Unnamed: 0
int64 0
869k
| 0
stringlengths 36
32.8k
⌀ | 1
stringlengths 8
29.9k
| 2
int64 0
1
|
|---|---|---|---|
865,200 | 26 With regard, first, to the persons covered by Article 39(1) of the Agreement, it should be noted that the provision applies first and foremost to workers of Algerian nationality, a concept to be understood in the broad sense. In accordance with the case-law on the identical provision in the Cooperation Agreement between the EEC and Morocco (see Kziber, cited above, paragraph 27, and Yousfi, cited above, paragraph 21), which is consequently applicable by analogy in this case, the term "workers" must be understood as encompassing both active workers and those who have left the labour market after reaching the age required for receipt of an old-age pension or after becoming the victims of the materialization of one of the risks conferring entitlement to allowances under other social security branches. | 39. That argument must be applied to a body governed by public law which acts as a public authority at the time when it purchases capital goods. Since that body did not at that time act as a taxable person it does not have, in the same way as an individual acting in furtherance of his own needs, any right to deduct the VAT paid by it in respect of those goods. | 0 |
865,201 | 69. Whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to this effect, judgments in Lenz , C‑315/02, EU:C:2004:446, paragraphs 20 to 49; Manninen , C‑319/02, EU:C:2004:484, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , EU:C:2006:774, paragraph 46). | 40 An undertaking which has a legal monopoly in a substantial part of the common market may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty (see the judgments in Case C-41/90 Hoefner and Elser v Macrotron [1991] ECR I-1979, paragraph 28; Case C-260/89 ERT v DEP and Kouvelas [1991] ECR I-2925, paragraph 31; and Merci Convenzionali Porto di Genova, cited above, paragraph 14). | 0 |
865,202 | 65. According to the settled case-law of the Court, in the context of competition law the term ‘undertaking’ must be understood as designating an economic unit even if in law that economic unit consists of several natural or legal persons (see, in particular, judgments in Hydrotherm Gerätebau , 170/83, EU:C:1984:271, paragraph 11, and Arkema v Commission , C‑520/09 P, EU:C:2011:619, paragraph 37). | 52. Under that scheme, the manufacturer may place products bearing the "CE" marking on the market without being obliged to subject them to a prior authorisation procedure. | 0 |
865,203 | 22. The abovementioned national provisions are thus capable of hindering intra-Community trade and therefore constitute a measure having an effect equivalent to a quantitative restriction prohibited by Article 28 EC (see Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C-383/97 Van der Laan [1999] ECR I-731, paragraph 18). | 23QUE , DANS CES CONDITIONS , PERMETTRE A L ' ETAT MEMBRE DESTINATAIRE D ' UNE DECISION PRISE EN VERTU DE L ' ARTICLE 93 , PARAGRAPHE 2 , ALINEA 1 , DE REMETTRE EN CAUSE LA VALIDITE DE CELLE-CI , A L ' OCCASION DU RECOURS VISE A L ' ALINEA 2 DE CETTE MEME DISPOSITION , NONOBSTANT L ' EXPIRATION DU DELAI PREVU A L ' ARTICLE 173 , ALINEA 3 , DU TRAITE , SERAIT INCONCILIABLE AVEC LES PRINCIPES REGISSANT LES VOIES DE RECOURS INSTITUEES PAR LE TRAITE , ET PORTERAIT ATTEINTE A LA STABILITE DE CE SYSTEME AINSI QU ' AU PRINCIPE DE LA SECURITE JURIDIQUE DONT CELUI-CI S ' INSPIRE ; | 0 |
865,204 | 52. In that assessment, account must be taken of the fundamental rights whose observance the Court ensures, in so far as reasons of public interest may be relied on to justify a national measure which is liable to obstruct the exercise of freedom of movement for persons only if the measure in question takes account of such rights (see, inter alia, Orfanopoulos and Oliveri , paragraphs 97 to 99), in particular the right to respect for private and family life as set forth in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (see, inter alia, Case C‑400/10 PPU McB [2010] ECR I‑0000, paragraph 53, and Eur. Court H.R., Maslov v. Austria [GC], no. 1638/03, § 61 et seq., 23 June 2008). | 9. 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 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 26 novembre 2009, Commission/Grèce, C‑211/09, point 7). | 0 |
865,205 | 41. In that regard, it must be accepted that, as the Court has already held, the prospect of receiving training fees is likely to encourage football clubs to seek new talent and train young players (see Bosman , paragraph 108). | 87. Moreover, while Mrs Gilly obtained in her State of residence all the tax advantages provided for for its residents by the legislation of that State, that is not the case with respect to Mr de Groot, whose claim in the main proceedings is precisely that he was deprived in his State of residence of part of the reductions provided for for residents of that State by its legislation because he exercised his right to freedom of movement. | 0 |
865,206 | 54. However, where the Community intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to precise provisions of the agreements and understandings contained in the annexes to the WTO Agreement, it is for the Court to review the legality of the Community measure in question in the light of the WTO rules (see, in particular, Portugal v Council , paragraph 49). | 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 |
865,207 | 41. By contrast, it does not expressly follow from the wording of Regulation No 261/2004 that passengers whose flights are delayed have such a right. Nevertheless, as the Court has made clear in its case-law, it is necessary, in interpreting a provision of Community law, 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 (see, inter alia, Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50, and Case C-306/05 SGAE [2006] ECR I-11519, paragraph 34). | 14 IT IS CLEAR FROM THOSE PROVISIONS THAT FAMILY BENEFITS OR FAMILY ALLOWANCES ARE INTENDED TO PROVIDE SOCIAL ASSISTANCE FOR WORKERS WITH DEPENDENT FAMILIES IN THE FORM OF A CONTRIBUTION BY SOCIETY TOWARDS THEIR EXPENSES . THE RULE AGAINST OVERLAPPING OF BENEFITS AT ISSUE IS DESIGNED THEREFORE TO PREVENT DUPLICATION OF THE COMPENSATION FOR THOSE EXPENSES , AN EXCESS PAYMENT TO THE WORKER ' S FAMILY WHICH WOULD NOT BE JUSTIFIED . ACCORDINGLY , THE RULE MUST BE INTERPRETED AS HAVING THE EFFECT OF PRECLUDING THE PAYMENT OF PARALLEL SOCIAL SECURITY BENEFITS FOR ONE AND THE SAME SITUATION IN RESPECT OF ONE AND THE SAME PERIOD .
| 0 |
865,208 | 89. It should be recalled in that connection that the essential feature of a charge having equivalent effect to a customs duty is that it is borne specifically by an imported product, to the exclusion of the similar domestic product (see, to that effect, judgments in Commission v France , 90/79, EU:C:1981:27, paragraphs 12 and 13, and Orgacom , C‑254/13, EU:C:2014:2251, paragraph 28). | 31. Clause 2(1) of the framework agreement grants men and women workers an individual right to parental leave of at least three months. | 0 |
865,209 | 35
As to the remainder, it must be recalled that, in accordance with Article 256(1) TFEU and the first subparagraph of Article 58 of the Statute of the Court of Justice of the European Union, an appeal is limited to points of law. The General Court has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts or evidence are distorted, constitute points of law subject, as such, to review by the Court of Justice on appeal (see judgment of 11 May 2006, Sunrider v OHIM,C‑416/04 P, EU:C:2006:310, paragraph 49 and the case-law cited, and the order of 4 June 2015, Junited Autoglas Deutschland v OHIM, C‑579/14 P, not published, EU:C:2015:374, paragraph 25 and the case-law cited). | 35. En second lieu, l’article 1 er , paragraphe 1, de la décision litigieuse a pour objet exclusivement de déclarer l’incompatibilité avec le marché commun du régime en cause. Il ne définit pas les conséquences spécifiques que cette déclaration a pour chacun des contribuables, conséquences qui se matérialiseront dans des actes administratifs tels qu’un avis d’imposition, lequel constitue en tant que tel une mesure d’exécution que l’article 1 er , paragraphe 1, de la décision litigieuse «comporte» au sens de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE. | 0 |
865,210 | 29. Furthermore, the Court has already held that where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I-7063, paragraphs 27 to 49; Manninen , paragraphs 29 to 55, and Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 55). | 60
In order to answer that question, it must be recalled that, in accordance with recital 46 and Article 2 of Directive 2004/18, the contracting authorities are required to afford economic operators equal, non-discriminatory and transparent treatment. | 0 |
865,211 | 32
The Court has, lastly, held that provisions which confer exclusive jurisdiction, such as Article 16 of the Brussels Convention and Article 22 of Regulation No 44/2001, must not be given a wider interpretation than is required by their objective, since they deprive the parties of the choice of forum which would otherwise be theirs and may, in certain cases, result in a situation whereby the parties are brought before a court which is not that of any of them (judgments of 10 January 1990, Reichert and Kockler, C‑115/88, EU:C:1990:3, paragraph 9, and of 12 May 2011, BVG, C‑144/10, EU:C:2011:300, paragraph 30). | 48. En outre, la Cour a constaté récemment que de nombreux sites de décharge se trouvant dans la quasi-totalité des régions italiennes n’ont pas encore été mis en conformité avec les dispositions portant sur la gestion des déchets en cause (arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 93). Une telle constatation va à l’encontre de l’argument de la République italienne selon lequel le manque d’autosuffisance régionale en Campanie pourrait être compensé par des transferts interrégionaux des déchets. | 0 |
865,212 | 114 The legal profession is not concentrated to any significant degree. It is highly heterogenous and is characterised by a high degree of internal competition. In the absence of sufficient structural links between them, members of the Bar cannot be regarded as occupying a collective dominant position for the purposes of Article 86 of the Treaty (see, to that effect, Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-1375, paragraph 227, and Joined Cases C-395/96 P and C-396/96 P Compagnie maritime belge transports and Others v Commission [2000] ECR I-1365, paragraphs 36 and 42). Furthermore, as is clear from the documents before the Court, members of the Bar account for only 60% of turnover in the legal services sector in the Netherlands, a market share which, having regard to the large number of law firms, cannot of itself constitute conclusive evidence of the existence of a collective dominant position on the part of those undertakings (see, to that effect, France and Others v Commission, paragraph 226, and Compagnie maritime belge, paragraph 42). | 88 It follows that the answer to part (c) of the second question in Case C-418/97 must be that the fact that a substance used as fuel is the residue of the manufacturing process of another substance, that no use for that substance other than disposal can be envisaged, that the composition of the substance is not suitable for the use made of it or that special environmental precautions must be taken when it is used may be regarded as evidence that the holder has discarded that substance or intends or is required to discard it within the meaning of Article 1(a) of the directive. However, whether it is in fact waste within the meaning of the directive must be determined in the light of all the circumstances, regard being had to the aim of the directive and the need to ensure that its effectiveness is not undermined.
Part (a) of the second question in Case C-419/97 | 0 |
865,213 | 156. As a preliminary point, it must be borne in mind that the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it (see, inter alia , Case 137/85 Maizena [1987] ECR 4587, paragraph 15; and Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453, paragraph 122). | 17 Following the Vroege and Fisscher judgments, some 60 000 part-time workers in the United Kingdom in both the public and the private sectors commenced proceedings before industrial tribunals. Relying on Article 119 of the Treaty, they claimed that they had been unlawfully excluded from membership of the various occupational pension schemes of the kind described in paragraphs 10 to 14 of this judgment. The defendants in those cases are their employers or, in some cases, former employers. | 0 |
865,214 | 78. If the amount of the reimbursement of the expenses incurred for hospital treatment provided in a Member State other than that of residence, resulting from the rules in force in that State, is less than that which would have resulted from application of the legislation in force in the Member State of residence if hospital treatment had been provided there, pursuant to Article 49 EC, as interpreted by the Court, complementary reimbursement corresponding to the difference between those two amounts must, in addition, be made by the competent institution (see, to that effect, Vanbraekel and Others , paragraphs 38 to 52, and Commission v Spain , paragraphs 56 and 57). | 27. The contested decision was notified to the Kingdom of Belgium on 5 December 2000 under number C (2000) 3563. | 0 |
865,215 | 38 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports. | 46
In that regard, it should be recalled that Article 8(1)(b) of Regulation No 207/2009 –– which is, in the absence of any provision to the contrary in Articles 67 to 74 of that regulation, applicable to EU collective marks pursuant to Article 66(3) of the regulation –– provides that, upon opposition by the proprietor of an earlier trade mark, the trade mark applied for is not to be registered if, because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected. | 0 |
865,216 | 53. The second subparagraph of Article 22(2) of Regulation No 1408/71 lays down two conditions which, if both are satisfied, render mandatory the grant by the competent institution of the prior authorisation applied for on the basis of Article 22(1)(c)(i) (see, to that effect, Inizan , paragraph 41, and Watts , paragraph 55). | 38. La Commission soutient, sans être contredite sur ce point par la République italienne, qu’aucune aide illégale, visée par la décision 2008/854, n’a été récupérée jusqu’à l’introduction du présent recours. | 0 |
865,217 | 39 As regards the extent of the reparation for the loss or damage arising from such failure, it should be noted that retroactive application in full of the measures implementing the Directive to employees who have suffered as a result of belated transposition enables in principle the harmful consequences of the breach of Community law to be remedied, provided that the Directive has been properly transposed. Such application should have the effect of guaranteeing to those employees the rights from which they would have benefited if the Directive had been transposed within the prescribed period (see also the judgment of today's date in Joined Cases C-94/95 and C-95/95 Bonifaci and Others and Berto and Others [1997] ECR I-0000, paragraphs 51 to 54). | 33 The questions referred therefore concern a situation in which the BMW mark has been used to inform the public that the advertiser carries out the repair and maintenance of BMW cars or that he has specialised, or is a specialist, in the sale or repair and maintenance of those cars. | 0 |
865,218 | 33
It is also settled case-law that, although recourse to Article 114 TFEU as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade as a result of divergences in national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them (judgments in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraph 61; Arnold André, C‑434/02, EU:C:2004:800, paragraph 31; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 30; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 38; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 33). | 25. In addition, as an element of the system of judicial resolution of tax disputes, arbitration tribunals dealing with taxation meet the requirement of permanence. | 0 |
865,219 | 37 It is to be noted that the fact that a tax or levy is a special charge or is appropriated for a specific purpose cannot prevent its falling within the field of application of Article 95 of the Treaty (see Case 74/76 Iannelli v Meroni [1977] ECR 557, paragraph 19) nor, where appropriate, the prohibition laid down by that provision. | 19 SINCE ARTICLE 95 OF THE TREATY REFERS TO INTERNAL TAXATION OF ANY KIND , THE FACT THAT A TAX OR LEVY IS COLLECTED BY A BODY GOVERNED BY PUBLIC LAW OTHER THAN THE STATE OR IS COLLECTED FOR ITS BENEFIT AND IS A CHARGE WHICH IS SPECIAL OR APPROPRIATED FOR A SPECIFIC PURPOSE CANNOT PREVENT ITS FALLING WITHIN THE FIELD OF APPLICATION OF ARTICLE 95 OF THE TREATY .
THE FIFTH AND SIXTH QUESTIONS | 1 |
865,220 | 66 According to that case-law, those provisions, which provide for the prohibition of all discrimination based on nationality in the field of social security against Algerian and Moroccan nationals as compared with the nationals of the host Member State, are directly effective notwithstanding the fact that the Cooperation Council has not adopted measures implementing Article 40(1) of the EEC-Algeria Agreement or Article 42(1) of the EEC-Morocco Agreement relating to the implementation of the principles stated in Articles 39 and 41 respectively. | 539 IF SUCH AN AGENT WORKS FOR HIS PRINCIPAL HE CAN IN PRINCIPLE BE REGARDED AS AN AUXILIARY ORGAN FORMING AN INTEGRAL PART OF THE LATTER'S UNDERTAKING BOUND TO CARRY OUT THE PRINCIPAL'S INSTRUCTIONS AND THUS, LIKE A COMMERCIAL EMPLOYEE, FORMS AN ECONOMIC UNIT WITH THIS UNDERTAKING . | 0 |
865,221 | 54. It is settled case-law that an administrative practice can be made the object of an action for failure to fulfil obligations when it is, to some degree, of a consistent and general nature (see, inter alia, Case C‑135/05 Commission v Italy [2007] ECR I‑3475, paragraph 21). | 49. In that regard, it should be borne in mind that Article 2(d) of the Directive gives a particularly wide definition to the concept of commercial practices: ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers’. | 0 |
865,222 | 36. In the case in the main proceedings, the conditions laid down by the Court in paragraph 37 of the judgment in France v Commission are not met. It is clear that the national authorities cannot actually use the resources resulting from the contributions at issue in the main proceedings to support certain undertakings. It is the inter-trade organisation that decides how to use those resources, which are entirely dedicated to pursuing objectives determined by that organisation. Likewise, those resources are not constantly under public control and are not available to State authorities. | 26 THIS PROVISION IS EQUALLY CONCERNED WITH TRANSPORT FROM OR TO THIRD COUNTRIES, AS REGARDS THAT PART OF THE JOURNEY WHICH TAKES PLACE ON COMMUNITY TERRITORY . | 0 |
865,223 | 50
The Court has implicitly or explicitly refused to limit the temporal effects both in judgments in which such taxes were declared incompatible with EU law (with regard to the pollution tax laid down by OUG No 50/2008, see judgments of 7 April 2011 in Tatu, C‑402/09, EU:C:2011:219, and of 7 July 2011 in Nisipeanu, C‑263/10, not published, EU:C:2011:466 paragraphs 34 to 38; with regard to the tax on polluting emissions levied pursuant to Law No 9/2012, in its various versions, see order of 3 February 2014 in Câmpean and Ciocoiu, C‑97/13 and C‑214/13, not published, EU:C:2014:229, paragraphs 37 to 42, and judgment of 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraphs 56 to 59) and in those judgments in which it is indicated that such taxes should have been repaid with interest (see judgments of 18 April 2013 in Irimie, C‑565/11, EU:C:2013:250, and of 15 October 2014 in Nicula, C‑331/13, EU:C:2014:2285, paragraphs 40 to 42). | Or, l’existence d’une situation, telle que celle en cause, pendant une durée prolongée a nécessairement pour conséquence une dégradation significative de l’environnement. En effet, les déchets ont une nature particulière, si bien que leur accumulation, avant même qu’ils ne deviennent dangereux pour la santé, constitue un danger pour l’environnement (voir, en ce sens, arrêt du 16 juillet 2015, , C‑653/13, non publié, EU:C:2015:478, point 38 et jurisprudence citée). | 0 |
865,224 | 20. It should be noted in that regard that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes (see, inter alia, judgment in Digitalnet and Others , C‑320/11, C‑330/11, C‑382/11 and C‑383/11, EU:C:2012:745, paragraph 27 and the case-law cited). | 36. Authorisation of a plan or project granted in accordance with Article 6(3) of the Habitats Directive necessarily assumes that it is considered not likely adversely to affect the integrity of the site concerned and, consequently, not likely to give rise to deterioration or significant disturbances within the meaning of Article 6(2). | 0 |
865,225 | 35. As the Commission has rightly pointed out, the interpretation adopted in paragraphs 32 and 33 of this judgment, which makes it possible to avoid the same State aid being the subject of contrary decisions taken successively by the Commission and the Council, contributes to legal certainty. It should be noted in particular that the definitive nature of an administrative decision which is acquired on the expiry of reasonable time-limits for bringing an action or by the exhaustion of remedies contributes to such certainty (Case C-453/00 Kühne & Heitz [2004] ECR I-0000, paragraph 24). | 59. Dès lors que l’article 91, paragraphe 12, du règlement n° 1623/2000 ne reflète pas un changement d’appréciation du législateur de l’Union quant au caractère adéquat du régime de sanction qui avait été spécifiquement défini à l’article 5 du règlement n° 360/95 en lien avec la vente de deux lots déterminés d’alcool, le principe d’application rétroactive de la sanction la moins sévère, tel qu’énoncé à l’article 2, paragraphe 2, du règlement n° 2988/95, ne saurait être utilement invoqué (voir, en ce sens, arrêt Jager, précité, point 70). | 0 |
865,226 | 47 As to that, although the imposition of price controls is indeed a factor which may, in certain conditions, distort competition between Member States, that circumstance cannot justify a derogation from the principle of free movement of goods. It is well settled that distortions caused by different price legislation in a Member State must be remedied by measures taken by the Community authorities and not by the adoption by another Member State of measures incompatible with the rules on free movement of goods (see Case 16/74 Winthrop [1974] ECR 1183, paragraph 17; Joined Cases 55/80 and 57/80 Musik-Vertrieb Membran and K-tel International v GEMA [1981] ECR 147, paragraph 24; and Joined Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb and Others [1996] ECR I-3457, paragraph 46). | 24 AS THE COURT HELD IN ANOTHER CONTEXT IN ITS JUDGMENT OF 31 OCTOBER 1974 IN CASE 15/74 CENTRAFARM BV AND ADRIAAN DE PEIJPER V STERLING DRUG INC . ( 1974 ) ECR 1147 , THE EXISTENCE OF A DISPARITY BETWEEN NATIONAL LAWS WHICH IS CAPABLE OF DISTORTING COMPETITION BETWEEN MEMBER STATES CANNOT JUSTIFY A MEMBER STATE ' S GIVING LEGAL PROTECTION TO PRACTICES OF A PRIVATE BODY WHICH ARE INCOMPATIBLE WITH THE RULES CONCERNING FREE MOVEMENT OF GOODS .
| 1 |
865,227 | 26. As regards the obligation to state the grounds, the General Court cannot be criticised for having failed to address all the details of the arguments put forward by the Italian Republic to challenge the irregularities identified in the decision at issue. It is settled case-law that the duty incumbent upon the General Court under Article 36 and the first paragraph of Article 53 of the Statute of the Court of Justice to state reasons for its judgments does not require the General Court to provide an account that follows exhaustively and one by one all the arguments articulated by the parties to the case. The reasoning may also be implicit, on condition that it enables the persons concerned to understand the grounds of the General Court’s judgment and provides the Court of Justice with sufficient information to exercise its powers of review on appeal (judgments in Coop de France bétail et viande and Others v Commission , C‑101/07 P and C‑110/07 P, EU:C:2008:741, paragraph 75 and the case-law cited; A2A v Commission , C‑318/09 P, EU:C:2011:856, paragraph 97; and France v Commission , C‑559/12 P, EU:C:2014:217, paragraph 86). | 26. The Court has also held that it accords with the scheme of Directive 80/987 that the competent guarantee institution, except where it is fully financed by the public authorities, is the one which levied, or at all events should have levied, the insolvent employer’s contributions (see, to that effect, Mosbæk , paragraphs 24 and 25). | 0 |
865,228 | 58 The Court of Justice may therefore deem it necessary to consider provisions of Community law to which the national court has not referred in the text of its question (Case 35/85 Tissier [1986] ECR 1207, paragraph 9). | 26. Il y a lieu de constater que, indépendamment des modalités pratiques et des qualifications déterminées par les parties, une convention telle que l’accord litigieux, en ce qu’il transfère à Telenet l’activité de fourniture de services de télévision des Intercommunales et lui confère, notamment afin d’exercer cette activité, le droit exclusif d’exploiter les réseaux câblés de celles-ci, paraît devoir s’analyser en une concession de services au sens de l’article 1 er , paragraphe 4, de la directive 2004/18. | 0 |
865,229 | 26 The Court has consistently held that social-security benefits governed by statute and applying compulsorily to general categories of workers do not come within the definition of `pay' within the meaning of the second paragraph of Article 119 of the Treaty (Case 80/70 Defrenne v Belgium [1971] ECR 445, paragraphs 7 and 8; Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraphs 22 and 23; Case C-173/91 Commission v Belgium [1993] ECR I-673, paragraph 14). On the other hand, statutory social-security benefits are covered by Directive 79/7. | 48. In this part, ClientEarth maintains that that concept presupposes the existence of a formal decision of the Commission as a college. ClientEarth refers, in that regard, to the judgments in Commission v Technische Glaswerke Ilmenau (C‑139/07 P, EU:C:2010:376); Commission v Éditions Odile Jacob (C‑404/10 P, EU:C:2012:393); LPN and Finland v Commission (C‑514/11 P and C‑605/11 P, EU:C:2013:738); WWF UK v Commission (T‑105/95, EU:T:1997:26); Bavarian Lager v Commission (T‑309/97, EU:T:1999:257); Petrie and Others v Commission (T‑191/99, EU:T:2001:284); and API v Commission (T‑36/04, EU:T:2007:258). | 0 |
865,230 | 20. Since the provisions of that convention have been an integral part of the European Union legal order from the date on which the convention entered into force, the Court has jurisdiction to give a preliminary ruling concerning its interpretation (see, by analogy, Case 181/73 Haegeman [1974] ECR 449, paragraphs 2, 4 and 5, and, in relation to the Montreal Convention, Case C-344/04 IATA and ELFAA [2006] ECR I-403, paragraph 36, and Case C-549/07 Wallentin‑Hermann [2008] ECR I‑11061, paragraph 28). | 10 It also follows from those two judgments (see respectively paragraphs 41 and 42 and 23 and 24) that those cultural-policy objectives are objectives relating to the public interest which a Member State may legitimately pursue by formulating the statutes of its own broadcasting organizations in an appropriate manner. | 0 |
865,231 | 29. It should be noted at the outset that, where a contract is to be awarded by the best-value-for-money procedure, in accordance with Article 97(2) of the Financial Regulation and Article 138(1) of the implementing rules, the contracting authority must define and specify in the tender specifications the award criteria enabling evaluation of the content of tenders. In addition, those criteria must, in accordance with Article 138(2) of the implementing rules, be justified by the subject of the contract. According to Article 138(3), the contracting authority must also specify, in the contract notice or in the tender specifications, the weighting it will apply to each of the criteria for determining the best value for money. Those provisions seek to ensure compliance with the principles of equal treatment and transparency at the stage of evaluation of tenders with a view to award of the contract (see, by analogy, Case 31/87 Beentjes [1988] ECR 4635, paragraphs 21 and 22, and Case C‑470/99 Universale-Bau and Others [2002] ECR I‑11617, paragraphs 90 to 92). | 16. Ainsi qu’il ressort d’une jurisprudence constante, la révision constitue non une voie d’appel, mais une voie de recours extraordinaire permettant de mettre en cause l’autorité de la chose jugée attachée à un arrêt définitif ou à une ordonnance rendue en application de l’article 119 du règlement de procédure en raison des constatations de fait sur lesquelles la juridiction s’est fondée. La révision présuppose la découverte d’éléments de nature factuelle, antérieurs au prononcé de l’arrêt ou de l’ordonnance, inconnus jusque-là de la juridiction qui a rendu cet arrêt ou cette ordonnance ainsi que de la partie demanderesse en révision et qui, si ladite juridiction avait pu les prendre en considération, auraient été susceptibles de l’amener à consacrer une solution différente de celle apportée au litige (voir, notamment, arrêts du 7 mars 1995, ISAE/VP et Interdata/Commission, C‑130/91 REV, Rec. p. I‑407, point 6, ainsi que du 23 janvier 2003, N/Commission, C‑181/01 P‑REV, non publié au Recueil, point 18 et jurisprudence citée). | 0 |
865,232 | 24. That interpretation is confirmed by the object of the Directive, which is to establish harmonised legal protection in the Community for the rental and lending right and certain rights related to copyright in the field of intellectual property (see Case C-200/96 Metronome Musik [1998] ECR I-1953, paragraph 22). | 22 The object of the Directive is to establish harmonised legal protection in the Community for the rental and lending right and certain rights related to copyright in the field of intellectual property. According to the first three recitals in its preamble, such harmonisation is intended to eliminate differences between national laws which are liable to create barriers to trade, distort competition and impede the achievement and proper functioning of the internal market. As is stated, more specifically, in the fourth, fifth and seventh recitals in the preamble to the Directive, the rental right, which, as a result of the increasing threat of piracy, is of increasing importance to the economic and cultural development of the Community must in particular guarantee that authors and performers can receive appropriate income and amortise the especially high and risky investments required particularly for the production of phonograms and films. | 1 |
865,233 | 57. In the context of the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. In that light, the Court may have to reformulate the questions referred to it (see, inter alia, Case C-334/95 Krüger [1997] ECR I-4517, paragraphs 22 and 23, and Case C-243/09 Fuß [2010] ECR I-9849, paragraph 39 and case-law cited). | 23 With this in mind, the Court of Justice may have to reformulate the questions referred to it or to examine whether a question relating to the validity of a provision of Community law is based on a correct reading of the provision in question. | 1 |
865,234 | 37. Consequently, obesity cannot as such be regarded as a ground in addition to those in relation to which Directive 2000/78 prohibits discrimination (see, by analogy, judgment in Chacón Navas , EU:C:2006:456, paragraph 57). | 72. In any event, even if it might have been conceivable, had there been a dispute concerning the interpretation of the Association Agreement as such, to bring the matter before the Association Council, it should be recalled that, as the Court has already held, the fact that the dispute was not referred to the Association Committee, an emanation of the Association Council, cannot be used as justification for derogating from the system of cooperation and respect for the areas of competence as allocated under the Association Agreement (see, by analogy, Sfakianakis , paragraph 52). | 0 |
865,235 | 64
In that regard, it has been held that public authorities are bound, when they envisage granting a concession which is outside the scope of the directives on the various categories of public contracts, to comply with the fundamental rules of the TFEU, in general, and the principle of non-discrimination, in particular, (see, to that effect, judgment of 17 July 2008 in ASM Brescia, C‑347/06, EU:C:2008:416, paragraphs 57 and 58 and the case-law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
865,236 | 23. According to Article 3(1)(b) of Directive 89/104, the distinctive character of a mark must be assessed in relation to the goods or services in respect of which registration is applied for and in relation to the perception of the relevant consumers (see Case C-299/99 Philips [2002] ECR I-5475, paragraphs 59 and 63, and Case C-218/01 Henkel [2004] ECR I-0000, paragraph 50). | 30 In proceedings for a preliminary ruling, it is for the courts of the Member State concerned to assess the temporal effects of declarations of unconstitutionality made by the constitutional court of that Member State. | 0 |
865,237 | 20
That principle is also applicable, subject to certain conditions, where the breach at issue stems from a decision of a court adjudicating at last instance. In the light of the essential role played by the judiciary in the protection of the rights derived by individuals from rules of EU law and of the fact that a court ruling at last instance constitutes, by definition, the last instance before which those individuals can enforce the rights conferred on them by those rules, the Court considers that the full effectiveness of those rules would be called in question and the protection of those rights would be weakened if individuals were precluded from being able, under certain conditions, to obtain reparation when their rights are affected by a breach of EU law attributable to a decision of a court of a Member State adjudicating at last instance (see, to that effect, judgments of 30 September 2003 in Köbler, C‑224/01,EU:C:2003:513, paragraphs 32 to 36 and 59; of 13 June 2006 in Traghetti del Mediterraneo, C‑173/03, EU:C:2006:391, paragraph 31, and of 9 September 2015 in Ferreira da Silva e Brito and Others, C‑160/14, EU:C:2015:565, paragraph 47). | 6. Il importe de rappeler que, selon une jurisprudence constante de la Cour, la transposition d’une directive n’exige pas nécessairement une action législative de chaque État membre (arrêts du 23 mars 1995, Commission/Grèce, C-365/93, Rec. p. I-499, point 9, et du 10 mai 2001, Commission/Pays-Bas, C‑144/99, Rec. p. I‑3541, point 17). À cet égard, il ne saurait être exclu, à la lumière de l’allégation du Royaume de Belgique, que, en vertu de l’article 57, paragraphe 2, de la loi du 8 juillet 1976 organique des centres publics d’aide sociale, telle que modifiée par la loi du 30 décembre 1992, dans la version résultant de l’article 65 de la loi du 15 juillet 1996 (ci-après la «loi organique»), l’article 5, paragraphe 2, de la directive ait été effectivement transposé. | 0 |
865,238 | 20. In that regard, it is sufficient to point out that it is not for the Court, in the context of a reference for a preliminary ruling, to assess whether questions referred to it by a national court are relevant or to rule on the interpretation of national laws or regulations and to decide whether the referring court’s interpretation of them is correct (see, to that effect, Case 52/77 Cayrol [1977] ECR 2261, paragraph 32; Case C‑347/89 Eurim-Pharm [1991] ECR I‑1747, paragraph 16; and Case C‑58/98 Corsten [2000] ECR I-7919, paragraph 24). | 51 However, according to the judgment in Case C-308/87 Grifoni v EAEC [1994] ECR I-341, paragraph 40, compensation for loss in the context of non-contractual liability is intended so far as possible to provide restitution for the victim. Accordingly, since the criteria giving rise to non-contractual liability are fulfilled, the adverse consequences resulting from the lapse of time between the occurrence of the event causing the damage and the date of payment of the compensation cannot be ignored, despite the abovementioned express statement by the applicant, in so far as it is appropriate to take into account the fall in the value of money. | 0 |
865,239 | 18
The reasoned opinion and the action brought under Article 258 TFEU must therefore set out the complaints coherently and precisely, in order for the Member State and the Court to be able to appreciate exactly the scope of the breach of EU law complained of, a condition which is necessary to enable the Member State to put forward its defence and the Court to determine whether there is a breach of obligations as alleged (judgments of 14 October 2010, Commission v Austria, C‑535/07, EU:C:2010:602, paragraph 42, and of 3 March 2011, Commission v Ireland, C‑50/09, EU:C:2011:109, paragraph 64 and the case-law cited). | 42. Furthermore, the reasoned opinion and the action must set out the complaints coherently and precisely in order that the Member State and the Court may appreciate exactly the scope of the infringement of European Union law complained of, a condition which is necessary in order to enable the Member State to avail itself of its right to defend itself and the Court to determine whether there is a breach of obligations as alleged (see Case C-186/06 Commission v Spain , paragraph 18).
Widening of the subject-matter of the action | 1 |
865,240 | 55
As regards the Member States’ discretion to impose such an obligation in their national legislation, it must be noted that, so far as concerns credit agreements which fall within the scope of Directive 2008/48, Member States may not adopt obligations for the parties to the agreement which are not provided for in that directive where the directive contains provisions harmonised in the area covered by those obligations (see, by analogy, judgment of 12 July 2012, SC Volksbank România, C‑602/10, EU:C:2012:443, paragraphs 63 and 64). | 43 That view must be rejected. The consent implicit in any assignment is not the consent required for application of the doctrine of exhaustion of rights. For that, the owner of the right in the importing State must, directly or indirectly, be able to determine the products to which the trade mark may be affixed in the exporting State and to control their quality. That power is lost if, by assignment, control over the trade mark is surrendered to a third party having no economic link with the assignor. | 0 |
865,241 | 32. It follows that that fee must, first, not exceed the amount of the actual costs and, secondly, take into account all those costs, none of which may be excluded. It cannot therefore take the form of a ‘standard’ fee in the sense in which the Commission construes that term since, as the Court held in paragraph 52 of Stratmann and Fleischversorgung Neuss , a standard fee by its very nature exceeds the actual cost of the measures which it is intended to finance in certain cases and is lower than that cost in other cases. | 31
In addition, and in any event, in the context of an action for failure to fulfil obligations, the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under EU law and, on the other, to avail itself of its right to defend itself properly against the objections formulated by the Commission. The subject matter of proceedings under Article 258 TFEU is therefore delimited by the pre-litigation procedure prescribed by that provision. The proper conduct of that procedure constitutes an essential guarantee required by the FEU Treaty not only in order to protect the rights of the Member State concerned, but also in order to ensure that any contentious procedure will have a clearly defined dispute as its subject matter (judgment of 11 September 2014, Commission v Germany, C‑525/12, EU:C:2014:2202, paragraph 21 and the case-law cited). | 0 |
865,242 | 23. None the less, as the Advocate General observes in point 20 of his Opinion, Member States must, in accordance with the principle of proportionality, employ means which, whilst enabling them effectively to attain such an objective, are the least detrimental to the objectives and principles laid down by the relevant Community legislation, which include the fundamental principle of the right to deduct VAT (see Molenheide and Others , paragraphs 46 and 47; Case C‑409/04 Teleos and Others [2007] ECR I‑7797, paragraphs 52 and 53; and Case C‑271/06 Netto Supermarkt [2008] ECR I‑000, paragraphs 19 and 20). | 18 The Italian Republic claims, secondly, that recovery of the tax credit is also technically impossible to carry out. It would require, it says, the number of beneficiaries to be determined (around 100 000), and then each individual situation would have to be examined over one or more years (1992 and subsequent years). Then, it would be a case of checking the tax credit actually used, the allocation of the total credit used by each beneficiary to the different tax headings, preparing the documents in support of each recovery demand and the demand itself, on the basis that each department is to recover the taxes within its area of competence, both by reference to geographical territory and to the type of tax. Evidently, such a recovery procedure would involve a large number of departments scattered over the territory (tax offices, area offices, direct taxation departments, departments responsible for value added tax) and would require them to conduct checks in excess of those normally provided for and planned on the basis of their capacities. The resources devoted to such an action would seriously affect the normal capacity of those services for carrying out checks, which would prejudice the proper functioning of the tax system. | 0 |
865,243 | 29. Likewise, the Court has also held that a principle of international law, reaffirmed in Article 3 of Protocol No 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, that European Union law cannot be assumed to disregard in the context of relations between Member States, precludes a Member State from refusing its own nationals the right to enter its territory and remain there for any reason (see Case 41/74 van Duyn [1974] ECR 1337, paragraph 22, and Case C‑257/99 Barkoci and Malik [2001] ECR I‑6557, paragraph 81); that principle also precludes that Member State from expelling its own nationals from its territory or refusing their right to reside in that territory or making such right conditional (see Cases C‑370/90 Singh [1992] ECR I‑4265, paragraph 22 and C‑291/05 Eind [2007] ECR I‑10719, paragraph 31).
The applicability of Directive 2004/38 | 21 The point made by the Luxembourg Government that the child-raising allowance is a flat-rate sum which does not vary according to the number or age of the children does not detract from the objective nature of the criteria for granting the benefit. In any event, the documents before the Court show that the amount of the benefit does in fact vary according to the financial situation of the family and, indirectly, depending on the number of children. | 0 |
865,244 | 49. By application of Article 5(1)(a) of Directive 89/104 or, in the case of Community trade marks, of Article 9(1)(a) of Regulation No 40/94, the proprietor of a trade mark is entitled to prohibit a third party from using, without the proprietor’s consent, a sign identical with that trade mark when that use is in the course of trade, is in relation to goods or services which are identical with, or similar to, those for which that trade mark is registered, and affects, or is liable to affect, the functions of the trade mark (see, inter alia, Case C‑17/06 Céline [2007] ECR I‑7041, paragraph 16; order in Case C‑62/08 UDV North America [2009] ECR I‑0000, paragraph 42; and Case C‑487/07 L’Oréal and Others [2009] ECR I‑0000, paragraph 58).
a) Use in the course of trade | 31 The argument of the French Government to the effect that since the CSG is really to be categorised as a tax it falls outside the scope of Regulation No 1408/71 and accordingly is not caught by the prohibition against overlapping legislation cannot be accepted. | 0 |
865,245 | 56. In particular, as regards the argument that the Commission did not take into account certain publicly available statistical data during that search, the Court did indeed hold, in the judgment in GLS (C‑338/10, EU:C:2012:158, paragraph 30), that the Union institutions must examine with all due care the information they possess, including, in particular, Eurostat statistics, in order to ascertain whether it is possible to select an analogue country for the purposes of Article 2(7)(a) of the basic regulation. Nevertheless, it is important to bear in mind that those considerations related to the obligations of the Commission where none of the undertakings contacted were willing to cooperate and where it applied the secondary methodology provided for in that provision whereby the normal value of the product in question is determined ‘on any other reasonable basis’. It is undisputed that, in the present anti-dumping proceeding, a US undertaking agreed to cooperate with the Commission and that the Commission, on that basis, applied the main methodology set out by that provision, under which it did not have to examine those statistics. | 104 As regards bovine meat, it is sufficient to recall that, because the disease has a long incubation period, all animals aged six months or more had to be treated as potentially infected with BSE, even if they showed no signs of the disease. Special measures had been adopted in the United Kingdom, relating to the slaughtering of animals and the cutting of meat. However, it was only from May 1995 onwards that unannounced visits were made to United Kingdom undertakings to check compliance with those measures (Bovine Spongiform Encephalopathy in Great Britain, A Progress Report, November 1995, paragraph 16); those checks revealed that a significant proportion of slaughterhouses were failing to comply with the legislation. | 0 |
865,246 | 22 It follows from paragraphs 21 and 22 of Bordessa that the measures which are necessary to prevent the commission of certain infringements and are permitted by Article 4(1) of the directive, in particular those designed to ensure effective fiscal supervision and to prevent illegal activities such as tax evasion, money laundering, drug trafficking or terrorism, are also covered by Article 73d(1)(b). | 94 Moreover, in paragraphs 23 to 25 of Sutton, the Court distinguished the circumstances of that case from those of Case C-271/91 Marshall [1993] ECR I-4367 (Marshall II). In the latter case, which concerned the award of interest on amounts payable by way of reparation for loss and damage sustained as a result of discriminatory dismissal, the Court ruled that full compensation for the loss and damage sustained cannot leave out of account factors, such as the effluxion of time, which may in fact reduce its value, and that the award of interest is an essential component of compensation for the purposes of restoring real equality of treatment (Marshall II, cited above, paragraphs 24 to 32). The award of interest was held in that case to be an essential component of the compensation which Community law required to be paid in the event of discriminatory dismissal. | 0 |
865,247 | 83. In those circumstances, it must be held that legislation such as that at issue in the main proceedings is capable, in various ways, of hindering — at least indirectly and potentially — imports of electricity, especially green electricity, from other Member States (see, to that effect, Ålands Vindkraft , EU:C:2014:2037, paragraphs 67 to 75). | 14 First of all, it should be pointed out that, as the Court has consistently held (see, most recently, Case C-316/91 Parliament v Council [1994] ECR I-0000, paragraph 12), an action for annulment brought by the Parliament against an act of the Council or the Commission is admissible provided that the action seeks only to safeguard its prerogatives and that it is founded only on submissions alleging their infringement. | 0 |
865,248 | 59. In any event, it should be noted that, in carrying out the review of legality provided for in Article 263 TFEU, the General Court did not merely ascertain whether there were any manifest errors of assessment but carried out an in-depth review, as regards questions of both fact and law, of the contested decision in the light of the pleas in law put forward by the appellants, thus satisfying the requirements of an unrestricted review for the purpose of Article 47 of the Charter (see, to that effect, Chalkor v Commission EU:C:2011:815, paragraph 82, and Case C‑272/09 P KME and Others v Commission EU:C:2011:810, paragraph 109). | 90 In the present case, the Italian laws on TWECs amount to an aid programme. The contested decision contains the requisite analysis of the programme and its effects. | 0 |
865,249 | 29. With a view to answering that question, it must be borne in mind, firstly, that, in accordance with Article 2 of the Sixth Directive, which defines the scope of VAT, ‘the supply of … services effected for consideration’ is subject to VAT and that, in accordance with the Court’s settled case-law, a supply of services is effected ‘for consideration’, within the meaning of Article 2(1) of the Sixth Directive, only if there is a legal relationship between the provider of the service and the recipient pursuant to which there is reciprocal performance, the remuneration received by the provider of the service constituting the value actually given in return for the service supplied to the recipient (see, inter alia, Case C-16/93 Tolsma EU:C:1994:80, paragraph 14; Case C‑174/00 Kennemer Golf EU:C:2002:200, paragraph 39; and Case C‑37/08 RCI Europe EU:C:2009:507, paragraph 24). | 95 In that context, nationals of Member States have in particular the right, which they derive directly from the Treaty, to leave their country of origin to enter the territory of another Member State and reside there in order there to pursue an economic activity (see, inter alia, Case C-363/89 Roux v Belgium [1991] ECR I-273, paragraph 9, and Singh, cited above, paragraph 17). | 0 |
865,250 | 70. In that respect, it is to be borne in mind that, according to settled case-law, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is for the Commission to prove the allegation that the obligation has not been fulfilled. It is therefore the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumptions (see, inter alia, Case C-555/10 Commission v Austria [2013] ECR I-0000, paragraph 62, and Case C-556/10 Commission v Germany [2013] ECR I-0000, paragraph 66, and the case-law cited). | 30
However, that interpretation cannot be inferred unequivocally from the wording of that provision. | 0 |
865,251 | 11. “technical regulation”, technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article 10, prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider.
…
…
This Directive shall not apply to those measures Member States consider necessary under the Treaty for the protection of persons, in particular workers, when products are used, provided that such measures do not affect the products.’
4. The first subparagraph of Article 8(1) of Directive 98/34 is worded as follows:
‘Subject to Article 10, Member States shall immediately communicate to the Commission any draft technical regulation, except where it merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice; they shall also let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft.’
National legislation
5. Articles 8 to 13 of the Royal Decree of 2 June 2008 concerning the minimum safety requirements for certain old electrical installations at places of work ( Moniteur belge of 19 June 2008, p. 31631, ‘the Royal Decree’) provide:
‘Article 8. Electrical installation shall be carried out in such a way as to protect workers against risks due to direct contact and indirect contact, against the effects of overvoltage due inter alia to faulty insulation, operations and atmospheric influences, against burns and other health risks and also against non-electrical risks due to the installation of electricity.
If it does not seem possible to eliminate the abovementioned risks by measures relating to design or collective protection, access to those installations must be exclusively limited to workers with Code BA4 or BA5 competence as stipulated in Article 47 of [the general regulation on electrical installations].
Article 9. Electrical installation shall be carried out in such a way as to:
(1) avoid arcs and dangerous surface temperatures;
(2) avoid overheating, fire and explosion.
Article 10. (1) Each circuit shall be protected by at least one safety device which cuts off an overload current before heating can occur which may damage the insulation, connections, leads or the environment.
Each circuit shall be protected by a safety device which cuts off a short circuit current before dangerous effects are caused.
(2) By way of derogation from the provisions of paragraph (1), it is permissible not to protect certain circuits against excess current, provided that the conditions and procedure set out in Articles 119, 123 and 126 of [the general regulation on electrical installations] are observed.
Article 11. (1) In order to carry out work with the power off, it must be made possible to cut off the electrical installation or individual electrical circuits securely and reliably.
(2) The functional control shall be effected in a secure and reliable manner.
(3) The effects of drops in voltage or the disappearance of voltage and its reappearance shall not compromise the safety of workers.
Article 12. Electrical installation shall be carried out with electrical equipment designed in such a way as not to compromise the safety of persons where installation and maintenance are correct and use is in accordance with the intended purpose.
Where appropriate, the equipment shall comply with the provisions of decrees transposing relevant Community directives.
Article 13. The electrical equipment used shall either by virtue of its design or by virtue of additional protection be suitable for external influences and existing or reasonably foreseeable conditions of use.’
The dispute in the main proceedings and the questions referred for a preliminary ruling
6. The applicants in the main proceedings, by an application lodged on 18 August 2008 before the national court, applied for the annulment of the Royal Decree.
7. In support of their application, the applicants in the main proceedings raise inter alia an infringement of Directive 98/34 on the ground that the Royal Decree contains technical regulations, the draft of which should have been communicated to the Commission, in accordance with Article 8 of that directive.
8. In those circumstances the Conseil d’État (Belgian Council of State) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:
‘1. Do national provisions such as Articles 8 to 13 of [the Royal Decree], which lay down requirements relating to the carrying out of electrical installations, the design of electrical equipment and forms of protection attached to that equipment in order to ensure the safety of workers, constitute technical regulations within the meaning of Article 1(11) of Directive [98/34], the drafts of which must be notified in accordance with the first subparagraph of Article 8(1) of the same directive?
2. Are national provisions such as Articles 8 to 13 of [the Royal Decree] measures within the meaning of the final subparagraph of Article 1 of Directive [98/34] which the Member States consider necessary for the protection of persons, in particular workers, when products are used, and which do not affect the products?’
Consideration of the questions referred
The first question
9. By its first question, the national court asks, in essence, whether Article 1(11) of Directive 98/34 must be interpreted as meaning that national provisions such as those at issue in the main proceedings amount to technical regulations, within the meaning of that provision, the drafts of which must be the subject of the communication provided for in the first subparagraph of Article 8(1) of that directive.
10. It is settled case-law that Directive 98/34 is designed to protect, by means of preventive monitoring, the free movement of goods, which is one of the foundations of the European Union, and that this control serves a useful purpose in that technical regulations falling within the scope of that directive may constitute obstacles to trade in goods between Member States, such obstacles being permissible only if they are necessary to satisfy compelling requirements relating to the public interest (see Case C‑194/94 CIA Security International [1996] ECR I‑2201, paragraphs 40 and 48, and Case C‑303/04 Lidl Italia [2005] ECR I‑7865, paragraph 22).
11. In this context, it should be recalled that, according to the case-law, it follows from Article 1(11) of Directive 98/34 that the definition of ‘technical regulation’ can be broken down into three categories: first, the ‘technical specification’ within the meaning of Article 1(3) of that directive; second, the ‘other requirements’, as defined in Article 1(4) of that directive; and, third, the prohibition of the manufacture, importation, marketing or use of a product referred to in Article 1(11) of the directive (see Case C‑267/03 Lindberg [2005] ECR I‑3247, paragraph 54, and Case C‑20/05 Schwibbert [2007] ECR I‑9447, paragraph 34). | 30 The Commission also submits that since, according to the Federal Supervisory Board's own evidence, procedure before that body is not inter partes, it cannot be regarded as a court or tribunal within the meaning of Article 177 of the Treaty. | 0 |
865,252 | 57. Consequently, while it is not for the Court to define the content of the public policy of a Member State, it is none the less required to review the limits within which the courts of a Member State may have recourse to that concept for the purpose of refusing recognition to a judgment emanating from another Member State ( Krombach , paragraph 23, and Renault , paragraph 28). | 21 According to settled case-law, regulations imposing an anti-dumping duty, although by their nature and scope of a legislative nature, are liable to be of direct and individual concern to inter alios those producers and exporters who are able to establish that they were identified in the measures adopted by the Commission or the Council or were concerned by the preliminary investigations (see, in particular, Joined Cases 239/82 and 275/82 Allied Corporation and Others v Commission [1984] ECR 1005, paragraph 12), or, again, to those importers whose retail prices for the products in question form the basis of the constructed export price, where exporter and importer are associated (see, in particular, Joined Cases C-305/86 and C-160/87 Neotype Techmashexport v Commission and Council [1990] ECR I-2945, paragraph 19). | 0 |
865,253 | 25. Freedom of establishment, which Article 52 of the Treaty grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 58 of the Treaty, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, branch or agency (see, inter alia, Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 35; Marks & Spencer , paragraph 30; and Case C‑471/04 Keller Holding [2006] ECR I-2107, paragraph 29). | 17 IN THOSE PROCEDURAL CIRCUMSTANCES IT MUST BE HELD THAT THE TWO ACTIONS HAVE THE SAME SUBJECT-MATTER, FOR THAT CONCEPT CANNOT BE RESTRICTED SO AS TO MEAN TWO CLAIMS WHICH ARE ENTIRELY IDENTICAL . | 0 |
865,254 | 50. However, although, by not expressly requiring Member States to check that the holders of previous authorisations have access to an Annex II dossier, Article 4(1) of Directive 2002/37 has the effect of curtailing the period during which data is protected pursuant to Article 13(3)(d) of Directive 91/414, that situation arises as a direct result of the way in which Article 4(1) of Directive 2002/37 is drafted. Given that the wording of Article 4(1) of Directive 2002/37 is clear and unambiguous, the interpretation according to which the holder of an existing authorisation is not required, under that provision, to submit an Annex II dossier during the review phase is the only interpretation that is compatible with the principle of legal certainty, in accordance with which Community legislation must enable those concerned to acquaint themselves with the precise extent of the obligations it imposes upon them (see Case C-161/06 Skoma-Lux [2007] ECR I‑0000, paragraphs 36 and 38). | 27 In order to answer that question, it must first be noted that the first indent of Article 7 of Decision No 1/80, in the same way as Article 6(1) and the second paragraph of Article 7 of that decision, confer, in clear, precise and unconditional terms, the right on the members of the family of a Turkish worker duly registered as belonging to the labour force of the host Member State to respond, subject to priority being granted to workers of the Member States, to any offer of employment after being legally resident there for at least three years, and the right freely to take up paid employment of their choice in the Member State in whose territory they have been legally resident for at least five years. | 0 |
865,255 | Ensuite, il convient de rappeler que l’obligation de motiver les arrêts résulte de l’article 36 du statut de la Cour de justice de l’Union européenne, rendu applicable au Tribunal en vertu de l’article 53, premier alinéa, du même statut, et de l’article 81 du règlement de procédure du Tribunal, dans sa version applicable en l’espèce. Selon une jurisprudence constante, la motivation d’un arrêt du Tribunal doit faire apparaître de façon claire et non équivoque le raisonnement de celui-ci, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (arrêt du 11 avril 2013, Mindo/Commission, C‑652/11 P, EU:C:2013:229, point 29). | 49 In those circumstances, it is for the Member States to lay down the conditions in which improperly invoiced VAT may be adjusted. | 0 |
865,256 | 30. Although, as observed in paragraph 25 of the present judgment, the exemptions under Article 13 of the Sixth Directive, as derogations from the general application of VAT, are to be interpreted strictly, the term ‘debt collection and factoring’ is to be interpreted broadly as it is an exception to such derogation, with the result that the transactions which it covers are subject to tax in accordance with the fundamental rule forming the basis of the Sixth Directive (see MKG-Kraftfahrzeuge-Factoring , paragraphs 72, 73 and 75, and, by analogy, Case C‑171/00 P Libéros v Commission [2002] ECR I‑451, paragraph 27). | 23 It is apparent from the foregoing considerations that the applicants' submission that tariff F is sectoral in nature since it applies to certain undertakings, namely Dutch ammonia producers, must be upheld .
The value of the savings accruing to Gasunie from the tariff F contracts | 0 |
865,257 | 36. It should be recalled at the outset that, according to well-established case‑law, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law (see, inter alia, Case C-35/98 Verkooijen [2000] ECR I‑4071, paragraph 32; Metallgesellschaft and Others , paragraph 37; and Case C‑471/04 Keller Holding [2006] ECR I-2107, paragraph 28). | 24 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS QUI L' AFFECTENT DE MANIERE SPECIFIQUE EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE . | 0 |
865,258 | 53. Such a decision refusing to initiate the procedure provided for by Article 88(2) EC is definitive and cannot be characterised as a mere provisional measure ( CIRFS and Others v Commission , paragraph 26, and, to that effect, Athinaïki Techniki v Commission , paragraphs 54 and 58). | 26 Furthermore, that contested decision does not constitute a mere preparatory measure for which the possibility of bringing an action against the decision closing the procedure would afford sufficient protection in the event of its being unlawful. The decision refusing to initiate the procedure provided for by Article 93(2) of the Treaty is definitive and therefore cannot be characterized as a mere preparatory measure. | 1 |
865,259 | 20 It is also settled case-law that national legislation which restricts or is liable to restrict intra-Community trade must be proportionate to the objectives pursued and that those objectives must not be attainable by measures which are less restrictive of such trade (Joined Cases C-34/95, C-35/95 and C-36/95 KO v De Agostini and TV-Shop [1997] ECR I-3843, paragraph 45, and Case C-189/95 Franzén [1997] ECR I-5909, paragraph 75). | 40
It could be different only if the Commission withdrew a decision to take no further action on a complaint in order to remedy illegality affecting that decision, while stating the nature of the illegality vitiating that decision (see, to that effect, judgment of 16 December 2010, Athinaïki Techniki v Commission, C‑362/09 P, EU:C:2010:783, paragraph 70). | 0 |
865,260 | 28 The Court has thus held that, in the absence of provisions of Community law regarding the reimbursement of charges improperly levied on the basis of Community regulations that have been declared invalid, it is for the national authorities to settle all ancillary questions relating to such reimbursement, such as the payment of interest, by applying their domestic rules regarding the rate of interest and the date from which interest must be calculated (Case 130/79 Express Dairy Foods v Intervention Board for Agricultural Produce [1980] ECR 1887, paragraphs 16 and 17; see also Case 26/74 Roquette Frères v Commission [1976] ECR 677, paragraphs 11 and 12). | 16 As its preamble shows, Directive 69/335 is intended to promote the free movement of capital, which is regarded as essential for the creation of an economic union whose characteristics are similar to those of a domestic market. As regards taxes on the raising of capital, the pursuit of such an objective presupposes the abolition of indirect taxes already in force in Member States and their replacement by a tax levied only once throughout the common market and at the same rate in all Member States. | 0 |
865,261 | 215
The principle of subsidiarity is set out in Article 5(3) TEU, under which the European Union, in areas which do not fall within its exclusive competence, is to act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved at EU level. Furthermore, Article 5 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the EU Treaty and to the FEU Treaty, lays down guidelines for the purpose of determining whether those conditions are met (judgment in Estonia v Parliament and Council, C‑508/13, EU:C:2015:403, paragraph 44). | 32. La Cour a notamment souligné que le risque de confusion est d’autant plus élevé que le caractère distinctif de la marque antérieure s’avère important [voir, à propos de la première directive 89/104/CEE du Conseil, du 21 décembre 1988, rapprochant les législations des États membres sur les marques (JO 1989, L 40, p. 1), arrêts du 11 novembre 1997, SABEL, C‑251/95, Rec. p. I‑6191, point 24, et du 22 juin 2000, Marca Mode, C‑425/98, Rec. p. I‑4861, point 38]. Ainsi, les marques qui ont un caractère distinctif élevé, soit intrinsèquement, soit en raison de la connaissance de celles-ci sur le marché, jouissent d’une protection plus étendue que celles dont le caractère distinctif est moindre (voir, à propos de la directive 89/104, arrêts du 22 juin 1999, Lloyd Schuhfabrik Meyer, C‑342/97, Rec. p. I‑3819, point 20, et Marca Mode, précité, point 41). | 0 |
865,262 | 40. Furthermore, since Article 30 EC provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health (see to that effect Sandoz , paragraph 22, Case 227/82 Van Bennekom [1983] ECR 3883, paragraph 40, and Commission v Denmark , paragraph 46). | 104. The Court of Justice has already held that the General Court is obliged to reject as inadmissible a head of claim in an application brought before it if the essential matters of law and of fact on which the head of claim is based are not indicated coherently and intelligibly in the application itself, and the failure to state such matters in the application cannot be compensated for by putting them forward at the hearing (see Case C-214/05 P Rossi v OHIM [2006] ECR I‑7057, paragraph 37). | 0 |
865,263 | 44. Legislation which makes the establishment in the host Member State of an economic operator from another Member State subject to the issue of a prior authorisation and allows self-employed activity to be pursued only by certain economic operators who satisfy predetermined requirements, compliance with which is a condition for the issue of that authorisation, constitutes a restriction within the meaning of Article 43 EC. Such legislation deters or even prevents economic operators from other Member States from pursuing their activities in the host Member State through a fixed place of business (see, to this effect, Hartlauer , paragraphs 34, 35 and 38). | 155. It is also clear from that case-law that it is only where the Community intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the WTO agreements, that it is for the Court to review the legality of the Community measure in question in the light of the WTO rules (see the judgments cited above, Portugal v Council , paragraph 49; Netherlands v Council , paragraph 54, and Omega Air and Others , paragraph 94). | 0 |
865,264 | 33. That information was released into the public domain after the signature of the contract on 5 February 2004. In order to make effective legal protection possible for the candidates or tenderers, however, they ought to have been informed of the NRA’s award decision in good time before the contract was concluded (see, to that effect, Commission v Austria , paragraph 21, and Commission v Spain , paragraph 38). | 21. First of all, provisions granting relief from customs duties are to be interpreted according to their terms (see, by analogy, Joined Cases C-47/95 to C-50/95, C‑60/95, C-81/95, C-92/95 and C-148/95 Olasagasti and Others [1996] ECR I‑6579, paragraph 20). | 0 |
865,265 | 44. In that regard, it is apparent from the case‑law of the Court of Justice that an error of law committed by the General Court does not invalidate the judgment under appeal if its operative part is well founded on other legal grounds (see, to that effect, Case C‑367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 47, and Case C‑352/09 P ThyssenKrupp Nirosata v Commission [2011] ECR I‑2359, paragraph 136). | 77 Although the appellant was rightly held liable for the conduct of the two subsidiaries in question with effect from their acquisition, it had not been proved that it could validly be held liable for their infringements prior to that date. | 0 |
865,266 | 13 Moreover the Court has already held that Article 119 prohibits any discrimination with regard to pay as between men and women, whatever the system which gives rise to such inequality (Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 32). | 58
Therefore, given that, in accordance with Regulation No 561/2006, it is for the Member States to lay down penalties for infringement of that regulation, those States having a discretion as regards the nature of the applicable penalties (see, to that effect, judgment of 9 June 2016, Eurospeed, C‑287/14, EU:C:2016:420, paragraph 34). | 0 |
865,267 | 27. It should be recalled that where a particular sphere has been the subject of exhaustive harmonisation at Community level, any national measure relating thereto must be assessed in the light of the provisions of the harmonising measure and not those of the Treaty (Case C‑463/01 Commission v Germany [2004] ECR I‑11705, paragraph 36 and the case-law cited). | 27 Consequently, it must be held - and the German Government has not disputed this point - that the German legislation is applicable in the plaintiff's situation. | 0 |
865,268 | 31
It must be noted, moreover, that the finding made in paragraph 25 above is not called into question by the principle of fiscal neutrality. As the Advocate General stated at point 28 of her Opinion, that principle cannot extend the scope of an exemption in the absence of clear wording to that effect. That principle is not a rule of primary law which can determine the validity of an exemption, but a principle of interpretation, to be applied concurrently with the principle of strict interpretation of exemptions (see, to that effect, judgment in Deutsche Bank, C‑44/11, EU:C:2012:484, paragraph 45). | 19 In that connection, it is undisputed that the taxable value of imported used vehicles is equal to 100% of the price of the vehicle when new where it is less than six months old and 90% of that price where it is more than six months old . On the other hand, the sale of vehicles already registered in Denmark does not give rise to payment of a further registration duty . | 0 |
865,269 | 13 Moreover the Court has already held that Article 119 prohibits any discrimination with regard to pay as between men and women, whatever the system which gives rise to such inequality (Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 32). | 23. That regulation is designed to establish within the Community common standards in the field of novel foods and novel food ingredients, in particular, as stated in recital 2, by introducing a single safety assessment of such foods and food ingredients through a Community procedure before they are placed on the Community market. | 0 |
865,270 | 41
The fact that Mrs Tolley died before reaching the retirement age is not capable of calling that conclusion into question. Whether or not a person falls within the scope ratione personae of Regulation No 1408/71 does not depend on the materialisation of the contingency covered (see, to that effect, judgment of 10 March 2011, Borger, C‑516/09, EU:C:2011:136, paragraph 30). | 31. S’agissant de la question de savoir si, dans le cadre des opérations en cause au principal, les paiements effectués par AmEx et Streamline au titre des conventions conclues entre ces dernières et Dixons constituent une «contrepartie», au sens des articles 11, A, paragraphe 1, sous a), de la sixième directive et 73 de la directive 2006/112, il convient de rappeler que, dans le cadre du système de la TVA, les opérations taxables supposent l’existence d’une transaction entre les parties comportant stipulation d’un prix ou d’une contre-valeur. Ainsi, lorsque l’activité d’un fournisseur consiste à livrer exclusivement des biens sans contrepartie directe, il n’existe pas de base d’imposition et les livraisons de biens concernées ne sont donc pas soumises à la TVA (voir, notamment, en matière de prestations de services, arrêts du 3 mars 1994, Tolsma, C‑16/93, Rec. p. I‑743, point 12, et du 27 octobre 2011, GFKL Financial Services, C‑93/10, Rec. p. I‑10791, point 17). | 0 |
865,271 | 35. Indeed, it is apparent from the Court’s well established case-law that the text of Article 81(1) EC refers generally to all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the common market, irrespective of the market on which the parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of the arrangements in question (see, to that effect, judgments in LTM , 56/65, EU:C:1966:38, p. 358; Consten and Grundig v Commission , 56/64 and 58/64, EU:C:1966:41, p.p. 492 and 493; Musique Diffusion française and Others v Commission , 100/80 to 103/80, EU:C:1983:158, paragraphs 72 to 80; Binon , 243/83, EU:C:1985:284, paragraphs 39 to 47; and Javico , C‑306/96, EU:C:1998:173, paragraphs 10 to 14). | 19 In particular, a provision laying down a time-limit for the revocation of an administrative act must, like all the relevant provisions of national law, be applied in such a way that the recovery required by Community law is not rendered practically impossible and the interests of the Community are taken fully into consideration . | 0 |
865,272 | 28. In addition, for there to be eutrophication within the meaning of Directive 91/271, there must be a relationship of cause and effect between enrichment by nutrients and the accelerated growth of algae and of higher forms of plant life on the one hand and, on the other hand, between that accelerated growth and undesirable disturbance to the balance of organisms present in the water and to the quality of the water ( Commission v France , paragraph 19). | 19. In addition, for there to be eutrophication within the meaning of Directive 91/271, there must be a cause and effect relationship between enrichment by nutrients and the accelerated growth of algae and higher forms of plant life on the one hand and, on the other hand, between the accelerated growth and an undesirable disturbance of the balance of organisms present in the water and to the quality of the water concerned. | 1 |
865,273 | 29 The Court has already had occasion to set out, inter alia in Case C-340/89 Vlassopoulou [1991] ECR I-2357, the conditions with which the competent authorities of a Member State must comply when they receive a request to admit a person to a profession to which entry under national law depends on the possession of a diploma or professional qualification. | 19 If that comparative examination of diplomas results in the finding that the knowledge and qualifications certified by the foreign diploma correspond to those required by the national provisions, the Member State must recognize that diploma as fulfilling the requirements laid down by its national provisions. If, on the other hand, the comparison reveals that the knowledge and qualifications certified by the foreign diploma and those required by the national provisions correspond only partially, the host Member State is entitled to require the person concerned to show that he has acquired the knowledge and qualifications which are lacking. | 1 |
865,274 | 38. In the present case, while if there is disagreement between the parties over the legal basis actually used by the Council to adopt the contested decision, it is clearly apparent from the wording of that decision that it is based on Article 8(3) of Decision 2005/387 (see by analogy, judgment in Parliament v Council , C‑317/13 and C‑679/13, EU:C:2015:223, paragraphs 28 to 31). | 23 It follows that Directive 93/83 confirms that Directive 89/552 covers the cable retransmission of television programmes. | 0 |
865,275 | 31. That approach should be applied in the present context, in which the question of the applicability of Article 22(2) of Regulation No 44/2001 is raised (see, to this effect, Hassett and Doherty , paragraphs 18 and 19; Case C-167/08 Draka NK Cables and Others [2009] ECR I-3477, paragraph 20; and Case C-292/08 German Graphics Graphische Maschinen [2009] ECR I-8421, paragraph 27). | 20. Second, in so far as Regulation No 44/2001 now replaces the Brussels Convention in the relations between Member States, the interpretation provided by the Court in respect of the provisions of the Brussels Convention is also valid for those of Regulation No 44/2001 whenever both sets of provisions may be regarded as equivalent. It is also apparent from recital 19 in the preamble to Regulation No 44/2001 that continuity of interpretation should be ensured between the Brussels Convention and Regulation No 44/2001. | 1 |
865,276 | 28. In that regard, the Court noted that the deduction system is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT must consequently ensure complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject, in principle, to VAT (judgment in Royal Bank of Scotland , EU:C:2008:750, paragraph 15). | 15. The deduction system is meant to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures complete neutrality of taxation of all economic activities, whatever their purpose or results, provided that they are themselves subject, in principle, to VAT (see Case C‑408/98 Abbey National [2001] ECR I‑1361, paragraph 24 and the case‑law cited). | 1 |
865,277 | 51 As the Court pointed out in paragraph 21 of Echternach and Moritz, for such integration to come about, a child of a Community worker must have the possibility of going to school and pursuing further education in the host Member State, as is expressly provided in Article 12 of Regulation No 1612/68, in order to be able to complete that education successfully. | 34 It is true that authorisation may be granted. However, the need to obtain such authorisation, which in any event remains valid only for a limited period, constitutes a wholly unjustified obstacle to the free movement of the product in question. | 0 |
865,278 | 140. As the Advocate General has stated in paragraph 97 of her Opinion, it is clear from Article 24 of Regulation No 4253/88 – the provision on which the withdrawal decision is based – that the Commission is not required to request repayment of the financial assistance in full, but at its discretion may or may not decide to request such repayment and, where appropriate, to set the proportion to be repaid (see also, to that effect, the judgment in Ireland v Commission , paragraphs 27 and 30). In the light of the principle of proportionality, the Commission must exercise this discretion in such a way that repayments which it orders are not disproportionate to the irregularities committed. | 21 It follows that in the present case recourse to the dual legal basis of Articles 100a and 130s is excluded and that it is necessary to determine which of those two provisions is the appropriate legal basis. | 0 |
865,279 | 19 It is otherwise only if those provisions are justified by objective considerations independent of the nationality of the workers concerned, and if they are proportionate to the legitimate aim pursued by the national law (see, to that effect, Bachmann, paragraph 27; Commission v Luxembourg, paragraph 12; and Joined Cases C-259/91, C-331/91 and C-332/91 Allué and Others v Università degli Studi di Venezia [1993] ECR I-4309, paragraph 15). | 27 It follows that, as Community law stands at present, it is not possible to ensure the cohesion of such a tax system by means of measures which are less restrictive than those at issue in the main proceedings, and that the consequences of any other measure ensuring the recovery by the State concerned of the tax due under its legislation on sums payable by insurers pursuant to the contracts concluded with them would ultimately be similar to those resulting from the non-deductibility of contributions. | 1 |
865,280 | 34. The right reserved to national law to specify the benefits payable by the guarantee institution is conditional upon observance of fundamental rights, which include inter alia the general principle of equality and non-discrimination. That principle requires that comparable situations should not be treated differently unless such difference in treatment is objectively justified ( Rodríguez Caballero , paragraphs 29 to 32). | 64
However, the Courts of the European Union must, inter alia, establish not only whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (judgments of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 76, and of 21 March 2013, Commission v Buczek Automotive, C‑405/11 P, not published, EU:C:2013:186, paragraph 50). | 0 |
865,281 | 28. As regards an invitation to submit an offer, or a non-binding advertisement for a protected object, those also fall under the series of acts taken with the objective of making a sale of that object. Indeed, the Court held in paragraph 30 of the judgment in Donner (C‑5/11, EU:C:2012:370) that a trader who directs his advertising at members of the public residing in a given Member State and creates or makes available to them a specific delivery system and payment method, thereby enabling those members of the public to receive delivery of copies of works protected in that Member State, makes, in the Member State where the delivery takes place, a ‘distribution to the public’ under Article 4(1) of Directive 2001/29. | 34 On the one hand, Article 5 of the Directive, which determines the rights conferred by a trade mark, provides, in paragraph (1), that the proprietor is to be entitled to prevent all third parties from using his trade mark in the course of trade and, in paragraph (3)(d), that he may prohibit all third parties from using the trade mark in advertising. | 0 |
865,282 | 44. As to the merits of the Commission’s arguments, it should be recalled that the requirement that proceedings not be prohibitively expensive does not prevent the national courts from making an order for costs in judicial proceedings provided that they are reasonable in amount and that the costs borne by the party concerned taken as a whole are not prohibitive (see, to this effect, Case C-260/11 Edwards and Pallikaropoulos [2013] ECR, paragraphs 25, 26 and 28). | 28. The prohibitive nature of costs must therefore be assessed as a whole, taking into account all the costs borne by the party concerned. | 1 |
865,283 | 37. With regard to the fact that the first sentence of Paragraph 100(1) of the Basic Law for the Federal Republic of Germany imposes on a national court which considers that a law is unconstitutional not only the obligation to seek a decision from the Bundesverfassungsgericht as to whether that law complies with the said Basic Law but also the obligation to stay proceedings, it should be recalled that the existence of a national procedural rule cannot call into question the discretion enjoyed by national courts to make a reference to the Court of Justice for a preliminary ruling where they have doubts, as in the case before the referring court, as to the interpretation of EU law (judgment in Križan and Others , C‑416/10, EU:C:2013:8, paragraph 67 and the case-law cited). | 91. The Directive does not concern the choice of selection and recruitment procedures for filling positions and it cannot be relied on as the basis for a right actually to be recruited. The Directive does no more than require the recognition of qualifications obtained in one Member State in order to allow their holder to apply for a job in another Member State, in accordance with the selection and recruitment procedures which govern access to regulated professions in that Member State. | 0 |
865,284 | 17. The Court has also held that the provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community, and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State (Case C-370/90 Singh [1992] ECR I-4265, paragraph 16; de Groot , paragraph 77; and Van Lent , paragraph 15). | 152. In accordance with the objective and the scheme of Regulation No 3887/92 it is therefore appropriate to interpret the second subparagraph of Article 6(3) of that regulation as meaning that both the initial and the additional checks must be carried out whilst there is still evidence of arable crops or of set-aside on the areas which have been the subject of payments under Regulation No 1765/92 and, at any event, during the current year. | 0 |
865,285 | 18 Furthermore, some of the derogations provided for by the Treaty concern only the rules relating to the free movement of goods, persons and services, and not the social provisions of the Treaty, of which the principle of equal treatment for men and women relied on by Tanja Kreil forms part. In accordance with settled case-law, this principle is of general application and the Directive applies to employment in the public service (Case 248/83 Commission v Germany [1985] ECR 1459, paragraph 16, Case C-1/95 Gerster v Freistaat Bayern [1997] ECR I-5253, paragraph 18, and Sirdar, cited above, paragraph 18). | 39 As regards the first indent of Article 37(1) of the Europe Agreement, it follows from a comparison of the aims and context of the Europe Agreement, on the one hand, with those of the EC Treaty, on the other hand, that there is no ground for giving to the aforementioned provision a meaning different from that which it was found to have by the Court in Spotti so far as Article 48(2) of the Treaty is concerned. | 0 |
865,286 | 55. In accordance with settled case-law, the Community legislature has a wide discretion in this field, corresponding to the political responsibilities given to it by Articles 34 EC to 37 EC. Consequently, judicial review must be limited to verifying that the measure in question is not vitiated by any manifest error or misuse of powers and that the authority concerned has not manifestly exceeded the limits of its discretion (Case C-189/01 Jippes and Others [2001] ECR I‑5689, paragraph 80, and Case C-304/01 Spain v Commission [2004] ECR I‑7655, paragraph 23). | 27 IT IS TRUE THAT A TEMPORARY WORKER CANNOT BE DENIED SOCIAL PROTECTION SOLELY ON THE GROUND THAT HE HAS BEEN PLACED AT THE DISPOSAL OF A COMMUNITY INSTITUTION . HOWEVER , SUCH PROTECTION CANNOT BE PROVIDED BY MEANS WHICH ENCROACH UPON THE AUTONOMY OF THE COMMUNITY INSTITUTIONS IN THIS AREA .
| 0 |
865,287 | 20 Such lump-sum compensation cannot, however, lead to double compensation for the harm suffered. It is to that end, moreover, that, where an accident or sickness is caused by a third party, Article 85a of the Staff Regulations provides that the Communities are to stand subrogated to the official's rights and rights of action, inter alia in respect of the benefits paid under Article 73 of the Staff Regulations. | 34
Furthermore, it must be noted, first, that the principle of equal treatment requires tenderers to be afforded equality of opportunity when formulating their tenders, which therefore implies that the bids of all tenderers must be subject to the same conditions. Second, the obligation of transparency, which is its corollary, is intended to preclude any risk of favouritism or arbitrariness on the part of the contracting authority. That obligation implies that all the conditions and detailed rules of the award procedure must be drawn up in a clear, precise and unequivocal manner in the contract notice or tender specifications so that, first, all reasonably informed tenderers exercising ordinary care can understand their exact significance and interpret them in the same way and, second, the contracting authority is able to ascertain whether the tenders submitted satisfy the criteria applying to the contract in question (judgment of 2 June 2016, Pizzo, C‑27/15, EU:C:2016:404, paragraph 36 and the case-law cited). | 0 |
865,288 | 55 Where the Commission refuses to charge certain expenditure to the EAGGF on the ground that it was incurred as a result of breach of Community rules for which a Member State can be held responsible, it is for that State to show that the conditions for obtaining the financing refused are fulfilled (see Case 347/85 United Kingdom v Commission [1988] ECR 1749, paragraph 14, and Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 16). The Commission is not required to demonstrate that there are irregularities in the data submitted by Member States, it is sufficient for it to show that it has serious and reasonable doubts. The reason for this mitigation of the burden of proof on the Commission is that it is the State which is best placed to collect and check the data required for the clearance of EAGGF accounts, and which is consequently required to adduce the most detailed and comprehensive evidence that its figures are accurate and, if appropriate, that the Commission's calculations are incorrect (Netherlands v Commission, cited above, paragraph 17). In the event of a dispute, it is for the Commission to prove that the rules of the common organisation of the agricultural markets have been infringed and, once it has established such an infringement, the Member State concerned must then, if appropriate, demonstrate that the Commission committed an error as to the financial consequences to be drawn from it (Case C-281/89 Italy v Commission [1991] ECR I-347, paragraph 19, and Netherlands v Commission, cited above, paragraph 18). | 6 The Council later adopted Regulation ( EEC ) No 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties ( Official Journal 1979, L 197, p . 1 ). The purpose of that regulation is, inter alia, to limit, for reasons of legal certainty, the possibility for the national authorities to take legal action to recover Community duties after clearance . | 0 |
865,289 | 47. As the Court has already held, where the Community authorities have a broad discretion, in particular as to the assessment of highly complex scientific and technical facts in order to determine the nature and scope of the measures which they adopt, review by the Community judicature is limited to verifying whether there has been a manifest error of appraisal or a misuse of powers, or whether those authorities have manifestly exceeded the limits of their discretion. In such a context, the Community judicature cannot substitute its assessment of scientific and technical facts for that of the institutions on which alone the Treaty has placed that task (see Case C‑326/05 P Industrias Químicas del Vallés v Commission [2007] ECR I‑6557, paragraphs 75 to 77).
– The question of flammability | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,290 | 31 Thus, as the Court has recognized on many occasions, the specific subject-matter of a trade mark is in particular to guarantee to the owner that he has the exclusive right to use that trade mark for the purpose of putting a product on the market for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products bearing it illegally (see Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7; Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 7; HAG II, paragraph 14; and IHT Internationale Heiztechnik, paragraph 33). | 31. The general principle of equal treatment, as a general principle of Community law, requires that comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified (see, inter alia, Case 106/83 Sermide [1984] ECR 4209, paragraph 28; Joined Cases C‑133/93, C‑300/93 and C‑362/93 Crispoltoni and Others [1994] ECR I‑4863, paragraphs 50 and 51; Case C‑313/04 Franz Egenberger [2006] ECR I‑6331, paragraph 33, and Case C‑127/07 Arcelor Atlantique et Lorraine and Others [2008] ECR I‑9895, paragraph 23). | 0 |
865,291 | 62. As to the Commission’s argument that European Union law does not provide for the exhaustion of the distribution right in the case of services, it must be recalled that the objective of the principle of the exhaustion of the right of distribution of works protected by copyright is, in order to avoid partitioning of markets, to limit restrictions of the distribution of those works to what is necessary to safeguard the specific subject-matter of the intellectual property concerned (see, to that effect, Case C-200/96 Metronome Musik [1998] ECR I-1953, paragraph 14; Case C-61/97 FDV [1998] ECR I-5171, paragraph 13; and Football Association Premier League and Others , paragraph 106). | 15 IN VIEW OF THE ANSWER TO THE SECOND QUESTION, THE THIRD AND FOURTH QUESTIONS ARE PURPOSELESS . | 0 |
865,292 | 52. Next, the Court has already observed that the facts relating to the nature of the work done and the conditions in which it is carried out may, if appropriate, be considered to be objective factors unrelated to any discrimination on grounds of sex such as to justify any differences in pay between different groups of workers (see, to that effect, in the context of Article 141 EC, Case C‑236/98 JämO [2000] ECR I‑2189, paragraph 52). | 29
Thus, the services provided by an IGP come within the exemption provided for in Article 132(1)(f) of Directive 2006/112 where the provision of those services contributes directly to the exercise of activities in the public interest referred to in Article 132 of that directive (see, by analogy, judgment of 5 October 2016, TMD, C‑412/15, EU:C:2016:738, paragraphs 31 to 33). | 0 |
865,293 | 55 A situation of this kind would be likely to endanger the attainment of the objective of special protection for wild bird life set forth in Article 4 of the birds directive, as interpreted by the case-law of the Court (see, in particular, Case C-44/95 Royal Society for the Protection of Birds [1996] ECR I-3805, paragraphs 23 and 25). | 64 As regards, more particularly, a Commission decision finding that no State aid as alleged by a complainant exists, the Commission must at least, contrary to the submission of the German Government, provide the complainant with an adequate explanation of the reasons for which the facts and points of law put forward in the complaint have failed to demonstrate the existence of State aid. The Commission is not required, however, to define its position on matters which are manifestly irrelevant or insignificant or plainly of secondary importance. | 0 |
865,294 | 48
As regards, in the second place, the principle of proportionality, it is clear from settled case-law that, in the absence of harmonisation of EU legislation in the field of sanctions applicable where conditions laid down by arrangements under that legislation are not complied with, Member States are empowered to choose the sanctions which seem to them to be appropriate. They must, however, exercise their powers in accordance with EU law and its general principles, and, consequently, in accordance with the principle of proportionality (see, inter alia, judgment of 29 July 2010 in Profaktor Kulesza, Frankowski, Jóźwiak, Orłowski, C‑188/09, EU:C:2010:454, paragraph 29). | 30. The use of the words ‘in particular’ in Article 1(2) of that regulation implies that the list contained in that provision is only to be used as a guide. | 0 |
865,295 | 18. The first part of the second plea and the fourth plea put forward in the present case are identical to the first part of the second plea and the fourth plea in Case C-293/00 Netherlands v Commission [2003] ECR I-12775, in which judgment has been given today. As those pleas were rejected in that case (see paragraphs 20 to 30), and in the absence of any new arguments on the part of the Netherlands Government as regards the present case, those pleas must be rejected on the same grounds.
First plea and second part of the second plea
Arguments of the parties | 27. Dans la note 2 dudit point 37, l’«usage captif» est défini comme «la transformation supplémentaire ou l’usage interne du produit concerné par la présente procédure au sein de l’entreprise ou du groupe auquel elle appartient, de telle manière que le produit devienne un (ou une partie d’un) produit différent qui est (en définitive) vendu à des acheteurs indépendants». Y est également souligné que «l’usage captif peut donner lieu, ou non, à une vente sous forme de transfert au sein du groupe auquel la société appartient» et que «la valeur de l’usage captif du produit concerné a été calculée en pourcentage de la valeur des ventes du produit fini aux clients indépendants, ce pourcentage étant basé sur le coût relatif des différents composants du produit fini». Y est enfin précisé que «la valeur de l’usage captif des blocs de carbone et de graphite a été exclue de ce calcul, étant donné que cette valeur est déjà prise en compte dans le chiffre d’affaires déclaré du produit concerné, qui est composé de blocs de carbone et de graphite». | 0 |
865,296 | 43. As a preliminary point, it must be observed that, according to consistent case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation obtaining in that Member State at the end of the period laid down in the reasoned opinion (see, inter alia, Case C-297/05 Commission v Netherlands , paragraph 64 and the case-law cited). The Court cannot take account of any subsequent changes (see, inter alia, the judgments of 18 November 2004 in Case C-482/03 Commission v Ireland , paragraph 11, and of 4 February 2010 in Case C-185/09 Commission v Sweden , paragraph 9). | 38. The second paragraph of Article 11 of the VAT Directive also permits Member States to adopt any measures needed to prevent tax evasion or avoidance through the use of the first paragraph of the article. Such measures may, however, be taken only in compliance with European Union law. Thus, with that reservation, it is permissible for Member States to restrict the application of the scheme provided for under Article 11 to combat tax evasion or avoidance. | 0 |
865,297 | 69. In any event, given that the provisions of the VerpackV do not affect the marketing of drinks produced in Germany and that of drinks from other Member States in the same manner, they cannot fall outside the scope of Article 28 EC ( Keck and Mithouard , paragraphs 16 and 17).
Justification relating to protection of the environment | 36
In this respect, it should be noted that, according to settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments of 13 March 2001, PreussenElektra, C‑379/98, EU:C:2001:160, paragraph 39, and of 21 September 2016, Radgen, C‑478/15, EU:C:2016:705, paragraph 27). | 0 |
865,298 | 39. Toutefois, les États membres sont tenus, en vertu de l’article 4, paragraphe 3, TUE de faciliter à la Commission l’accomplissement de sa mission, consistant notamment, selon l’article 17, paragraphe 1, TUE, à veiller à l’application des dispositions du traité FUE ainsi que des dispositions prises par les institutions de l’Union européenne en vertu de celui-ci (voir, en ce sens, arrêt Commission/Italie, C‑135/05, EU:C:2007:250, point 27 et jurisprudence citée). | 43. However, where the reclamation of the heat generated by the combustion constitutes only a secondary effect of an operation whose principal objective is the disposal of waste, it cannot affect the classification of that operation as a disposal operation. | 0 |
865,299 | 45. As regards an area, in this case the improvement of the conditions of freedom of establishment, which is not among those for which the European Union has exclusive competence, it must be considered whether the objective of the proposed action could be better achieved at EU level (see judgment in British American Tobacco (Investments) and Imperial Tobacco , C‑491/01, EU:C:2002:741, paragraph 180). | 11 ON THE CONTRARY , THE WORD ' OBLIGATION ' IN THE ARTICLE REFERS TO THE CONTRACTUAL OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS .
| 0 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.