategic assets concerned and the management decisions which could be challenged in any given case. Finally, any intervention by the administrative authorities was strictly limited to cases in which the objectives of the energy policy were jeopardised. Any decision taken in that context had to be supported by a formal statement of reasons and was subject to an effective review by the courts. | 33 THUS IT IS APPARENT FROM THE FOREGOING THAT CONSIDERATION OF REGULATION NO 1162/76 , IN THE LIGHT OF THE DOUBTS EXPRESSED BY THE VERWALTUNGSGERICHT , HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT THE VALIDITY OF THAT REGULATION ON ACCOUNT OF ITS BEING CONTRARY TO THE REQUIREMENTS FLOWING FROM THE PROTECTION OF FUNDAMENTAL RIGHTS IN THE COMMUNITY .
| 0 |
865,170 | 23. À cet égard, la Cour a déjà jugé que les règles de compétences spéciales, telles que celle prévue à l’article 5, point 1, sous a), du règlement n° 44/2001, sont d’interprétation stricte (arrêt ÖFAB, précité, point 31), et que les termes «matière contractuelle», figurant à cette disposition ne sauraient être compris comme visant une situation dans laquelle il n’existe aucun engagement librement assumé d’une partie envers une autre (voir arrêts du 17 juin 1992, Handte, C‑26/91, Rec. p. I‑3967, point 15; du 27 octobre 1998, Réunion européenne e.a., C‑51/97, Rec. p. I‑6511, point 17; du 17 septembre 2002, Tacconi, C‑334/00, Rec. p. I‑7357, point 23; du 5 février 2004, Frahuil, C‑265/02, Rec. p. I‑1543, point 24; du 20 janvier 2005, Engler, C‑27/02, Rec. p. I-481, point 50, et ÖFAB, précité, point 33). | 23 Accordingly, it should be stated in reply to the first question that an article is to be considered to be imported unassembled or disassembled where the component parts, that is the parts which may be identified as components intended to make up the finished product, are all presented for customs clearance at the same time, and no account is to be taken in that regard of the assembly technique or the complexity of the assembly method.
Questions 2 and 3 | 0 |
865,171 | 37. However, Article 58 of Regulation No 1408/71, as indeed all the provisions of that regulation, must be interpreted in the light of Article 42 EC (see, to that effect, Case C-406/93 Reichling [1994] ECR I-4061, paragraph 21, and Case C‑251/94 Lafuente Nieto [1996] ECR I-4187, paragraphs 33 and 38). | 83. According to equally well-established case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the overall structure of the system of which they form part (see, to that effect, inter alia, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , paragraph 42, and Portugal v Commission , paragraph 52). | 0 |
865,172 | 61. It should be recalled, at the outset, that Article 255(1) and (2) EC provides that any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, are to have a right of access to the documents of the institutions of the European Union, subject to the principles and conditions defined in accordance with the procedure laid down in Article 251 EC. Regulation No 1049/2001 is designed to confer on the public as wide a right of access as possible to documents of the institutions. It is also apparent from that regulation, in particular from Article 4 thereof, which lays down exceptions in that regard, that the right of access is nevertheless subject to certain limits based on reasons of public or private interest (see Commission v Technische Glaswerke Ilmenau , paragraph 51; Joined Cases C‑514/07 P, C‑528/07 P and C‑532/07 P Sweden and Others v API and Commission [2010] ECR I‑8533, paragraphs 69 and 70; Commission v Éditions Odile Jacob , paragraph 111; Commission v Agrofert Holding , paragraph 53; and Case C‑514/11 LPN and Finland v Commission [2013] ECR, paragraph 40). | 23. The contested decision does not refer to Article 34 EU and the citations in its preamble expressly cite Article 26(1)(a) of the Europol Decision and Articles 5 and 6 of Decision 2009/934. | 0 |
865,173 | 48. The abovementioned adjustment scheme therefore also differs from other schemes on which the Court has ruled, which concerned adjustments granted by reason of the materialisation of one of the risks listed in Article 3(1) of Directive 79/7 and in relation to which the Court held that that fact alone was not sufficient to bring the basic benefit to which those adjustments related, and which did not cover such a risk, within the scope of Directive 79/7 (see, to that effect, Jackson and Cresswell , paragraph 19). | 19 Indeed, in the judgment in Smithson (cited above) the Court held with regard to a housing benefit that the fact that some of the risks listed in Article 3(1) of Directive 79/7 were taken into account in order to grant a higher benefit was not sufficient to bring that benefit as such within the scope of the directive. | 1 |
865,174 | 22
Such a plea of inadmissibility must be rejected. Even if the question raised is materially identical to a question which has already been the subject of a preliminary ruling in a similar case, that fact in no way prohibits a national court from referring a question to the Court for a preliminary ruling and does not result in the inadmissibility of the question raised (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, paragraphs 13 and 15; 2 April 2009, Pedro IV Servicios, C‑260/07, EU:C:2009:215, paragraph 31, and 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13 to C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 49). | 38. As the market in tobacco products is one in which trade between Member States represents a relatively large part (see British American Tobacco (Investments) and Imperial Tobacco , paragraph 64), those prohibitions of marketing contributed to a heterogeneous development of that market and were therefore such as to constitute obstacles to the free movement of goods. | 0 |
865,175 | 37 It is also clear from the mechanism introduced by Regulation No 1546/88 that, whilst the Member State is required to pay over the amounts collected by it to the Commission, it is not itself liable to pay the supplementary levy. The Community rules on the supplementary levy do not provide for the Member State to be substituted for the purchaser as the person liable where that purchaser has recourse to remedies under the applicable national procedures in order to resist payment of the amounts claimed from him in respect of the supplementary levy. Such substitution of the Member State for the purchaser as the person liable to pay, even for a period co-terminous with the proceedings before courts, presupposes the existence of a legal basis laying down the conditions for such substitution (see, to that effect, Case C-352/92 Milchwerke Köln v Wuppertal [1994] ECR I-3385, paragraph 22). In this case, there is no such legal basis. | 53. It should be borne in mind, first, that evidence of identity and nationality may be provided by other means (see paragraph 25 of this judgment) and, second, that where it is not specified which means of evidence are admissible for the person concerned to establish that he comes within one of the categories referred to in Articles 1 and 4 of Directive 73/148, it must be concluded that evidence may be adduced by any appropriate means (see, to that effect, Case C-363/89 Roux [1991] ECR I‑273, paragraphs 15 and 16). | 0 |
865,176 | 66 It should be observed that it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict for any person concerned the opportunity of relying upon the provisions thus interpreted with a view to calling in question legal relationships established in good faith. As the Court has consistently held, such a restriction may be allowed only in the actual judgment ruling upon the interpretation sought. In determining whether or not to limit the temporal effect of a judgment it is necessary to bear in mind that although the practical consequences of any judicial decision must be weighed carefully, the Court cannot go so far as to diminish the objectivity of the law and compromise its future application on the ground of the possible repercussions which might result, as regards the past, from a judicial decision (judgments in Case 24/86 Blaizot v University of Liège and Others [1988] ECR 379, paragraphs 28 and 30, and Case C-163/90 Administration des Douanes et Droits Indirects v Legros and Others [1992] ECR I-4625, paragraph 30). | 81. That argument cannot be upheld. | 0 |
865,177 | 41. In those circumstances, it is sufficient for the Commission to prove that the subsidiary is wholly owned by the parent company in order to presume that the parent company exercises a decisive influence over the commercial policy of the subsidiary. The Commission will then be able to regard the parent company as jointly and severally liable for the payment of the fine imposed on its subsidiary, unless the parent company, which has the burden of rebutting that presumption, adduces sufficient evidence to show that its subsidiary acts independently on the market (see Case C‑286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 29; Akzo Nobel and Others v Commission , paragraph 61; General Química and Others v Commission , paragraph 40; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 98). | 40. In those circumstances, it is sufficient for the Commission to prove that the subsidiary is wholly owned by the parent company in order to assume that the parent exercises a decisive influence over the commercial policy of the subsidiary. The Commission will then be able to regard the parent company as jointly and severally liable for the payment of the fine imposed on its subsidiary, unless the parent company, which has the burden of rebutting that presumption, adduces sufficient evidence to show that its subsidiary acts independently on the market (see Stora Kopparbergs Bergslags v Commission , paragraph 29, and Akzo Nobel and Others v Commission , paragraph 61). | 1 |
865,178 | 51. However, in the context of a request for a preliminary ruling, it is for the national court to elucidate the factual and legislative context of the dispute in the main proceedings (see order in Case C‑116/00 Laguillaumie [2000] ECR I‑4979, paragraph 23). It is not for the Court to identify the provisions of national law relevant for the purposes of the dispute, to give a ruling on their interpretation or to decide whether the interpretation given by the national court of those provisions is correct (see, to that effect, Joined Cases C‑378/07 to C‑380/07 Angelidaki and Others [2009] ECR I‑3071, paragraph 48). | 49. As is apparent from the preamble to Regulation No 2238/2000, amending the basic regulation, the rules laid down in Article 2(7) of the basic regulation and applicable to imports from non-market economy countries which are members of the WTO are based on the emergence, in those countries, following the economic reforms adopted, of firms for which market-economy conditions prevail. | 0 |
865,179 | 36
As regards tax periods which have not yet been definitively closed, it must be recalled that, according to settled case-law, a directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against that individual (see, inter alia, judgment of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraph 30 and the case-law cited). Thus, national authorities cannot rely on Article 132(1)(f) of Directive 2006/112, as interpreted in paragraph 32 above, in order to withhold that exemption from IGPs made up of entities such as insurance companies and, therefore, in order to refuse to exempt the supply of services by those IGPs from VAT. | 24 In those circumstances, the application to the producers covered by Article 3a of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, is more than double the highest total of such rates, must be regarded as a restriction which specifically affects the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion . | 0 |
865,180 | 123. It should be noted, however, that the question whether — and, if so, to what extent — the restriction of the territorial scope of the legislation at issue in the main proceedings is apparent from the wording of that legislation pertains to the interpretation of that legislation and accordingly falls under the exclusive jurisdiction of the national courts (see, to that effect, inter alia, ČEZ , C‑115/08, EU:C:2009:660, paragraph 57 and the case-law cited). | 29. On the other hand, Ms Czop cannot derive a right of residence from the sole fact that she is the primary carer of her son Lukasz Czop, who entered the educational system in the United Kingdom in 2006. | 0 |
865,181 | 69. Although in Case C-112/01 SPKR [2002] ECR I‑10655, paragraph 40, the Court held that non-compliance with the 11-month time-limit does not by itself prevent recovery of the customs debt from the principal, it also stated, at paragraph 34 of the same judgment, that that time-limit is directed at administrative authorities and has as its objective to ensure diligent uniform application, by those authorities, of the provisions relating to the recovery of customs debts in order to secure rapid availability of the Community’s own resources. Accordingly, compliance with the 11-month time-limit, although it does not have any effect on whether the customs debt is owed, is nevertheless mandatory for the Member States in respect of their Community obligations relating to the making available of Community own resources. | 66
Firstly, an aid, in the strict sense, may not substantially affect trade between Member States and thus be deemed admissible, but could have its disruptive effect exacerbated by a method of financing that would make the whole incompatible with the internal market. Furthermore, where a tax specifically intended to finance aid proves to be contrary to other provisions of the Treaty, the Commission cannot declare the aid scheme of which the charge forms part to be compatible with the internal market (see, to that effect, judgment of 21 October 2003, van Calster and Others, C‑261/01 and C‑262/01, EU:C:2003:571, paragraphs 47 and 48 and the case-law cited). | 0 |
865,182 | 46. It should be noted at the outset that, according to consistent case‑law, Article 56(1) EC generally prohibits restrictions on movements of capital between Member States (see, inter alia, Joined Cases C‑282/04 and C‑283/04 Commission v Netherlands [2006] ECR I‑9141, paragraph 18 and the case-law cited; Case C‑112/05 Commission v Germany , paragraph 17; Case C‑171/08 Commission v Portugal , paragraph 48; and Case C‑543/08 Commission v Portugal , paragraph 45). | 78 It then found that the assumption underlying that approach was that the employer commits himself, albeit unilaterally, to pay his employees defined benefits or to grant them specific advantages and that the employees in turn expect the employer to pay them those benefits or provide them with those advantages. Anything that is not a consequence of that commitment and does not therefore come within the corresponding expectations of the employees falls outside the concept of pay (paragraph 29). | 0 |
865,183 | 36. The obligation of transparency to be complied with by public authorities concluding service concession contracts consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to allow the service concession to be opened up to competition and the impartiality of the award procedures to be reviewed (see Telaustria and Telefonadress , paragraphs 60 to 62; Parking Brixen , paragraphs 46 to 49; and ANAV , paragraph 21). | 38 FURTHERMORE THE PARLIAMENT IS AUTHORIZED , PURSUANT TO THE POWER TO DETERMINE ITS OWN INTERNAL ORGANIZATION GIVEN TO IT BY ARTICLE 25 OF THE ECSC TREATY , ARTICLE 142 OF THE EEC TREATY AND ARTICLE 112 OF THE EAEC TREATY , TO ADOPT APPROPRIATE MEASURES TO ENSURE THE DUE FUNCTIONING AND CONDUCT OF ITS PROCEEDINGS . HOWEVER , IN ACCORDANCE WITH THE ABOVE-MENTIONED MUTUAL DUTIES OF SINCERE COOPERATION , THE DECISIONS OF THE PARLIAMENT IN TURN MUST HAVE REGARD TO THE POWER OF THE GOVERNMENTS OF THE MEMBER STATES TO DETERMINE THE SEAT OF THE INSTITUTIONS AND TO THE PROVISIONAL DECISIONS TAKEN IN THE MEANTIME .
| 0 |
865,184 | 38
Moreover, under Article 23(5) of that regulation, agreements on jurisdiction have no legal force if they are contrary to Article 13. It follows from those provisions that that regulation establishes a system in which derogations from the jurisdictional rules in matters of insurance must be interpreted strictly (see, by analogy, judgment of 12 May 2005, Société financière et industrielle du Peloux, C‑112/03, EU:C:2005:280, paragraph 31). | 22 That being so, it need merely be held that a trader is not entitled to expect that, when he has benefited from decisions of a national authority that do not comply with a clear and unequivocal rule of Community law, the same authority will adopt a further decision in breach of Community law. | 0 |
865,185 | 179. In those circumstances, the economic and legal context of the coordination concerned includes, as the appellants, RBS and LBG maintain, the two-sided nature of MasterCard’s open payment system, particularly since it is undisputed that there is interaction between the two sides of that system (see, by analogy, judgments in Delimitis , EU:C:1991:91, paragraphs 17 to 23, and Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 42). | 55
The second paragraph of Article 47 of the Charter provides that everyone is entitled to a hearing by an independent and impartial tribunal. Compliance with that right assumes that a decision of an administrative authority that does not itself satisfy the conditions of independence and impartiality must be subject to subsequent control by a judicial body that must, in particular, have jurisdiction to consider all the relevant issues. | 0 |
865,186 | 34
Furthermore, the fact that an economic sector, such as the energy sector, has been the subject of liberalisation at EU level may serve to determine that the aid in question has a real or potential effect on competition and affects trade between the Member States (see, to that effect, judgments of 10 January 2006, Cassadi Risparmio di Firenze and Others, C‑222/04, EU:C:2006:8, paragraph 142, and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraph 51). | 22 THE SYSTEM ADOPTED FOR THE RELATIONS BETWEEN THE BANK AND ITS EMPLOYEES IS THUS CONTRACTUAL AND IS ACCORDINGLY FOUNDED ON THE PRINCIPLE THAT INDIVIDUAL CONTRACTS CONCLUDED BETWEEN THE BANK AND EACH OF ITS EMPLOYEES CONSTITUTE THE OUTCOME OF AN AGREEMENT RESTING ON MUTUAL CONSENT .
| 0 |
865,187 | 22. In this respect, according to the case‑law of the Court, the rules relating to the existence and the operation of a monopoly must be examined in the light of the provisions of Article 37 TFEU, which are specifically applicable to the exercise, by a domestic commercial monopoly, of its exclusive rights (see, inter alia, Case C‑189/95 Franzén [1997] ECR I‑5909, paragraph 35, and Case C‑170/04 Rosengren and Others [2007] ECR I‑4071, paragraph 17). | Par ailleurs, la Cour a itérativement jugé que, si un acte de portée générale fait ressortir l’essentiel de l’objectif poursuivi
par l’institution, il serait excessif d’exiger une motivation spécifique pour les différents choix techniques opérés (voir,
notamment, arrêts Espagne/Conseil, C‑284/94, EU:C:1998:548, point 30, Espagne/Conseil, C‑310/04, EU:C:2006:521, point 59,
ainsi que Estonie/Parlement et Conseil, C‑508/13, EU:C:2015:403, point 60). | 0 |
865,188 | 23 In order to determine whether a body making a reference is a court or tribunal for the purposes of Article 177 of the Treaty, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, the judgments in Case 61/65 Vaassen (neé Göbbels) [1966] ECR 261; Case 14/86 Pretore di Salò v Persons unkown [1987] ECR 2545, paragraph 7; Case 109/88 Danfoss [1989] ECR 3199, paragraphs 7 and 8; Case C-393/92 Almelo and Others [1994] ECR I-1477; and Case C-111/94 Job Centre [1995] ECR I-3361, paragraph 9). | 8 As regards the admissibility of the claim for annulment, the Court observes that the European Economic Community is based on the rule of law, inasmuch as neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty, which established a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions (see Case 294/83 Les Verts v European Parliament [1986] ECR 1339, paragraph 23, Case 314/85 Foto-Frost [1987] ECR 4199, paragraph 16, Case C-2/88 Imm. Zwartfeld and Others [1990] ECR I-3365, paragraph 16, and Opinion 1/91 [1991] ECR I-6079, paragraph 21). | 0 |
865,189 | 18 It follows that the owner of a trade mark protected by the legislation of a Member State cannot rely on that legislation in order to oppose the importation or marketing of a product which was put on the market in another Member State by him or with his consent (see, in particular, Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11; HAG II, paragraph 12; and IHT Internationale Heiztechnik, paragraphs 33 and 34). | 59. En outre, le FEOGA ne finançant que les interventions effectuées conformément aux dispositions de l’Union dans le cadre de l’organisation commune des marchés agricoles (arrêts Espagne/Commission, C‑349/97, EU:C:2003:251, point 45, et Grèce/Commission, C‑300/02, EU:C:2005:103, point 32), le renversement de la charge de la preuve garantit que tout financement du FEOGA soit subordonné à la preuve effective d’une telle conformité. | 0 |
865,190 | 54. In its assessment of those two conditions, the Commission is required, not to establish that the aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition (Case C-372/97 Italy v Commission [2004] ECR I-3679, paragraph 44). | 46. However, such a fact is not sufficient to make Community legislation which has not been properly published in the Official Journal of the European Union enforceable against an individual. | 0 |
865,191 | 31. The Court has likewise acknowledged that the objective of maintaining on grounds of public health a balanced medical and hospital service open to all may also fall within one of the derogations, on grounds of public health, provided for in Article 46 EC in so far as it contributes to the attainment of a high level of health protection ( Kohll , paragraph 50; Smits and Peerbooms , paragraph 73; and Müller-Fauré and van Riet , paragraph 67). | 86 However, it is settled case-law that amendments to national legislation are irrelevant for the purposes of giving judgment on the subject-matter of an action for failure to fulfil obligations if they have not been implemented before the expiry of the period set by the reasoned opinion (see, in particular, Case C-123/94 Commission v Greece [1995] ECR I-1457, paragraph 7). | 0 |
865,192 | 95. In so far as concerns the second part of the third ground of appeal, the Court points out that, in the context of the review of legality provided for in Article 263 TFEU, the General Court cannot substitute its own reasoning for that of the author of the contested act and cannot fill, by means of its own reasoning, a gap in the reasoning in that act in such a way that its examination does not relate to any assessment carried out in that act (see, to that effect, Case C‑73/11 P Frucona Košice v Commission [2013] ECR I‑0000, paragraphs 87 to 90 and the case‑law cited). | 41 The reputation of a mark, where it is demonstrated, is thus an element which, amongst others, may have a certain importance. To this end, it may be observed that marks with a highly distinctive character, in particular because of their reputation, enjoy broader protection than marks with a less distinctive character (Canon, paragraph 18). Nevertheless, the reputation of a mark does not give grounds for presuming the existence of a likelihood of confusion simply because of the existence of a likelihood of association in the strict sense. | 0 |
865,193 | 69 In order to satisfy the condition that trade between Member States must be affected, it is not necessary that the conduct in question should in fact have substantially affected that trade. It is sufficient to establish that the conduct is capable of having such an effect (judgments in Case 322/81 Michelin v Commission, cited above, paragraph 104, and in Case C-41/90 Hoefner and Elser v Macrotron [1991] ECR I-1979, paragraph 32). | 30. Therefore, ‘award criteria’ do not include criteria that are not aimed at identifying the tender which is economically the most advantageous, but are instead essentially linked to the evaluation of the tenderers’ ability to perform the contract in question. | 0 |
865,194 | 93. It should be noted that the elements which characterise different situations, and their comparability, must in particular be determined and assessed in the light of the subject-matter and purpose of the European Union act which makes the distinction in question (see, by analogy, Case C-127/07 Arcelor Atlantique et Lorraine and Others [2008] ECR I‑9895, paragraph 26, and Case C-356/09 Kleist [2010] ECR I‑0000, paragraph 34). | 40. A tax such as that imposed by the Law on registration duty is not levied by reason of a vehicle crossing the frontier of the Member State imposing that tax but upon first registration of the vehicle in the territory of that State for the purpose of being placed in circulation. | 0 |
865,195 | 52. In particular, the provisions of national law adopted in that connection must not constitute an unjustified obstacle to the effective exercise of the fundamental freedoms guaranteed by Article 45 TFEU (see judgments in Kraus , C‑19/92, EU:C:1993:125, paragraph 28, and Peśla , C‑345/08, EU:C:2009:771, paragraph 35). | 28 On that point, it must however be stressed that Community law sets limits to the exercise of those powers by the Member States in so far as provisions of national law adopted in that connection must not constitute an obstacle to the effective exercise of the fundamental freedoms guaranteed by Articles 48 and 52 of the Treaty (see, to that effect, the judgment in Case 222/86 UNECTEF v Heylens and Others [1987] ECR 4097, paragraph 11). | 1 |
865,196 | 78. It follows from that provision that, where the objectives of Directive 85/337, including that of supplying information, are achieved through a legislative process, that directive does not apply to the project in question (see Case C-287/98 Linster [2000] ECR I-6917, paragraph 51; Joined Cases C-128/09 to C-131/09, C-134/09 and C-135/09 Boxus and Others [2011] ECR I-9711, paragraph 36; and Case C-182/10 Solvay and Others [2012] ECR, paragraph 30). | 38. Il découle également de la même disposition que le Tribunal est appelé à apprécier la légalité de la décision de la chambre de recours de l’OHMI en contrôlant l’application du droit communautaire effectuée par celle-ci eu égard, notamment, aux éléments de fait qui ont été soumis à ladite chambre (voir, en ce sens, arrêts du 18 juillet 2006, Rossi/OHMI, C‑214/05 P, Rec. p. I‑7057, point 50; OHMI/Kaul, précité, point 54, et du 26 avril 2007, Alcon/OHMI, C‑412/05 P, non encore publié au Recueil, point 44). | 0 |
865,197 | 54. D’emblée, il convient de rappeler que la procédure négociée revêt un caractère exceptionnel, l’article 6, paragraphes 2 et 3, de la directive 93/36 énumérant limitativement et expressément les seules exceptions pour lesquelles le recours à la procédure négociée est permis (arrêt du 8 avril 2008, Commission/Italie, C‑337/05, Rec. p. I‑2173, point 56 et jurisprudence citée). | 23. S’agissant de la libre prestation des services, il convient de constater que la LIS, même si l’interprétation de celle-ci défendue par le Royaume d’Espagne était retenue, soumet à un régime fiscal différent les dépenses afférentes à des activités de R & D‑IT réalisées par des sous-traitants selon qu’elles sont exécutées en Espagne ou à l’étranger. Une telle législation instaure donc une différence de traitement fondée sur le lieu d’exécution de la prestation de services et constitue une restriction au sens de l’article 49 CE (voir, en ce sens, arrêts du 28 octobre 1999, Vestergaard, C‑55/98, Rec. p. I‑7641, point 21, ainsi que Laboratoires Fournier, précité, points 15 et 16). | 0 |
865,198 | 35. However, the Court must examine the circumstances in which cases are referred to it by the national court in order to assess whether it has jurisdiction. The spirit of cooperation which must prevail in the preliminary-ruling procedure requires the national court, for its part, to have regard to the function entrusted to the Court, which is to assist in the administration of justice in the Member States and not to deliver advisory opinions on general or hypothetical questions (see judgment in Kamberaj , EU:C:2012:233, paragraph 41 and the case-law cited, and order in Dél-Zempléni Nektár Leader Nonprofit , EU:C:2014:40, paragraph 40). | 75 Finally, the marks which may be refused registration on the grounds listed in Article 3(1)(b), (c) or (d) of the Directive may under Article 3(3) acquire a distinctive character through the use made of them. However, a sign which is refused registration under Article 3(1)(e) of the Directive can never acquire a distinctive character for the purposes of Article 3(3) by the use made of it. | 0 |
865,199 | 50
The link of integration arises, in particular, from the fact that migrant workers contribute to the financing of the social policies of the host Member State through the taxes and social contributions which they pay in that State by virtue of their employment there. They must, therefore, be able to benefit from them under the same conditions as national workers (see, to that effect, judgments of 14 June 2012, Commission v Netherlands, C‑542/09, EU:C:2012:346, paragraph 66, and 20 June 2013, Giersch and Others, C‑20/12, EU:C:2013:411, paragraph 63). | 57. It follows from the foregoing that the rules laid down by the Sixth Directive in respect of adjustment are intended to enhance the precision of deductions so as to ensure the neutrality of VAT, with the result that transactions effected at an earlier stage continue to give rise to the right to deduct only to the extent that they are used to make supplies subject to VAT. By those rules, that directive is thus intended to establish a close and direct relationship between the right to deduct input VAT and the use of the goods and services concerned for taxable transactions. | 0 |
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