Unnamed: 0
int64 0
869k
| 0
stringlengths 36
32.8k
⌀ | 1
stringlengths 8
29.9k
| 2
int64 0
1
|
|---|---|---|---|
865,300 | 27 It may be difficult to determine the cost of certain transactions, for example the registration of a company. In such a case the cost can only be assessed on a flat-rate basis and must be determined in a reasonable manner, taking account, in particular, of the number and qualification of the officials, the time they take and the various material costs necessary for carrying out the transaction (Ponente Carni and Cispadana Costruzioni, paragraph 43). | 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 |
865,301 | 68. According to settled case-law, the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it ( Arnold André , paragraph 45, and Swedish Match , paragraph 47). | 58. L’argumentation de Kendrion selon laquelle elle ne pouvait être condamnée au paiement d’une amende d’un montant supérieur à celui de l’amende infligée à sa filiale est ainsi dépourvue de fondement et doit, partant, être rejetée.
Sur la deuxième branche du troisième moyen
– Argumentation des parties | 0 |
865,302 | 45. In those circumstances, a taxable person can be refused the benefit of the right to deduct only on the basis of the case-law resulting from paragraphs 56 to 61 of Kittel and Recolta Recycling , according to which it must be established, on the basis of objective factors, that the taxable person to whom were supplied the goods or services which served as the basis on which to substantiate the right to deduct, knew, or ought to have known, that that transaction was connected with fraud previously committed by the supplier or another trader at an earlier stage in the transaction. | 90. In that regard, it should be stated at the outset that, as the Advocate General has noted at point 102 of his Opinion, Community law does not preclude a retirement pension being calculated pro rata temporis in the case of part-time employment. | 0 |
865,303 | 63. Where such a finding has been made, as in the present case, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it (Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 15, and Commission v Italy , paragraph 82). | 37 Since, in line with the Kziber and Yousfi judgments cited above, the term "social security" used in Article 39(1) of the Agreement cannot be given a definition different from that which it is recognized as having in the context of Regulation No 1408/71, a benefit of the same kind as the supplementary allowance from the FNS comes within the field of social security within the meaning of that provision. | 0 |
865,304 | 83. The Commission argues that, in doing so, the General Court disregarded the case-law to the effect that, for the purposes of the application of Article 107(1) TFEU, it makes no difference whether the situation of the presumed beneficiary of the measure in question is better or worse over time (judgments in Greece v Commission , 57/86, EU:C:1988:284, paragraph 10, and Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , C‑143/99, EU:C:2001:598, paragraph 41). | 21 Those prerogatives are one of the elements of the institutional balance created by the Treaties . The Treaties set up a system for distributing powers among the different Community institutions, assigning to each institution its own role in the institutional structure of the Community and the accomplishment of the tasks entrusted to the Community . | 0 |
865,305 | 24. In the present case, although the failure alleged is, as in Case C‑276/98, an infringement of Articles 12 and 28 of the Sixth Directive, it should be noted that in that case the Portuguese Republic made no mention, either at the pre-litigation stage or during the written procedure before the Court, of the operator of the services concerned being a concession holder. The only mention of the operator’s legal status was at the hearing, when the representative of that Member State simply referred to the operator in question as a body governed by public law, acting as a public authority (see in that connection Case C‑276/98, paragraph 26). | 27 In its first question, the House of Lords seeks to establish whether it is contrary to Article 6 of the Directive for national provisions to lay down an upper limit on the amount of compensation recoverable by a victim of discrimination. | 0 |
865,306 | 44. A distinction must therefore be made between different treatment permitted under Article 58(1)(a) EC and arbitrary discrimination prohibited under Article 58(3) EC. It is apparent from settled case-law that, in order for national tax rules such as those at issue in the main proceedings – which, for the purposes of calculating inheritance tax, distinguish as to the amount of the tax-free allowance in respect of immovable property located in the Member State concerned according to whether the deceased or the heir resides in that State or whether they both reside in another Member State – to be regarded as compatible with the Treaty provisions on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or justifiable by overriding reasons in the public interest. In order to be justified, moreover, the difference in treatment must not go beyond what is necessary in order to attain the objective of the legislation in question (see Case C-319/02 Manninen [2004] ECR I-7477, paragraph 29; Eckelkamp and Others , paragraphs 58 and 59; Arens-Sikken , paragraphs 52 and 53; and Mattner , paragraph 34).
The comparability of the situations at issue | 398. Contrary to the appellant’s contention, the Court of First Instance did not breach what the appellant alleges to be the criminal-law principle that an admission, even where it is only a partial admission, must necessarily lead to a reduction in the fine, nor did it breach the rights of the defence or the principle non bis in idem . | 0 |
865,307 | 42. Dans ces conditions, la Commission ayant fourni suffisamment d’éléments faisant apparaître certains faits situés sur le territoire de l’État membre défendeur, il incombe à celui-ci de contester de manière substantielle et détaillée les données ainsi présentées et les conséquences qui en découlent (arrêts Commission/Italie, C‑135/05, EU:C:2007:250, point 30 et jurisprudence citée, ainsi que Commission/Italie, C‑297/08, EU:C:2010:115, point 102 et jurisprudence citée). | 51. It should be stated at the outset that the free movement of goods is one of the fundamental principles of the Community. | 0 |
865,308 | 51. It cannot be excluded from the outset that, as the Court has already ruled with respect to hospitals (Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 80, and Watts , paragraphs 108 to 110), establishments providing outpatient care such as doctors’ surgeries and outpatient clinics may also be the subject of planning. | 53. AGST relied solely on Mukand and Others v Council to claim that the conclusions therein apply to Regulation No 1599/1999, since stainless steel wires belong, just like stainless steel bars, in the category of so‑called ‘long’ products, and on the similarity between the two products in respect of the calculation of the alloy surcharge. | 0 |
865,309 | 29. In those circumstances, in order to determine whether the undertaking in a dominant position has abused that position by applying a rebate scheme such as that at issue in the main proceedings, the Court has repeatedly held that it is necessary to consider all the circumstances, particularly the criteria and rules governing the grant of the rebate, and to investigate whether, in providing an advantage not based on any economic service justifying it, the rebate tends to remove or restrict the buyer’s freedom to choose his sources of supply, to bar competitors from access to the market, to apply dissimilar conditions to equivalent transactions with other trading parties or to strengthen the dominant position by distorting competition (judgments in British Airways v Commission , C‑95/04 P, EU:C:2007:166, paragraph 67, and Tomra Systems and Others v Commission , C‑549/10 P, EU:C:2012:221, paragraph 71). | 17. In order to answer the question referred to the Court, it should be pointed out that it appears from the third and fifth recitals in the preamble to Directive 92/81 that the directive is intended to determine a number of common definitions for mineral oil products which are to be subject to the general excise system and to lay down certain exemptions relating to those products which are obligatory at Community level. | 0 |
865,310 | 28 At the outset it should be recalled that, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, Case C-264/96 ICI [1998] ECR I-4695, paragraph 19, Case C-311/97 Royal Bank of Scotland [1999] ECR I-2651, paragraph 19 and Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 32). | 64. It is apparent from paragraphs 24 and 25 above that it is unnecessary to show that the users of such files actually make copies for private use, as such users are rightly presumed to benefit fully from the making available of those files. It follows that if a rightholder allows a natural person to use such files, by making them available to that person, the simple fact that those files may be used for the purpose of reproducing protected works justifies the application of the private copying levy. | 0 |
865,311 | 110. On the other hand, it is important to point out that, in paragraph 15 of Case 222/86 Heylens and Others [1987] ECR 4097, the Court expressly acknowledged that the authorities could notify the reasons on which a refusal is based in a subsequent communication. | 18. With a view to achieving those aims, the European Union legislature provided, in Article 30(2) of the Universal Service Directive, that the NRAs are to ensure that pricing for interconnection related to the provision of number portability is cost oriented and that direct charges to subscribers, if any, do not act as a disincentive for the use of these facilities (see Mobistar , paragraph 26). | 0 |
865,312 | 53 It is settled case-law that medical activities fall within the scope of Article 60 of the Treaty, there being no need to distinguish in that regard between care provided in a hospital environment and care provided outside such an environment (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16; Society for the Protection of Unborn Children Ireland, paragraph 18, concerning advertising for clinics involved in the deliberate termination of pregnancies; and Kohll, paragraphs 29 and 51). | 47
The Court has held that, in the light of the conditions which must be satisfied before it may be found that there is an irregularity, noted in paragraph 38 above, the date from which the limitation period begins to run is the date of the event that last occurs, namely either the date of the occurrence of the prejudice, where the prejudice occurs after the act or omission infringing EU law, or the date of that act or omission, where the advantage at issue has been granted before the act or omission (see, to that effect, judgment of 6 October 2015, Firma Ernst Kollmer Fleischimport und -export, C‑59/14, EU:C:2015:660, paragraph 26). | 0 |
865,313 | 101. As to the question whether, in the present case, it was necessary to define a reference investor, it should be noted that the case-law relied upon in that regard by the Commission, the EFTA Surveillance Authority and Iberdrola concerns a situation marked by the impossibility of comparing the position of a public undertaking operating in a reserved sector with that of a private undertaking not operating in a reserved sector (see, to that effect, Joined Cases C-83/01 P, C-93/01 P and C-94/01 P Chronopost and Others v Ufex and Others [2003] ECR I-6993, paragraph 38). | 23. However, the effect on trade within the Union of the other provisions of the domestic legislation, which are separable from the operation of the monopoly although they have a bearing upon it, must be examined in the light of Article 34 TFEU (see, inter alia, Franzén , paragraph 36, and Rosengren and Others , paragraph 18). | 0 |
865,314 | 76. That conclusion contradicts, however, the Court of Justice’s case-law, from which it is apparent that if, as in the case in point, recognition of the alleged illegality is such as to procure an advantage for the applicant, it establishes that his interest in bringing proceedings for annulment is retained even where the contested act has ceased to have effect after he brought his action (see, to that effect, M. v Commission , paragraphs 5 and 6; AKZO Chemie and AKZO Chemie UK v Commission ; Culin v Commission , paragraphs 27 to 29; and Abdulrahim v Council and Commission , paragraph 79). | 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 |
865,315 | 21. The Court has repeatedly held that the right to deduct provided for in Article 167 et seq. of Directive 2006/112 is an integral part of the VAT scheme and in principle may not be limited. The right to deduct is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, inter alia, Joined Cases C‑110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I‑1577, paragraph 43; Case C‑63/04 Centralan Property [2005] ECR I‑11087, paragraph 50; Joined Cases C‑439/04 and C‑440/04 Kittel and Recolta Recycling [2006] ECR I‑6161, paragraph 47; and Mahagében and Dávid , paragraph 38). | 18 The situation would be different only if it was apparent that the legislation at issue protected domestic products which were similar to processed milk for infants from other Member States or which were in competition with milk of that type. | 0 |
865,316 | Or, les première, deuxième, quatrième et septième branches du deuxième moyen visent à contester les différentes appréciations opérées par le Tribunal, tant en ce qui concerne les éléments dominant l’impression d’ensemble produite par la marque contestée que le degré de similitude des marques en conflit, le degré de similitude des produits et services concernés, ou l’absence de risque global de confusion, ces appréciations relevant toutes de considérations d’ordre factuel (voir, par analogie, ordonnance du 16 mai 2013, Arav/H.Eich et OHMI, C‑379/12 P, non publiée, EU:C:2013:317, points 42, 81 et 82 ; arrêt du 19 mars 2015, MEGA Brands International/OHMI, C‑182/14 P, EU:C:2015:187, points 48 à 51, ainsi que ordonnance du 7 avril 2016, Harper Hygienics/EUIPO, C‑475/15 P, non publiée, EU:C:2016:264, points 35 et 36). | 45. In this respect, it is appropriate first of all to reject the line of argument of the Belgian Government according to which a person such as Ms Prete, in particular if she resides close to the border with the Member State in which she has completed her studies, is more likely to enter the labour market of that State, with which she has a connection. Firstly, it must be stated that the knowledge acquired by a student in the course of his higher education does not in general assign him to a particular geographical employment market (see, to this effect, Case C-209/03 Bidar [2005] ECR I-2119, paragraph 58). Secondly, it must be noted that the circumstances thus put forward by the Belgian Government to justify the possible existence of a link between the claimant and the French labour market are not, in any event, such as to prevent such a link with the Belgian labour market being formed in the circumstances at issue in the main proceedings. | 0 |
865,317 | 16
First of all, it should be borne in mind that the Brussels I Regulation seeks to unify the rules of conflict of jurisdiction in civil and commercial matters by way of rules of jurisdiction which are highly predictable and accordingly pursues an objective of legal certainty which consists in strengthening the legal protection of persons established in the European Union, by enabling the applicant to identify easily the court in which he may sue and the defendant reasonably to foresee before which court he may be sued (see, to this effect, judgment of 23 April 2009 in Falco Privatstiftung and Rabitsch, C‑533/07, EU:C:2009:257, paragraphs 21 and 22). | 39 In those circumstances, the provision must not be interpreted strictly and cannot, failing any clear indication to that effect, be construed as requiring the Turkish migrant worker still to be employed in the host Member State at the time when his child wishes to gain access to the employment market there. | 0 |
865,318 | 36. As regards the manner in which those prices must be set, Article 23(1) of Regulation No 1008/2008 requires, in particular, on the one hand, that the unavoidable and foreseeable items included in the price of the air service are always specified as elements of the final price to be paid, and, on the other hand, that the price supplements, which relate to services that are neither compulsory nor necessary for the air service itself, are communicated in a clear, transparent and unambiguous way at the start of any booking process, and that their acceptance by the customer must be on an opt-in basis (see, to that effect, ebookers.com Deutschland , EU:C:2012:487, paragraph 14). | 42. In order to determine whether an action falls within the scope of the Brussels Convention, only the subject-matter of that action must be taken into account. It would be contrary to the principle of legal certainty, which is one of the objectives pursued by that convention, for its applicability to vary according to the existence or otherwise of a preliminary issue, which might be raised at any time by the parties (see, to that effect, Case C-190/89 Rich [1991] ECR I-3855, paragraphs 26 and 27, and Case C-129/92 Owens Bank [1994] ECR I-117, paragraph 34). | 0 |
865,319 | 27. En ce qui concerne la notification des dispositions en vigueur à la Commission, la République de Pologne admet, dans son mémoire en défense, que la loi et les règlements nationaux qui, selon elle, mettent en œuvre la directive n’ont été communiqués à la Commission que le 23 janvier 2009, à savoir postérieurement à l’expiration du délai imparti à cet État membre dans l’avis motivé. Il est donc constant que, au terme dudit délai, à savoir à la date prise en compte pour déterminer l’existence d’un manquement (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15), lesdites dispositions n’avaient pas été notifiées à la Commission. | 71. Such legislation amounts to excluding the right to deduct VAT where the prerequisites for the existence of that right are not satisfied. | 0 |
865,320 | 38. In such a situation, since the parent company and its subsidiary form a single economic unit and therefore form a single undertaking for the purposes of Article 81 EC, the Commission may address a decision imposing fines on the parent company, without having to establish the personal involvement of the latter in the infringement (see, to that effect, Akzo Nobel and Others v Commission , paragraph 59). | 43. Directive 2000/78 aims to combat certain types of discrimination as regards employment and occupation. In that context, the concept of ‘disability’ must be understood as referring to a limitation which results in particular from physical, mental or psychological impairments and which hinders the participation of the person concerned in professional life. | 0 |
865,321 | 10 In replying to the question from the national court, it should first be observed that the Court has consistently held that the phrase "matters relating to a contract" in Article 5(1) of the Convention is to be interpreted independently, having regard primarily to the objectives and general scheme of the Convention, in order to ensure that it is applied uniformly in all the Contracting States (see the judgment in Case 34/82 Martin Peters Bauunternehmung v Zuid Nederlandse Aannemers Vereniging [1983] ECR 987, paragraphs 9 and 10, and the judgment in Case 9/87 Arcado v Haviland [1988] ECR 1539, paragraphs 10 and 11). The phrase should not therefore be taken as referring to how the legal relationship in question before the national court is classified by the relevant national law. | 97. It follows from those factors that, when internet users enter the name of a trade mark as a search term, the home and advertising page of the proprietor of that mark will appear in the list of the natural results, usually in one of the highest positions on that list. That display, which is, moreover, free of charge, means that the visibility to internet users of the goods or services of the proprietor of the trade mark is guaranteed, irrespective of whether or not that proprietor is successful in also securing the display, in one of the highest positions, of an ad under the heading ‘sponsored links’. | 0 |
865,322 | 35. As regards the second plea of inadmissibility, deriving from the absence of any legal interest in proving a failure to fulfil obligations concerning the period prior to 1 January 1992 where there is no claim for payment of default interest, suffice it to note that the failure by a Member State to fulfil an obligation imposed by a rule of Community law in itself constitutes a failure to fulfil obligations (see, inter alia, Case C‑363/00 Commission v Italy [2003] ECR I-5767, paragraph 47). | 84. In particular, in order to determine the loss or damage for which reparation may be granted, the national court may inquire whether the injured person showed reasonable diligence in order to avoid the loss or damage or limit its extent and whether, in particular, he availed himself in time of all the legal remedies available to him. | 0 |
865,323 | 35
Indeed, according to settled case-law of the Court, the general principle of EU law of respect for the rights of the defence is not an unfettered prerogative but may be restricted, provided that the restrictions in fact correspond to objectives of public interest pursued by the measure in question and do not constitute, in the light of the objectives pursued, a disproportionate and intolerable interference which impairs the very substance of the rights guaranteed (judgments of 26 September 2013, Texdata Software, C‑418/11, EU:C:2013:588, paragraph 84, and of 3 July 2014, Kamino International Logistics and Datema Hellmann Worldwide Logistics, C‑129/13 and C‑130/13, EU:C:2014:2041, paragraph 42). | 84. However, it is settled case-law that fundamental rights do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not involve, in the light of the objectives pursued, a disproportionate and intolerable interference which impairs the very substance of the rights guaranteed (see, to that effect, Dokter and Others , paragraph 75, and Joined Cases C‑317/08 to C‑320/08 Alassini and Others [2010] ECR I‑2213, paragraph 63 and the case-law cited). | 1 |
865,324 | 31. Accordingly, when the information provided by the national court is sufficient to explain the subject-matter of the dispute in the main proceedings and the main issues raised by it for the European Union legal order as well as to enable, first, the Member States to submit their observations in accordance with Article 23 of the Statute of the Court of Justice and to participate effectively in the proceedings before the Court and, second, the Court to provide an answer which will be of use to the national court, the reference for a preliminary ruling must be regarded as admissible (see, to that effect, Schröder , paragraphs 19, 21 and 22). | 46. The mere fact that a Member State has opted for a system of protection which differs from that adopted by another Member State cannot affect the assessment of the need for and proportionality of the relevant provisions. Those provisions must be assessed solely by reference to the objectives pursued by the competent authorities of the Member State concerned and the level of protection which they seek to ensure ( Liga Portuguesa de Futebol Profissional and Bwin International , paragraph 58). | 0 |
865,325 | 41. As regards, in particular, the possibility of seeking compensation for loss caused by a contract or conduct liable to restrict or distort competition, it should be recalled that the full effectiveness of Article 81 EC and, in particular, the practical effect of the prohibition laid down in Article 81(1) EC would be put at risk if it were not open to any person to claim damages for loss caused to him by a contract or conduct liable to restrict or distort competition (see Case C‑453/99 Courage and Crehan [2001] ECR I‑6297, paragraph 26, and Manfredi and Others , paragraph 60). | 49. In that regard, the Court observes that, although admittedly certain portions of the line of argument put forward by the appellants in the context of their first and second grounds of appeal may lack rigour, that line of argument does, however, appear overall to be sufficiently clear for the purposes of identifying with the necessary precision the elements of the judgment under appeal which are being challenged, and the legal arguments relied on in support of that challenge, and thus enables the Court to carry out its review of the lawfulness thereof. | 0 |
865,326 | 41. It follows that, first, while it might be convenient, in certain circumstances, for questions of purely national law to be settled at the time the reference is made to the Court (see Joined Cases 36/80 and 71/80 Irish Creamery Milk Suppliers Association and Others [1981] ECR 735, paragraph 6), national courts have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation of provisions of EU law, or consideration of their validity, necessitating a decision on their part (see, inter alia, Case 166/73 Rheinmühlen‑Düsseldorf [1974] ECR 33, paragraph 3; Case C‑348/89 Mecanarte [1991] ECR I‑3277, paragraph 44; and Case C‑210/06 Cartesio [2008] ECR I‑9641, paragraph 88). | 91. Such rules, which grant a legal person such as the OTOC the power to rule unilaterally on applications for registration or approval submitted with a view to the organisation of training sessions, without that power being made subject by those rules to limits, obligations or a review, could lead the legal person holding such power to distort competition by favouring the training which it organises itself (see, by analogy, MOTOE , paragraph 52). | 0 |
865,327 | 69. However, even if Regulation No 1788/2003, which applies to all recipients of reference quotas alike, did in fact place a heavier burden on small producers than on large producers, it must be held that the fact that a measure adopted within the framework of the common organisation of the market may affect producers in different ways, depending upon the particular nature of their production, does not constitute discrimination if that measure is determined on the basis of objective criteria which are adapted to meet the needs of the general common organisation of the market. That is true of the milk quota and levy system, which is arranged in such a way that national and individual reference quantities are set at such a level that their total does not exceed the overall guaranteed reference quantity for each Member State (see, by analogy, Hierl , paragraph 19 and the case-law cited). | Buzzi Unicem soutient, en substance, que le Tribunal a commis une erreur de droit en estimant que le moyen tiré du défaut
de motivation de la décision litigieuse n’était pas fondé et devait être rejeté. Il s’agit d’une question de droit soumise
au contrôle de la Cour dans le cadre d’un pourvoi (voir arrêt Commission/Salzgitter, C‑408/04 P, EU:C:2008:236, point 55 et
jurisprudence citée). Le premier moyen est, partant, recevable. | 0 |
865,328 | 81. Situations falling within the material scope of EU law include those involving the exercise of the fundamental freedoms guaranteed by the Treaties, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 21 TFEU (see, to that effect, Grzelczyk , paragraph 33; D’Hoop , paragraph 29; and Rüffler , paragraph 63 and the case-law cited). | 35 In view of all the circumstances set out above it appears, on the one hand, that various factors known to the institutions were in any event such as to raise doubts as to the appropriateness of Sri Lanka as a reference country and, on the other hand, that the institutions did not make a serious or sufficient attempt to determine whether Taiwan could be considered as an appropriate reference country. | 0 |
865,329 | 21. As a preliminary point, it should be observed that, according to settled case-law, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law (Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 32; Lenz , paragraph 19; and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 19). | Par ailleurs, il convient de rappeler qu’un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations résultant du droit de l’Union (arrêt du 2 décembre 2014, Commission/Grèce, C‑378/13, EU:C:2014:2405, point 29). | 0 |
865,330 | 33. It must be borne in mind that, according to settled case-law of the Court, the concept of ‘supply of goods’ referred to in Article 14(1) of Directive 2006/112 does not refer to the transfer of ownership in accordance with the procedures prescribed by the applicable national law but covers any transfer of tangible property by one party which empowers the other party actually to dispose of it as if he were its owner (see Case C‑320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I‑285, paragraph 7; Case C‑435/03 British American Tobacco and Newman Shipping [2005] ECR I‑7077, paragraph 35; and Case C‑237/09 De Fruytier [2010] ECR I‑4985, paragraph 24). | 41. In that regard, the fact that the sign in question could be denied registration on the basis of a number of grounds for refusal is irrelevant so long as any one of those grounds fully applies to that sign. | 0 |
865,331 | 32. For there to be a contract within the meaning of Article 1(a) of Directive 93/36, there must have been an agreement between two separate persons ( Teckal , paragraph 49). | 104 As regards the third part of the plea, the contested decision contains admittedly only a brief résumé of the grounds on which the Commission refused to apply the derogation provided for by Article 92(2)(c) of the Treaty to the facts of the case. | 0 |
865,332 | 30. However, in 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. To that end, the Court may have to reformulate the questions referred to it. The Court has a duty to interpret all provisions of European Union law which national courts require in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (see, to that effect, inter alia, Case C‑45/06 Campina [2007] ECR I‑2089, paragraphs 30 and 31, and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 39). | 31. Moreover, it must be recalled that the Court has a duty to interpret all provi sions of Community law which national courts need in order to decide the actions pending before them, even if those provisions are not expressly indicated in the questions referred to the Court of Justice by those courts (Case C-42/96 Immobiliare SIF [1997] ECR I-7089, paragraph 28 and the case‑law cited). | 1 |
865,333 | 46. It is thus clear from case-law that, 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 general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 37. It follows that the Finnish tax legislation makes the grant of the tax credit subject to the condition that the dividends be distributed by companies established in Finland, while shareholders fully taxable in Finland find themselves in a comparable situation, whether they receive dividends from companies established in that Member State or from companies established in other Member States (see, to that effect, Case C-107/94 Asscher [1996] ECR I‑3089, paragraphs 41 to 49, and Case C-234/01 Gerritse [2003] ECR I-5933, paragraphs 47 to 54). | 1 |
865,334 | 31 It should be borne in mind that, as the Court has already pointed out in the Duphar judgment, mentioned above, although the exclusion of a pharmaceutical product from reimbursement by the social security institutions may result in its complete disappearance from the national market, States must, because of the specific nature of the trade in pharmaceutical products, which is characterized by the coverage to a large extent of their cost by the social security institutions, be permitted to regulate the consumption of such products, particularly in order to promote the financial stability of those institutions, in particular by determining the products which may be reimbursable. However, decisions in that regard must not discriminate against imported products and must be based on objective criteria that are independent of the origin of the products and verifiable by any importer. The Commission' s allegations must be examined in the light of those principles. | 43. In this context, it is for the national court to assess whether it may take into account those statistics, that is to say, whether they cover enough individuals, whether they illustrate purely fortuitous or short-term phenomena, and whether, in general, they appear to be significant (see, to that effect, Enderby , paragraph 17, and Seymour-Smith and Perez , paragraph 62). | 0 |
865,335 | 72. According to settled case-law, if the grounds of a judgment of the Court of First Instance disclose an infringement of Community law but its operative part is shown to be well founded on other legal grounds, the appeal must be dismissed (see, in particular, Case C‑30/91 P Lestelle v Commission [1992] ECR I‑3755, paragraph 28, and Joined Cases C‑120/06 P and C‑121/06 P FIAMM and Others v Council and Commission [2008] ECR I‑0000, paragraph 187). | 48 Second, in a situation such as that in point in the main proceedings, the consumer and the professional vendor were indubitably linked contractually once Mr Gabriel had ordered goods offered by Schlank & Schick, thereby demonstrating his acceptance of the offer - including all conditions attaching thereto - which that company had sent to him in person. | 0 |
865,336 | 37. Finally, it must be noted that a restriction, whose purpose or effect is to make the exercise by a Turkish national of the freedom of establishment in national territory subject to conditions more restrictive than those applicable at the date of entry into force of the Additional Protocol, is prohibited, unless it is justified by an overriding reason in the public interest, is suitable to achieve the legitimate objective pursued and does not go beyond what is necessary in order to attain it (see, by analogy, judgment in Demir , C‑225/12, EU:C:2013:725, paragraph 40). | 51. In addition, the Court has already held that punishable acts consisting of exporting and of importing the same narcotic drugs and which are prosecuted in different Contracting States party to the CISA are, in principle, to be regarded as ‘the same acts’ for the purposes of Article 54 ( Van Esbroeck , paragraph 42). | 0 |
865,337 | 32. Thus, the penalties which the Member States may adopt in order to ensure the correct collection of VAT and to prevent evasion, and in particular in order to ensure that taxable persons comply with their obligations regarding rectification of their accounts following cancellation of an invoice on the basis of which they have made a deduction, cannot, in the first place, undermine the neutrality of VAT, which is a fundamental principle of the common system of VAT and prevents economic operators carrying out the same transactions from being treated differently in relation to the levying of VAT (see, to this effect, Case C-188/09 Profaktor Kulesza, Frankowski, Jóźwiak, Orłowski [2010] ECR I-7639, paragraph 26 and the case-law cited, and Case C-500/10 Belvedere Costruzioni [2012] ECR I-0000, paragraph 22). | 36 Since applications made in connection with the implementation of the Directive and those made under the compensation scheme laid down by it differ as to their objective, there is no need to undertake a comparison of the procedural rules governing them. | 0 |
865,338 | 34. The Court has also held that the explanatory notes to the CN and those to the HS are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see Intermodal Transports , paragraph 48; Possehl Erzkontor , paragraph 20; and Proxxon , paragraph 22). Where it is apparent that they are contrary to the wording of the headings of the CN and the section or chapter notes, the explanatory notes to the CN must be disregarded (see Case C-229/06 Sunshine Deutschland Handelsgesellschaft [2007] ECR I-3251, paragraph 31). | 31
That conclusion is confirmed by recital 5 of Regulation No 1/2003, which expressly states that the regulation does not affect national rules on the standard of proof. | 0 |
865,339 | 25 In those judgments, the Court, having regard to the circumstances in each case, held that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties (judgments cited above in Brasserie du Pêcheur and Factortame, paragraph 51; Dillenkofer and Others, paragraphs 21 and 23; and Denkavit and Others, paragraph 48). | 63. Quant à la présente affaire, la Cour considère que l’ensemble des éléments juridiques et factuels entourant le manquement constaté constitue un indicateur de ce que la prévention effective de la répétition future d’infractions analogues au droit de l’Union est de nature à requérir l’adoption d’une mesure dissuasive telle que l’imposition d’une somme forfaitaire (voir, en ce sens, arrêts Commission/Grèce, C‑369/07, EU:C:2009:428, point 145, et Commission/Espagne, EU:C:2012:781, point 142).
– Sur le montant de la somme forfaitaire | 0 |
865,340 | 104
According to the Court’s case-law, Article 23(1) of Directive 2008/50 has a general scope because it applies, without being limited in time, to breaches of any pollutant limit value established by that directive, after the deadline fixed for its application, whether that deadline is fixed by Directive 2008/50 or by the Commission under Article 22 of the directive (see judgment of 19 November 2014, ClientEarth, C‑404/13, EU:C:2014:2382, paragraph 48). | 68. As the Court has already pointed out, the objective pursued by the rules of EU law governing equality between men and women is, with regard to the rights of pregnant women and women who have given birth, to protect those women before and after they give birth (see Case C‑191/03 McKenna [2005] ECR I‑7631, paragraph 42). | 0 |
865,341 | 53. Within the framework of its domestic law, it may, if appropriate, also order the recovery of the unlawful aid, without prejudice to the Member State’s right to re‑implement it, subsequently. It may also be required to uphold claims for compensation for damage caused by reason of the unlawful nature of the aid (see, to that effect, SFEI and Others , paragraph 75, and Transalpine Ölleitung in Österreich and Others , paragraph 56). | 56. Depending on what is possible under national law and the remedies available thereunder, the national court may thus, according to the case, be called upon to order recovery of unlawful aid from its recipients, even if that aid has subsequently been declared compatible with the common market by the Commission. In the same way, a national court may be required to rule on an application for compensation for the damage caused by reason of the unlawful nature of the aid. | 1 |
865,342 | 18. It follows from Article 168 of the VAT Directive that, in so far as the taxable person, acting as such at the time when he acquires goods, uses the goods for the purposes of his taxed transactions, he is entitled to deduct the VAT paid or payable in respect of the goods (see, inter alia, judgment in Klub , C‑153/11, EU:C:2012:163, paragraph 36 and the case-law cited). | 61. A measure to which there is so broad an exception as that for dentists practising outside the panel system cannot be regarded as essential for the protection of public health. If the aim of the age limit at issue in the main proceedings is the protection of patients’ health, from the point of view of the competence of the practitioners concerned, clearly patients are not protected where the exception applies. The exception thus appears to run counter to the objective pursued. Moreover, it is not limited temporally and, although no figures have been supplied, it potentially applies to all dentists and appears liable to concern a not inconsiderable number of patients. | 0 |
865,343 | 24. Ensuite, il y a lieu de rappeler que, en l’absence d’une telle définition, la portée de ladite notion, figurant à l’article 3 du règlement de base et incluant, en vertu de l’article 4, paragraphe 1, sous a) et b), du règlement d’application, tant les «installations nécessaires à la production de sucre» que les «installations [...] directement liée[s] à la production de sucre», doit être établie, selon une jurisprudence constante de la Cour, en considération du contexte général dans lequel elle est utilisée et conformément à son sens habituel en langage courant (voir, en ce sens, arrêts du 4 mai 2006, Massachusetts Institute of Technology, C‑431/04, Rec. p. I‑4089, point 17 et jurisprudence citée, ainsi que du 13 décembre 2012, BLV Wohn- und Gewerbebau, C‑395/11, point 25). Enfin, il y a lieu, pour l’interprétation d’une disposition du droit de l’Union, de tenir compte des objectifs poursuivis par la réglementation dont elle fait partie (voir, en ce sens, arrêt du 29 janvier 2009, Petrosian, C‑19/08, Rec. p. I‑495, point 34 et jurisprudence citée). | 9. Il y a lieu d’ajouter, au demeurant, que, selon une jurisprudence également constante, un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier le non-respect des obligations et délais prescrits par une directive (voir, notamment, arrêts du 10 avril 2003, Commission/France, C-114/02, Rec. p. I-3783, point 11, et du 26 février 2008, Commission/Luxembourg, C-273/07, point 10). | 0 |
865,344 | 88. In that regard, it is apparent from all the abovementioned provisions that the interest of the service may be a legitimate objective that can be taken into consideration. In particular, as stated in paragraph 82 above, Article 1(d) of the Staff Regulations authorises limitations on the principles of non-discrimination and proportionality. Those interests of the service must however be objectively justified and the required level of knowledge of languages must be proportionate to the genuine needs of the service (see, to that effect, Case 79/74 Küster v Parliament [1975] ECR 725, paragraphs 16 and 20, and Case 22/75 Küster v Parliament [1975] ECR 1267, paragraphs 13 and 17). | 30 Also, it is clear from the order of the Court of 4 February 2000 in Case C-17/98 Emesa Sugar v Aruba [2000] ECR I-0000, paragraph 18) that it is precisely in deference to Article 6 of the EHRC and to the very purpose of every individual's right to adversarial proceedings and to a fair hearing within the meaning of that provision that the Court may of its own motion, on a proposal from the Advocate General or at the request of the parties, order that the oral procedure be re-opened, in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties. | 0 |
865,345 | 31. According to consistent case-law, it is for the Court to provide the national court with all those elements for the interpretation of Community law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its questions (Case C‑456/02 Trojani [2004] ECR I‑7573, paragraph 38; Case C‑258/04 Ioannidis [2005] ECR I‑8275, paragraph 20). | 18 IT SHOULD BE NOTED IN THE FIRST PLACE THAT THE APPLICANT DOES NOT DISPUTE THAT , DESPITE BT ' S STATUS AS A NATIONALIZED INDUSTRY , ITS MANAGEMENT OF PUBLIC TELECOMMUNICATIONS EQUIPMENT AND ITS PLACING OF SUCH EQUIPMENT AT THE DISPOSAL OF USERS ON PAYMENT OF A FEE DO INDEED AMOUNT TO A BUSINESS ACTIVITY WHICH AS SUCH IS SUBJECT TO THE OBLIGATIONS IMPOSED BY ARTICLE 86 OF THE TREATY .
| 0 |
865,346 | 91. It is true that the assessment which a Member State is required to make may reveal a high degree of scientific and practical uncertainty in that regard. Such uncertainty, which is inseparable from the concept of precaution, influences the extent of the discretion of the Member State and thus has an impact on the means of applying the proportionality principle. In such circumstances, it must be acknowledged that a Member State may, under the precautionary principle, take protective measures without having to wait for the reality and the seriousness of those risks to be fully demonstrated (see, to that effect, Case C-157/96 National Farmers’ Union and Others [1998] ECR I‑2211, paragraph 63, and Commission v Netherlands , paragraphs 51 and 52). However, the assessment of the risk cannot be based on purely hypothetical considerations (see, to that effect, Case C‑236/01 Monsanto Agricoltura Italia and Others [2003] ECR I‑8105, paragraph 106; Commission v Denmark , paragraph 49; and Commission v Netherlands , paragraph 52). | 44. It is therefore, in principle, irrelevant for the classification of the act in question whether or not it satisfies certain formal requirements, namely, that it is duly named by its author; that it is sufficiently reasoned, and that it mentions the provisions providing the legal basis for it (see, as regards the requirement of being sufficiently reasoned, Case C-39/93 P SFEI and Others v Commission [1994] ECR I-2681, paragraph 31) . It is therefore irrelevant that the act may not be described as a ‘decision’ or that it does not refer to Article 4(2), (3) or (4) of Regulation No 659/1999. It is also of no importance that the Member State concerned was not notified of it by the Commission, infringing Article 25 of that regulation, as such an error is not capable of altering the substance of that act (see, in that regard, Case C-57/95 France v Commission [1997] ECR I-1627, paragraph 22). | 0 |
865,347 | 49. The Court of First Instance has exclusive jurisdiction to make findings of fact, save where a substantive inaccuracy in its findings is attributable to the documents submitted to it, and to appraise those facts. That appraisal thus does not, save where the clear sense of the evidence produced before it has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, in this respect, Case C‑104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22, and Joined Cases C‑456/01 P and C‑457/01 P Henkel v OHIM [2004] ECR I‑5089, paragraph 41). | 95. L’existence d’une telle décision doit pouvoir être constatée à partir d’éléments objectifs et correspondre à une expression claire et définitive de la position de la Commission à l’égard de la mesure en cause. | 0 |
865,348 | 81 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whether the relevant procedural rules have been complied with, whether the facts on which the choice is based have been accurately stated and whether there has been a manifest error of appraisal or a misuse of powers. | 60. Par ailleurs, il importe que, lorsque des incertitudes subsistent quant à l’existence ou à l’importance de risques pour la santé des personnes, l’État membre puisse prendre des mesures de protection sans avoir à attendre que la réalité de ces risques soit pleinement démontrée. En particulier, un État membre peut prendre les mesures qui réduisent, autant que possible un risque pour la santé, y compris plus précisément un risque pour l’approvisionnement en médicaments de la population sûr et de qualité (voir arrêts précités Apothekerkammer des Saarlandes e.a., point 30, ainsi que Blanco Pérez et Chao Gómez, point 74). | 0 |
865,349 | 36. In addition, it must be observed that whilst the Court does not have jurisdiction under Article 234 EC to apply the rules of Community law to a particular case or to judge the compatibility of provisions of national law with those rules, it may provide a national court with all the elements relating to the interpretation of Community law which may be useful to it in assessing the effects of the provisions of that law (see Case C‑181/00 Flightline [2002] ECR I‑6139, paragraph 20). | 20 In that regard it must first of all be observed that whilst the Court does not have jurisdiction under Article 234 EC to apply the rules of Community law to a particular case or to judge the compatibility of provisions of national law with those rules, it may provide a national court with all the elements relating to the interpretation of Community law which may be useful to it in assessing the effects of the provisions of that law (see the judgment in Case 128/88 Di Felice [1989] ECR 923, paragraph 7). | 1 |
865,350 | 82
The Court has consistently held that, in order to assess whether a Member State has observed the principle of proportionality in the field of public health, account must be taken of the fact that the health and life of humans rank foremost among the assets and interests protected by the FEU Treaty and that it is for the Member States to determine the degree of protection which they wish to afford to public health and the way in which that degree of protection is to be achieved. Since the degree of protection may vary from one Member State to another, Member States must be allowed a measure of discretion (see, inter alia, judgments of 11 September 2008, Commission v Germany, C‑141/07, EU:C:2008:492, paragraph 51; of 19 May 2009, Apothekerkammer des Saarlandes and Others,C‑171/07 and C‑172/07, EU:C:2009:316, paragraph 19; of 21 June 2012, Susisalo and Others, C‑84/11, EU:C:2012:374, paragraph 28; of 5 December 2013, Venturini and Others, C‑159/12 to C‑161/12, EU:C:2013:791, paragraph 59; and of 19 October 2016, Deutsche Parkinson Vereinigung, C‑148/15, EU:C:2016:776, paragraph 30). | 168. As is apparent from recital 33 in the preamble to the Copyright Directive, a use should be considered lawful where it is authorised by the right holder or where it is not restricted by the applicable legislation. | 0 |
865,351 | 27
Accordingly, the determination of the meaning and scope of the concept of ‘defective goods’ must be determined, in accordance with the established case-law of the Court, by considering its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it forms part (judgments of 22 December 2008, Wallentin-Hermann, C‑549/07, EU:C:2008:771, paragraph 17, and of 22 November 2012, Probst, C‑119/12, EU:C:2012:748, paragraph 20). | 23 Likewise the reference in Article 13 to the rights which an injured person may rely on under a special liability system existing at the time when the Directive was notified must be construed, as is clear from the third clause of the 13th recital thereto, as referring to a specific scheme limited to a given sector of production. | 0 |
865,352 | 19. However, it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or to decide whether the interpretation given by the national court of those provisions is correct (see, to that effect, Case C‑58/98 Corsten [2000] ECR I-7919, paragraph 24). The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (see Case C‑475/99 Ambulanz Glöckner [2001] ECR I‑8089, paragraph 10; Case C‑136/03 Dörr and Ünal [2005] ECR I‑4759, paragraph 46; and Case C‑419/04 Conseil général de la Vienne [2006] ECR I-5645, paragraph 24). | 50 As the Advocate General also states in point 37 of his Opinion, the situation is different where doctors in primary care teams are on call by being contactable at all times without having to be at the health centre. Even if they are at the disposal of their employer, in that it must be possible to contact them, in that situation doctors may manage their time with fewer constraints and pursue their own interests. In those circumstances, only time linked to the actual provision of primary care services must be regarded as working time within the meaning of Directive 93/104. | 0 |
865,353 | 44. Two supplies of services are therefore similar where they have similar characteristics and meet the same needs from the point of view of consumers, the test being whether their use is comparable, and where the differences between them do not have a significant influence on the decision of the average consumer to use one such service or the other (see, to that effect, Case C-481/98 Commission v France , paragraph 27, and, by analogy, Joined Cases C-367/93 to C-377/93 Roders and Others [1995] ECR I-2229, paragraph 27, and Case C‑302/00 Commission v France [2002] ECR I-2055, paragraph 23). | 11 However, none of the provisions of that title relates directly to the situation of a worker who, like Mr Aldewereld, is employed by an undertaking in the Community but works wholly outside the Community. | 0 |
865,354 | 23
Secondly, the condition that there must be intervention by the State or through State resources is satisfied not only where aid is granted directly by the State but also where it is granted by public or private bodies established or designated by the State with a view to administering the aid (judgments of 22 March 1977, Steinike & Weinlig, 78/76, EU:C:1977:52, paragraph 21, and of 13 March 2001, PreussenElektra, C‑379/98, EU:C:2001:160, paragraph 58). | 36. That Community trade mark system is an autonomous system with its own set of objectives and rules peculiar to it; it applies independently of any national system (see, inter alia, Case C‑238/06 P Develey v OHIM [2007] ECR I‑9375, paragraph 65; Joined Cases C‑202/08 P and C‑208/08 P American Clothing Associates v OHIM and OHIM v American Clothing Associates [2009] ECR I‑6933, paragraph 58; and Case C‑479/09 P Evets v OHIM [2010], ECR I-0000, paragraph 49). | 0 |
865,355 | 20 The Court may not decline to give a ruling on a question referred to it by a national court unless it is quite obvious that the interpretation of Community law sought by that court bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical, 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, Bosman, cited above, paragraph 61). | 101. Il appartient dès lors au Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE, de se prononcer sur de telles demandes d’indemnité, en statuant dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée et en appliquant les critères définis aux points 96 à 100 du présent arrêt. | 0 |
865,356 | 52. It is for the Federal Republic of Germany to prove that argument to be well founded, all the more so because the Court has already held that it is far from clear that the designation ‘Parmesan’ has become generic ( Bigi , paragraph 20). | 45. As its heading indicates, Article 76 of Regulation No 1408/71 contains ‘[r]ules on priority in cases of overlapping entitlement to family benefits under the legislation of the competent State and under the legislation of the … State of residence of … members of the family’. It follows from the terms of that provision that it is intended to resolve overlapping between, on the one hand, for example, rights to family benefits under Article 73 of that regulation and, on the other, national legislation of the State of residence of family members conferring a right to family benefits by reason of carrying on an occupation (see, to that effect, Dodl and Oberhollenzer , paragraph 53, and Slanina , paragraph 37). | 0 |
865,357 | 50. Furthermore, only in accordance with the legal rules of the Member State of origin can an action seeking rectification of the certificate issued by the court of origin be brought or questions raised as to the authenticity of that certificate (see, to that effect, Povse , paragraph 73 and case-law cited). Moreover, in order to secure the expeditious enforcement of the judgments concerned and to ensure that the effectiveness of the provisions of Regulation No 2201/2003 is not undermined by abuse of the procedure, any appeal against the issuing of a certificate pursuant to Article 42 of that regulation, other than an action seeking rectification within the meaning of Article 43(1) of the regulation, is excluded, even in the Member State of origin (see, to that effect, Rinau , paragraph 85). | 73. It follows from the foregoing provisions, which establish a clear division of jurisdiction between the courts of the Member State of origin and those of the Member State of enforcement and are intended to secure the rapid return of the child, that a certificate issued under Article 42 of the regulation, which gives to the judgment thus certified a specific enforceability, is not subject to any appeal. The requested court can do no more than declare such a judgment to be enforceable, since the only pleas in law which can be relied on in relation to the certificate are those to support an action for rectification or doubts as to its authenticity, according to the rules of law of the Member State of origin (see, to that effect, Rinau , paragraphs 85, 88 and 89). The only rules of law of the requested Member State that are applicable are those governing procedural matters. | 1 |
865,358 | 36. In order to reply to the question reformulated as above, it should first be noted that, according to the case-law of the Court, Article 22(1)(c) of Regulation No 1408/71 governs the entitlement to benefits in kind of pensioners and members of their family, resident in a Member State, who ask the competent institution for authorisation to go to the territory of another Member State to receive treatment there which is appropriate to their condition, while Article 31 of that regulation, to the exclusion of Article 22(1)(a), governs the entitlement of that class of insured persons to benefits in kind where those benefits become necessary during a stay in a Member State other than the State in which they reside (Pierik , paragraphs 6 and 7; Case C-326/00 IKA [2003] ECR I-1703, paragraphs 26, 34 and 39). | 55
Accordingly, the procedure is necessarily vitiated, regardless of any possible detrimental consequences for Ferriere Nord that could result from that infringement (see, to that effect, judgments of 6 November 2012, Commission v Éditions Odile Jacob, C‑553/10 P and C‑554/10 P, EU:C:2012:682, paragraphs 46 to 52, and of 9 June 2016, CEPSA v Commission, C‑608/13 P, EU:C:2016:414, paragraph 36). | 0 |
865,359 | 23. It must be determined whether, and, if appropriate, to what extent, Directive 93/13, as interpreted by the case-law of the Court, expounded, in particular since its judgment in Aziz (C‑415/11, EU:C:2013:164) precludes the transitional mechanism for limitation periods adopted by the Spanish legislature and established by Law 1/2013. | 29. In that regard, concerning, first, the scheme of Regulation No 1393/2007, it must be borne in mind that that regulation, which was adopted on the basis of Article 61(c) EC, seeks, as stated in recital 2 in the preamble thereto, to establish a system for intra-Community service the purpose of which is the proper functioning of the internal market (see, in this sense, Case C-14/08 Roda Golf & Beach Resort [2009] ECR I-5439, paragraphs 53 to 55). | 0 |
865,360 | 57
It should be noted in that regard that it is established case-law that Article 50 of Regulation No 1408/71 covers cases where the periods of employment of the worker under the legislation of the States to which he was subject were relatively short, with the result that the total amount of benefits payable by those States does not provide a reasonable standard of living (judgments of 30 November 1977, Torri, 64/77, EU:C:1977:197, paragraph 5, and of 17 December 1981, Browning, 22/81, EU:C:1981:316, paragraph 12). | 81 That argument cannot be accepted. As has already been found at paragraph 66, it is for the Court of First Instance alone to assess, within the confines of the claim, the method and extent of compensation for the damage. | 0 |
865,361 | 25. The Court has already held that the introduction and maintenance of reduced rates of VAT below the standard rate laid down in Article 12(3)(a) of the Sixth Directive are permissible only in so far as they are consistent with the principle of fiscal neutrality inherent in the common system of VAT which precludes treating similar goods, which are thus in competition with each other, differently for VAT purposes (Case C-481/98 Commission v France [2001] ECR I-3369, paragraphs 21 and 22). | 30. La Cour a toutefois précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette livraison (arrêt De Danske Bilimportører, précité, point 17 et jurisprudence citée). | 0 |
865,362 | 32. The concept of public security, within the meaning of the Treaty articles cited in the preceding paragraph, covers both a Member State's internal security, as in the Johnston case, and its external security, as in the Sirdar case (see, to that effect, Case C-367/89 Richardt and "Les Accessoires Scientifiques" [1991] ECR I-4621, paragraph 22, Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 26, Sirdar , paragraph 17, and Kreil , paragraph 17). | 65. Article 65 of the Customs Code permits the declarant himself to amend his customs declaration unilaterally, so long as the goods have not been released. That right is explained by the fact that, until release, the customs authorities can, if necessary, easily check the accuracy of the amendments by physically examining the goods. In addition, amendment may take place at a time when the amount of the import duties has not yet been determined by the customs authorities. | 0 |
865,363 | 23. In accordance with settled case-law, in interpreting a provision of European Union law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30; Case C-34/05 Schouten [2007] ECR I-1687, paragraph 25; and Case C-112/11 ebookers.com Deutschland [2012] ECR, paragraph 12). | 49. Lastly, it must be pointed out that that interpretation of the term " medical care" in Article 13A(1)(b) is in keeping with the principle of fiscal neutrality because paramedical services, such as treatment given by qualified psychologists, are exempt from VAT regardless of where they are provided. | 0 |
865,364 | 23. Moreover, in proceedings under Article 234 EC, which are based on a clear separation of functions between the national courts and tribunals and the Court of Justice, any assessment of the facts in the case is a matter for the national court or tribunal (see, inter alia, Joined Cases C‑211/03, C‑299/03 and C‑316/03 to C‑318/03 HLH Warenvertrieb and Orthica [2005] ECR I‑5141, paragraph 96, and Case C‑119/05 Lucchini [2007] ECR I‑6199, paragraph 43). In particular, the Court is empowered to rule only on the interpretation or the validity of Community acts on the basis of the facts placed before it by the national court or tribunal (see, inter alia, Case 104/77 Oehlschläger [1978] ECR 791, paragraph 4, and Case C‑467/04 Gasparini and Others [2006] ECR I‑9199, paragraph 41). It is for the national court or tribunal to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see, to that effect, Case 17/81 Pabst & Richarz [1982] ECR 1331, paragraph 12, and Case C‑291/05 Eind [2007] ECR I‑0000, paragraph 18). | 41. It is to be recalled that the system under Article 234 EC is capable of being applied to references for a preliminary ruling pursuant to Article 35 EU, subject to the conditions laid down in the latter article (see Case C-105/03 Pupino [2005] ECR I-5285, paragraph 28). Under the procedure envisaged in Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. The Court of Justice is thus empowered to rule on the interpretation or validity of Community provisions only on the basis of the facts which the national court puts before it (see Case C-235/95 Dumon and Froment [1998] ECR I‑4531, paragraph 25, and Case C-421/01 Traunfellner [2003] ECR I‑11941, paragraph 21). | 1 |
865,365 | 103
The first and second parts of the fourth ground of appeal must, consequently, be rejected as ineffective (see, to that effect, judgment of 12 February 2015, Commission v IPK International, C‑336/13 P, EU:C:2015:83, paragraph 66). | 53. It follows that the procedure provided for by national law in the present case does not fulfil the conditions laid down in Article 14(3) of Regulation No 659/1999. The French rule providing for the suspensory effect of actions brought against demands for payment should therefore have been left unapplied. | 0 |
865,366 | 17. That declaration cannot be used to interpret a provision of secondary legislation where, as in this case, no reference is made to the content thereof in the wording of the provision in question and it therefore has no legal significance (Case C‑292/89 Antonissen [1991] ECR I-745, paragraph 18, and Case C-329/95 VAG Sverige [1997] ECR I-2675, paragraph 23). The Council and the Commission also explicitly recognised that limitation in the preamble to their declaration, which states: ‘since the following statements of the Council and the Commission are not part of the legal text they are without prejudice to the interpretation of that text by the Court of Justice of the European Communities’. | 19 The first point to note is that, in principle, if the outcome of subsequent verification proves negative the normal consequence is for the importing State to demand payment of the customs duties not paid at the time of importation. | 0 |
865,367 | 47
In addition, as regards an individual contract of employment, the place of performance of the obligation in question, referred to in the second part of the sentence of Article 5(1) of the Brussels Convention, must be determined on the basis of uniform criteria which it is for the Court to lay down on the basis of the scheme and objectives of that convention. The Court has thus stressed that such an autonomous interpretation alone is capable of ensuring uniform application of that convention, the objectives of which include unification of the rules on jurisdiction of the Contracting States, so as to avoid as far as possible the multiplication of the bases of jurisdiction in relation to one and the same legal relationship and to reinforce the legal protection available to persons established in the Community by, at the same time, allowing the plaintiff easily to identify the court before which he may bring an action and the defendant reasonably to foresee the court before which he may be sued (judgment of 10 April 2003, Pugliese, C‑437/00, EU:C:2003:219, paragraph 16 and the case-law cited). | 24. En outre, il est nécessaire de prendre en compte ce qui est principal ou accessoire aux yeux du consommateur (voir arrêt British Sky Broadcasting Group et Pace, EU:C:2011:248, point 77). | 0 |
865,368 | 49. Concerning, first, the absence of assets, the Court has repeatedly held that, in certain sectors, the activity is essentially based on manpower. In such circumstances, a structured group of workers may, despite the absence of significant material or immaterial assets, correspond to an economic entity for the purposes of Directive 77/187 (see in particular, concerning cleaning services, Hernández Vidal and Others , paragraph 27, and Hidalgo and Others , paragraph 26; see also, with regard to Directive 2001/23, Case C‑463/09 CLECE , [2011] ECR I‑0000, paragraph 39). | 19
As a preliminary point, it should be noted that the EU legislature has laid down the obligations of air carriers in the event of cancellation or long delay of flights (that is, a delay equal to or in excess of three hours) in Article 5(1) of Regulation No 261/2004 (judgments of 23 October 2012, Nelson and Others, C‑581/10 and C‑629/10, EU:C:2012:657, paragraph 40). | 0 |
865,369 | 112. In that regard, it is the case, as is clear from settled case-law, that the Commission enjoys a broad discretion as regards the method for calculating fines. That method, set out in the Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty (OJ 1998 C 9, p. 3), displays flexibility in a number of ways, enabling the Commission to exercise its discretion in accordance with Article 15(2) of Regulation No 17 (see, to that effect, Case C‑308/04 P SGL Carbon v Commission [2006] ECR I‑5977, paragraphs 46 and 47, and Case C‑407/04 P Dalmine v Commission [2007] ECR I‑829, paragraph 133). | 37. The imposition of a minimum retail selling price by the public authorities thus means that the maximum retail selling price determined by manufacturers and importers cannot, in any event, be lower than that obligatory minimum price. Legislation imposing such a minimum price is therefore capable of undermining competition by preventing some of those producers or importers from taking advantage of lower cost prices so as to offer more attractive retail selling prices. | 0 |
865,370 | 58 As regards the question whether the inspections carried out by the Commission were sufficiently representative, it must be observed that, as the Commission has argued without being contradicted by the Greek Government, those inspections concerned, in relation to the peaches and nectarines sector in Greece, all the producers' organisations having their seat in the nomoi of Pella and Imathia, which account for 95% of production of peaches and nectarines on Greek territory and for 93.5% of the compensatory payments made in that respect. In the citrus fruits sector, the inspections concerned the nomoi of Argolida, Arta and Lefkada, the production of which gave rise to 74% of the compensatory payments. Having regard to those figures, the representative nature of the inspections made by the Commission and the extent of the irregularities cannot reasonably be cast in doubt (see Greece v Commission, cited above, paragraph 52). | 52 As regards, second, the question whether the inspections carried out by the Commission were sufficiently representative, it must be observed that, as the Commission has argued without being contradicted by the Greek Government, those inspections concerned, in relation to the peaches and nectarines sector, all the producers' organisations having their seat in the nomoi of Pella and Imathia, which account for 95% of production of peaches and nectarines on Greek territory and for 93.5% of the compensatory payments made in that respect. In the citrus fruits sector, the inspections concerned the nomoi of Argolida, Arta and Lefkada, the production of which gave rise to 74% of the compensatory payments made in that sector on Greek territory for the financial year 1994. Having regard to those figures, the representative nature of the inspections made by the Commission and the extent of the irregularities cannot reasonably be cast in doubt. | 1 |
865,371 | 100. It must be recalled that legal certainty is a general principle of European Union law which requires in particular that rules involving negative consequences for individuals should be clear and precise and their application predictable for those subject to them (see Case C-110/03 Belgium v Commission [2005] ECR I-2801, paragraph 30; Case C-76/06 P Britannia Alloys & Chemicals v Commission [2007] ECR I-4405, paragraph 79; and Case C-226/08 Stadt Papenburg [2010] ECR I-0000, paragraph 45). | 54. Having found that there was no similarity between the earlier mark and the mark applied for, the Court of First Instance correctly concluded that there was no likelihood of confusion, whatever the reputation of the earlier mark and regardless of the degree of identity or similarity of the goods or services concerned. | 0 |
865,372 | 58. Similarly, the right of veto at issue may have a deterrent effect on portfolio investments in GALP’s share capital in so far as a possible refusal by the Portuguese State to approve an important decision, proposed by the organs of that company as being in the company’s interests, is in fact liable to depress the value of the shares of that company and thus reduce the attractiveness of an investment in such shares (see, to that effect, Joined Cases C‑282/04 and C‑283/04 Commission v Netherlands , paragraph 27; Case C‑171/08 Commission v Portugal , paragraph 61; and Case C‑543/08 Commission v Portugal , paragraph 57). | 11 It should be observed first of all that the applicant is in the position referred to in Article 3(3 ) of Council Regulation ( EEC ) No 2707/72 of 19 December 1972 laying down the conditions for applying protective measures for fruit and vegetables ( Official Journal, English Special Edition 1972 ( 28 to 30 December ), p . 3 ) which requires the Commission, in adopting such measures, to take account of the special position of products in transit to the Community . Only importers of Chilean apples whose goods were in transit when Regulation No 962/88 was adopted are in that position . Those importers thus constitute a restricted group which is sufficiently well defined in relation to any other importer of Chilean apples and cannot be extended after the suspensory measures in question take effect . | 0 |
865,373 | 45. By contrast, concerning the warehousekeeper such as in the present case TOP Logistics, it must be held that its provision of a warehouse service for goods bearing another’s trade mark does not constitute use of a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered. Inasmuch as such a service provider permits such use by its customers, its role cannot be assessed under Directive 89/104 but must be examined, if necessary, from the point of view of other rules of law (see, by analogy, judgment in Frisdranken Industrie Winters , C‑119/10, EU:C:2011:837, paragraphs 28 to 35). | 56. S’agissant, d’abord, des difficultés liées au respect des paramètres en matière d’environnement, il y a lieu de rappeler qu’il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre interne pour justifier le non-respect des obligations résultant du droit communautaire (arrêt du 10 juillet 1990, Commission/Allemagne, C-217/88, Rec. p. I‑2879, point 26), ni de situations internes, telles que des difficultés d’application apparues au stade de l’exécution d’un acte communautaire, pour justifier le non-respect des obligations et délais résultant des normes de droit communautaire (arrêt du 8 mai 2008, Commission/Portugal, C‑233/07, point 33). | 0 |
865,374 | 77. Disputing that the NoVA base tax is calculated on the basis of fair market value, Mr and Mrs Weigel submit, inter alia, that second-hand car prices were lower in Germany than in Austria. Referring to paragraph 18 of the Nunes Tadeu judgment, cited above, they argue in particular that the tax in question eliminates the competitive advantage which those vehicles would hold on the Austrian market in its absence. | 68. No provision of the Treaties prohibits an institution from adopting such rules of practice. | 0 |
865,375 | 66. By the same token, it is also established case-law that the subject-matter of the proceedings thus defined at the pre-litigation stage can no longer be extended or altered by the form of order sought in the application at the litigation stage (see, to that effect, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 56; Case C‑365/97 Commission v Italy [1999] ECR I-7773, paragraph 25; and Case C-105/02 Commission v Germany [2006] ECR I-9659, paragraphs 47 and 48). Lastly, whether a Member State has failed to fulfil its o bligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see Case C-104/06 Commission v Sweden [2007] ECR I-0000, paragraph 28). | 43. Nor, moreover, is such a rule expressly laid down elsewhere in the Customs Code or in the Implementing Regulation. | 0 |
865,376 | 73. First, that regime operates to the detriment of migrant workers who are nationals of Member States other than the Republic of Austria where those workers are refused recognition of periods of service completed by them in those States in the capacity of university professor on the sole ground that those periods were not completed in an Austrian university (see, in that connection, with regard to a comparable Greek provision, Case C-187/96 Commission v Greece [1998] ECR I-1095, paragraphs 20 and 21). | 43 As the Court has ruled, officials and other employees of the European Communities enjoy the right of freedom of expression (see Oyowe and Traore v Commission, paragraph 16), even in areas falling within the scope of the activities of the Community institutions. That freedom extends to the expression, orally or in writing, of opinions that dissent from or conflict with those held by the employing institution. | 0 |
865,377 | 42. The court may also take into account the situation of the parties concerned, whether the claimant has a reasonable prospect of success, the importance of what is at stake for the claimant and for the protection of the environment, the complexity of the relevant law and procedure and the potentially frivolous nature of the claim at its various stages (see, by analogy, Case C‑279/09 DEB [2010] ECR I‑13849, paragraph 61). | 33. En revanche, ainsi que cela ressort de la réponse fournie par la Cour aux première à cinquième questions dans l’affaire ayant donné lieu à l’arrêt Medeva, précité, aux fins de déterminer si un produit est «protégé par un brevet de base en vigueur» au sens de l’article 3, sous a), du règlement nº 469/2009, il ne saurait être recouru aux règles relatives aux actions en contrefaçon telles que, dans l’affaire au principal, celles résultant de la section 60 de la loi du Royaume-Uni sur les brevets de 1977. | 0 |
865,378 | 46. The Court has already pointed out that national rules concerning periods of service to be completed in order to be classified in a higher salary grade or calculation of the periods required to have performance assessed each year and, consequently, to qualify for promotion – such as the rule at issue in the main proceedings – constitute employment conditions (see, by analogy, in the field of equal treatment of men and women workers, Case C‑136/95 Thibault [1998] ECR I‑2011, paragraph 27, and Case C‑284/02 Sass [2004] ECR I‑11143, paragraphs 31 and 34). | 27 The right of any employee to have their performance assessed each year and, consequently, to qualify for promotion, forms an integral part of the conditions of their contract of employment within the meaning of Article 5(1) of the Directive. | 1 |
865,379 | 47
As a preliminary point, it should be recalled that, according to the settled case-law of the Court, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (judgment of 28 January 2016, Commission v Portugal, C‑398/14, EU:C:2016:61, paragraph 49). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,380 | 31. In those circumstances, the more closely the shape for which registration is sought resembles the shape most likely to be taken by the product in question, the greater the likelihood of the shape being devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94. Only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin, is not devoid of any distinctive character for the purposes of that provision (see, to that effect, Henkel v OHIM , paragraph 39 and the case-law cited there). | 19 IN PARTICULAR , THERE IS AN UNJUSTIFIED RESTRICTION ON THAT FREEDOM WHERE , IN A MEMBER STATE , ADMISSION TO A PARTICULAR PROFESSION IS REFUSED TO A PERSON COVERED BY THE TREATY WHO HOLDS A DIPLOMA WHICH HAS BEEN RECOGNIZED AS AN EQUIVALENT QUALIFICATION BY THE COMPETENT AUTHORITY OF THE COUNTRY OF ESTABLISHMENT AND WHO FURTHERMORE HAS FULFILLED THE SPECIFIC CONDITIONS REGARDING PROFESSIONAL TRAINING IN FORCE IN THAT COUNTRY , SOLELY BY REASON OF THE FACT THAT THE PERSON CONCERNED DOES NOT POSSESS THE NATIONAL DIPLOMA CORRESPONDING TO THE DIPLOMA WHICH HE HOLDS AND WHICH HAS BEEN RECOGNIZED AS AN EQUIVALENT QUALIFICATION .
| 0 |
865,381 | 23. An analysis of those definitions shows that the scope of the term economic activities is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see Commission v Netherlands , paragraph 8; Commission v Greece , paragraph 26; and Commission v Spain , paragraph 89). | 45 It should also be noted that this finding does not affect the obligation on those contracting authorities to apply in turn the tendering procedures laid down in Directive 93/36. | 0 |
865,382 | 32. Those guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it (judgment in Wilson , EU:C:2006:587, paragraph 53 and the case-law cited). In order to consider the condition regarding the independence of the body making the reference as met, the case-law requires, inter alia, that dismissals of members of that body should be determined by express legislative provisions (judgment in D. and A. , C‑175/11, EU:C:2013:45, paragraph 97, and order in Pilato , C‑109/07, EU:C:2008:274, paragraph 24 and the case-law cited). | 96. Ainsi que la Cour l’a jugé à maintes reprises, un acte n’est entaché de détournement de pouvoir que s’il apparaît, sur la base d’indices objectifs, pertinents et concordants, avoir été pris exclusivement, ou à tout le moins de manière déterminante, à des fins autres que celles dont il est excipé ou dans le but d’éluder une procédure spécialement prévue par le traité pour parer aux circonstances de l’espèce (voir en ce sens, notamment, arrêts du 14 mai 1998, Windpark Groothusen/Commission, C‑48/96 P, Rec. p. I‑2873, point 52, et du 7 septembre 2006, Espagne/Conseil, C‑310/04, Rec. p. I‑7285, point 69). | 0 |
865,383 | 35
However, the Court of Justice, which is called on to provide answers of use to the national court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable the national court to give judgment (judgments of 20 March 2003 in Kutz-Bauer, C‑187/00, EU:C:2003:168, paragraph 52; of 23 October 2003 in Schönheit and Becker, C‑4/02 and C‑5/02, EU:C:2003:583, paragraph 83; and of 26 September 2013 in Ottica New Line di Accardi Vincenzo, C‑539/11, EU:C:2013:591, paragraph 49). | 18 It is clear from the scheme of Section IV, Title IV, Chapter 3, of the Regulation that Article 905 introduces into Community customs law a general fairness clause intended to cover exceptional situations which, in themselves, do not fall within any of the cases provided for in Articles 900 to 904 of the Regulation. | 0 |
865,384 | 19 On that point, it should be observed that, according to settled case-law, it is solely for the national courts before which proceedings are pending, and which must assume responsibility for the judgment to be given, to determine in the light of the particular circumstances of each case both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they submit to the Court (see, inter alia, Case C-264/96 ICI v Colmer (HMIT) [1998] ECR I-4695, paragraph 15, and Joined Cases C-215/96 and C-216/96 Bagnasco and Others [1999] ECR I-135, paragraph 20). Consequently, Darbo's request that the question be reformulated in the terms which it indicates cannot be granted.
Substance | 31
Thus, it can be seen from Article 7(1)(c) of Directive 2003/86 that the wording of that provision cannot be interpreted as precluding the competent authority of the Member State concerned by an application for family reunification from examining whether the condition relating to the sponsor’s resources is met by taking into account an assessment as regards whether those resources will be retained beyond the date of submission of that application. | 0 |
865,385 | 50. The Court has held in that respect that Article 8(4) may, however, not be used by a Member State as a basis for refusing indefinitely to recognise, in relation to a person who has been subject in its territory to a measure withdrawing or cancelling a previous licence issued by that State, the validity of any licence that may subsequently, that is to say, after the period of prohibition, be issued to him by another Member State (see, to that effect, Case C‑476/01 Kapper [2004] ECR I‑5205, paragraph 76; Wiedemann and Funk , paragraph 63; Schwarz , paragraph 85; and Order of 6 April 2006 in Case C‑227/05 Halbritter , paragraph 28). | 47. No appeal was lodged against the BAI v Commission judgment, and its operative part and ratio decidendi therefore became final. | 0 |
865,386 | 30. In so doing, the national legislation at issue in the main proceedings not only neutralises the advantage resulting from the inclusion of periods of service completed before the age of 18, as follows from paragraph 27 of the present judgment, but also places at a disadvantage only the employees disadvantaged by the previous system in so far as the extension to the periods for advancement is likely to apply to them alone. Consequently, with regard to those employees, the adverse effects of that system have not ceased entirely (judgment in Schmitzer , C‑530/13, EU:C:2014:2359, paragraph 34). | 26. Il convient de relever d’emblée que des données, telles que celles qui, selon la juridiction de renvoi, sont collectées par les détectives privés dans l’affaire en cause au principal, portent sur des personnes agissant comme agents immobiliers et concernent des personnes physiques identifiées ou identifiables. Elles constituent, par conséquent, des données à caractère personnel, au sens de l’article 2, sous a), de la directive 95/46. Leur collecte, leur conservation et leur transmission par un organisme réglementé tel que l’IPI ou par les détectives privés agissant pour leur compte présentent, dès lors, le caractère d’un «traitement de données à caractère personnel», au sens de l’article 2, sous b), de la directive 95/46 (voir arrêt du 16 décembre 2008, Huber, C‑524/06, Rec. p. I‑9705, point 43). | 0 |
865,387 | 81. It is only quite exceptionally that the Court may, in application of the general principle of legal certainty inherent in the EU legal order, be moved to restrict for any person concerned the opportunity of relying on a provision which it has interpreted with a view to calling into question legal relationships established in good faith. Two essential criteria must be fulfilled before such a limitation can be imposed: those concerned must have acted in good faith and there must be a risk of serious difficulties (see, inter alia, judgments in Skov and Bilka , C‑402/03, EU:C:2006:6, paragraph 51, and Vent De Colère and Others , EU:C:2013:851, paragraph 40). | 38. It follows from the above that the plea examined must be rejected as inadmissible.
2. The existence of the failure to fulfil obligations
a) The pleas relating to the obligations to abolish aid schemes in so far as they were still in force and to cancel outstanding aid | 0 |
865,388 | 74. In that regard, it should be recalled, by way of preliminary observation, that, with regard to the justifications which are capable of being accepted where internal measures restrict the freedom to provide services or the freedom of establishment, the Court has observed that the objectives pursued by national legislation adopted in the area of gambling and bets, considered as a whole, usually concern the protection of the recipients of the services in question and of consumers more generally, and the protection of public order. It has also held that such objectives are amongst the overriding reasons in the public interest capable of justifying obstacles to the freedom to provide services (see, in particular, Schindler , paragraph 58; Case C‑124/97 Läärä and Others [1999] ECR I‑6067, paragraph 33; Zenatti , paragraph 31; Case C-6/01 Anomar and Others [2003] ECR I‑8621, paragraph 73; and Placanica and Others , paragraph 46). | 80 From both those perspectives, a requirement that the assumption of costs, under a national social security system, of hospital treatment provided in another Member State must be subject to prior authorisation appears to be a measure which is both necessary and reasonable. | 0 |
865,389 | 56. Indeed, not all third country nationals derive rights of entry into and residence in a Member State from Directive 2004/38, but only those who are family members, within the meaning of point 2 of Article 2 of that directive, of a Union citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national ( Metock and Others , paragraph 73). | 21. The possibility granted by Netherlands law to resident parent companies and their resident subsidiaries to be taxed as if they formed one and the same tax entity, that is to say, to be subject to a tax integration scheme, constitutes a cash-flow advantage for the companies concerned. That scheme allows, in particular, the profits and losses of the companies constituting the tax entity to be consolidated at the level of the parent company and the transactions carried out within the group to remain neutral for tax purposes (see Case C‑337/08 X Holding EU:C:2010:89, paragraph 18). | 0 |
865,390 | 35
Furthermore, it is established that Member States may adopt implementing measures for a regulation provided that they do not thereby obstruct its direct applicability or conceal its nature as an act of EU law; that they specify that they are acting in exercise of a discretion conferred on them under that regulation; and that they adhere to the parameters laid down thereunder (judgments of 25 October 2012 in Ketelä, C‑592/11, EU:C:2012:673, paragraph 36, and 15 May 2014 in Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 55). | 244. As the Court of First Instance quite rightly held in paragraphs 186 and 188 of Yusuf and Al Barakaat , that prohibition is addressed to whoever might actually hold the funds or economic resources in question. | 0 |
865,391 | 22. It is to be remembered that, having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 EC (see Case 36/74 Walrave and Koch [1974] ECR 1405, paragraph 4; Case 13/76 Donà [1976] ECR 1333, paragraph 12; Case C-415/93 Bosman [1995] ECR I‑4921, paragraph 73; Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I‑2549, paragraph 41; and Case C-176/96 Lehtonen and Castors Braine [2000] ECR I‑2681, paragraph 32). | 11 It has therefore given that concept a sufficiently flexible interpretation in keeping with the objective of the directive, which is to safeguard employees in the event of a transfer of their undertaking, and has held that the directive is applicable wherever, in the context of contractual relations, there is a change in the natural or legal person who is responsible for carrying on the business and who incurs the obligations of an employer towards employees of the undertaking (see, most recently, the judgment in Case 101/87 Bork International v Foreningen af Arbejdsledere i Danmark [1988] ECR 3057, paragraph 13). | 0 |
865,392 | 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). | 38. The answer to the second question must therefore be that Article 6(3) of the Habitats Directive establishes a procedure intended to ensure, by means of a preliminary examination, that a plan or project which is not directly connected with or necessary to the management of the site concerned but likely to have a significant effect on it is authorised only to the extent that it will not adversely affect the integrity of that site, while Article 6(2) of the Habitats Directive establishes an obligation of general protection consisting in avoiding deterioration and disturbances which could have significant effects in the light of the Directive’s objectives, and cannot be applicable concomitantly with Article 6(3).
Third question
Question 3(a) | 0 |
865,393 | 60. Quant à la justification fondée sur la protection de la santé et de la vie des personnes, il convient de rappeler qu’il appartient aux États membres, à défaut d’harmonisation et dans la mesure où des incertitudes subsistent en l’état actuel de la recherche scientifique, de décider du niveau auquel ils entendent assurer la protection de la santé et de la vie des personnes tout en tenant compte des exigences de la libre circulation des marchandises à l’intérieur de la Communauté (arrêts du 14 juillet 1983, Sandoz, 174/82, Rec. p. 2445, point 16; du 30 novembre 1983, van Bennekom, 227/82, Rec. p. 3883, point 37; Alfa Vita Vassilopoulos et Carrefour-Marinopoulos, précité, point 21, ainsi que du 15 novembre 2007, Commission/Allemagne, C‑319/05, non encore publié au Recueil, point 86). | 41. In accordance with Article 8(3) of the Access Directive, without prejudice to certain provisions, including Article 28 of the Universal Service Directive, containing obligations on undertakings other than those designated as having significant market power, the NRAs may impose obligations relating to price control, as defined in particular in Article 13 of the Access Directive, only on operators designated as having significant power, in accordance with Article 8(2) of that directive. | 0 |
865,394 | 49. Regarding the place of performance of ‘the obligation in question’, the first indent of Article 5(1)(b) of Regulation No 44/2001 defines that criterion of a link autonomously in the case of the sale of goods in order to reinforce the primary objective of unification of the rules of jurisdiction whilst ensuring their predictability (see, to that effect, Color Drack , paragraph 24, and Rehder , paragraph 33). | 33. Lastly, as regards the obstacles which the French Government claims exist in relation to the opportunities which Directive 77/799 provides, reference should be made to the analysis of these arguments and their rebuttal which are set out at points 34 to 36 of the Advocate General’s Opinion. | 0 |
865,395 | 41. Freedom of establishment, which Article 43 EC grants to Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 48 EC, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (see, in particular, 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-0000, paragraph 29). | 40. Conformément à l’article 5 de la directive 91/676, les États membres doivent adopter des programmes d’action visant à prévenir et à réduire la pollution des eaux provoquée ou induite par les nitrates à partir de sources agricoles dans les zones vulnérables désignées conformément à l’article 3, paragraphes 2 et 4, de cette directive (arrêt Commission/Irlande, C‑396/01, EU:C:2004:136, point 57). En ce qui concerne les nouvelles désignations visées à l’article 3, paragraphe 4, de ladite directive, les programmes d’action portant sur les zones vulnérables désignées doivent être établis dans un délai d’un an après ces désignations. | 0 |
865,396 | 77. As previously stated, where failure to comply with a judgment of the Court is likely to harm the environment and endanger human health, the protection of which is, indeed, one of the Community’s environmental policy objectives, as is apparent from Article 174 EC, such a breach is of a particularly serious nature (see, to that effect, Commission v Greece , paragraph 94, and Commission v Spain , paragraph 57). | 83. Similarly, as regards the error of the legal classification of facts complained of in the alternative in the third ground of appeal, it is sufficient to note that, by that argument, the French Republic did not in fact dispute the consequences drawn from an incorrect legal categorisation of the provisions of French law at issue, having limited itself solely to calling into question the assessment of those provisions undertaken by the General Court. | 0 |
865,397 | 56. Furthermore, the Court has held that an allowance paid as a supplementary allowance granted exclusively to beneficiaries of a retirement and/or survival pension, financed by the same resources that are used to finance those pensions and which is linked to the retirement pension by providing the recipients with means of subsistence ensuring that they may take a holiday, may be classified as an ‘old-age pension’ within the meaning of Article 3(1)(d) of Regulation No 883/2004 (judgment in Noteboom , C‑101/04, EU:C:2005:51, paragraphs 25 to 29). | 62. It must be stated at the outset the requirements of EU law must be complied with at all relevant times, whether that is the time when a measure is adopted, when it is implemented or when it is applied to the case in point (judgment in Seymour-Smith and Perez , C‑167/97, EU:C:1999:60, paragraph 45). | 0 |
865,398 | 13 It follows both from the title of the section in Regulation No 1408/71 of which Article 71 constitutes the sole article, and from the case-law of the Court, that the factor that determines whether Article 71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment (see the judgments in Case 76/76 Di Paolo v Office National de l' Emploi [1977] ECR 315, paragraphs 17 and 21, in Case 128/83 Caisse Primaire d' Assurance Maladie de Rouen v Guyot [1984] ECR 3507, paragraph 9, and in Case 236/87 Bergemann v Bundesanstalt fuer Arbeit [1988] ECR 5125). | 62. None the less, the measures which are taken by the addressee of an injunction, such as that at issue in the main proceedings, when implementing that injunction must be sufficiently effective to ensure genuine protection of the fundamental right at issue, that is to say that they must have the effect of preventing unauthorised access to the protected subject-matter or, at least, of making it difficult to achieve and of seriously discouraging internet users who are using the services of the addressee of that injunction from accessing the subject-matter made available to them in breach of that fundamental right. | 0 |
865,399 | 64
Depending on the circumstances, the measures referred to in Article 114(1) TFEU may consist in requiring all the Member States to authorise the marketing of the product or products concerned, subjecting such an obligation of authorisation to certain conditions, or even provisionally or definitively prohibiting the marketing of a product or products (judgments in Arnold André, C‑434/02, EU:C:2004:800, paragraph 35; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 34; and Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 43). | Il ressort d’une jurisprudence constante que la lettre de mise en demeure adressée à l’État membre concerné par la Commission
puis l’avis motivé émis par cette dernière délimitent l’objet du litige, lequel ne peut plus, dès lors, être étendu. En effet,
la possibilité pour l’État membre concerné de présenter ses observations constitue une garantie essentielle voulue par le
traité FUE et une condition de forme substantielle dont le non-respect porte atteinte à la régularité de la procédure en manquement
contre un État membre. Par conséquent, l’avis motivé et le recours de la Commission doivent reposer sur les mêmes griefs que
ceux de la lettre de mise en demeure qui engage la procédure précontentieuse (voir, en ce sens, arrêt Commission/Espagne,
C‑127/12, EU:C:2014:2130, point 23 et jurisprudence citée). | 0 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.