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865,500 | It must be borne in mind that, according to settled case-law, the concept of ‘State aid’ does not refer to State measures
which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises
from the nature or the overall structure of the system of which they are part (judgments in Commission and Spain v Government of Gibraltar and United Kingdom, C‑106/09 P and C‑107/09 P, EU:C:2011:732, paragraph 145 and the case-law cited, and BNP Paribas and BNL v Commission, C‑452/10 P, EU:C:2012:366, paragraph 101). In carrying out the necessary comprehensive review of the characterisation of
the tax scheme at issue as State aid, the General Court had to examine whether the differentiation between undertakings arising
from that scheme was due to the nature or general scheme of the tax system of which it formed part (judgment in BNP Paribas and BNL v Commission, C‑452/10 P, EU:C:2012:366, paragraph 102). | 39 Consequently, the answer to the national court should be that the holder of an original marketing authorization issued under the procedure referred to in Directive 65/65 may rely on the provisions of that directive, as amended, in particular by Directive 87/21, and specifically on Article 5 thereof, in proceedings before a national court in order to challenge the validity of an authorization issued by the competent national authority on the basis of Directive 65/65, as amended, to one of its competitors for a proprietary medicinal product bearing the same name. The same applies where the authorization, although issued under another procedure laid down at national level, should have been issued on the basis of the directive. | 0 |
865,501 | 35. In this respect, it should be borne in mind that those provisions must, in accordance with settled case-law in respect of derogations from fundamental freedoms, be interpreted strictly (see, inter alia, as regards the derogations provided for in Article 296 EC, Case C-284/05 Commission v Finland [2009] ECR I-11705, paragraph 46 and the case-law cited). Although Article 296(1)(b) EC refers to measures which a Member State may consider necessary for the protection of the essential interests of its security, that article cannot, however, be read in such a way as to confer on Member States a power to depart from the provisions of the EC Treaty based on no more than reliance on those interests ( Commission v Finland , paragraph 47). | 18. S’agissant, en revanche, de la recevabilité du recours en annulation formé devant le Tribunal, la Cour, saisie d’un pourvoi au titre de l’article 56 de son statut, est tenue de se prononcer, au besoin d’office, sur le moyen d’ordre public tiré de la méconnaissance de la condition, posée par l’article 230, quatrième alinéa, CE, selon laquelle un requérant ne peut demander l’annulation d’une décision dont il n’est pas le destinataire que s’il est directement et individuellement concerné par celle-ci. | 0 |
865,502 | 37
Thus, an action for annulment is, in principle, only available against a measure by which the institution concerned definitively determines its position upon the conclusion of an administrative procedure. On the other hand, intermediate measures whose purpose is to prepare for the definitive decision, or measures which are mere confirmation of an earlier measure or purely implementing measures, cannot be treated as acts open to challenge, in that such acts are not intended to produce autonomous binding legal effects compared with those of the act of the EU institution which is prepared, confirmed or enforced (see, to that effect, in particular, judgments of 12 September 2006, Reynolds Tobacco and Others v Commission, C‑131/03 P, EU:C:2006:541, paragraph 55; of 6 December 2007, Commission v Ferriere Nord, C‑516/06 P, EU:C:2007:763, paragraph 29; and of 26 January 2010, Internationaler Hilfsfonds v Commission, C‑362/08 P, EU:C:2010:40, paragraph 52). | 15 Consequently, the reply to the second question must be that Article 13(2)(a ) of Regulation No 1408/71 must be interpreted as meaning that a person covered by that regulation who is employed part-time in the territory of a Member State is subject to the legislation of that State both on the days on which he pursues that activity and on the days on which he does not .
Question 3 | 0 |
865,503 | 54. The Polish Government puts forward, as justification for the legislation at issue, the need to ensure road safety, about which it is not disputed that it constitutes, according to the case-law, an imperative requirement relating to the public interest capable of justifying a hindrance to the free movement of goods ( Commission v Italy , paragraph 60 and case-law cited). | 58. Nor does the FEG indicate either the date on which those persons left or the nature and the scope of the information or details which were necessary for its defence, or the circumstances which made it impossible to obtain the testimony of those persons, whose absence is alleged to have limited the effective exercise of the rights of the defence. | 0 |
865,504 | 24 The Court of Justice thus has no jurisdiction to find the facts or, as a rule, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it (see, in particular, the order in San Marco v Commission, cited above, paragraph 40). That appraisal does not therefore constitute, save where the clear sense of that evidence has been distorted, a point of law which is subject, as such, to review by the Court of Justice (Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraph 42). | 112. In order for the storage by a referencing service provider to come within the scope of Article 14 of Directive 2000/31, it is further necessary that the conduct of that service provider should be limited to that of an ‘intermediary service provider’ within the meaning intended by the legislature in the context of Section 4 of that directive. | 0 |
865,505 | 31 Nor can the fact that ACC was always RJB's sole contractor and subcontracted the work to AMS preclude in itself the existence of a transfer within the meaning of the Directive. First, the transfer of customers between transferor and transferee is only one factor amongst others in the overall assessment to be made to ascertain whether a transfer has taken place (Spijkers, cited above, paragraph 13). Second, the Directive is applicable wherever, in the context of contractual relations, there is a change in the natural or legal person responsible for carrying on the business who incurs the obligations of an employer towards employees of the undertaking (see, inter alia, Joined Cases C-171/94 and C-172/94 Merckx and Neuhuys [1996] ECR I-1253, paragraph 28). | 39 In that connection, it is not sufficient for the contested decision to pursue a twofold purpose or for an analysis of its content to disclose the existence of a twofold component. | 0 |
865,506 | 59. In that regard, according to settled case-law, it is, in the absence of Community legislation, for the internal legal order of each Member State to designate the competent courts and lay down the detailed procedural rules for legal proceedings intended fully to safeguard the rights which individuals derive from Community law (see Case 33/76 Rewe-Zentralfinanz and Rewe-Zentral [1976] ECR 1989, paragraph 5, and Case C‑224/01 Köbler [2003] ECR I-10239, paragraph 46). | 5 In that connection, it should first of all be observed that Directive 87/18 was to be transposed by 30 June 1988 at the latest, that is to say before the end of the period prescribed for transposing Directive 88/320. The Kingdom of Spain may not, therefore, justify the failure to transpose that last-mentioned directive by the delay in implementing Directive 87/18. | 0 |
865,507 | 19. The fact that the affiliated business agrees to forego the sum represented by the discount obtained under those preferential terms constitutes, as the European Commission noted in its written observations, a price discount, within the meaning of Article 11(A)(3)(b) of the Sixth Directive. In accordance with the Court’s case-law, such a discount covers, in particular, the difference between the normal retail selling price of the goods supplied and the sum of money actually received by the retailer and is not to be included in the taxable amount of the transaction in question (see, to that effect, Case C‑126/88 Boots Company EU:C:1990:136, paragraph 22, and Case C‑288/94 Argos Distributors EU:C:1996:398, paragraph 16). | 13 The Court has consistently held that, in the context of the organization of the powers of the Community, the choice of a legal basis for a measure must be based on objective factors which are amenable to judicial review. Those factors include, in particular, the aim and content of the measure (see, in particular, the judgment in Case C-300/89 Commission v Council [1991] ECR I-2867, paragraph 10). | 0 |
865,508 | 51. In that connection, according to settled case-law, the improvement of road safety is an objective of general interest of the European Union (see, to that effect, inter alia, Case C‑55/93 van Schaik EU:C:1994:363, paragraph 19; Case C‑451/99 Cura Anlagen EU:C:2002:195, paragraph 59; Case 54/05 Commission v Finland EU:C:2007:168, paragraph 40; Case C‑110/95 Commission v Italy EU:C:2009:66, paragraph 60; Case C‑384/08 Attanasio Group EU:C:2010:133, paragraph 50; Case C‑438/08 Commission v Portugal EU:C:2009:651, paragraph 48; Case C‑184/10 Grasser EU:C:2011:324, paragraph 26; and Case C‑224/10 Apelt EU:C:2011:655, paragraph 47). By laying down, in Annex III thereto, a minimum threshold of visual acuity for the worse eye for drivers in group 2, for the purposes of that annex, Directive 2006/126 aims to improve road safety and thus to attain an objective of general interest. | 50. Accordingly, although the European Union is not a contracting party to the Rome Convention, it is none the less required, under Article 1(1) of the WPPT, not to stand in the way of the obligations of the Member States under that convention. Accordingly, that convention has indirect effects within the European Union. | 0 |
865,509 | 23 Furthermore, it should be pointed out that, in issuing the prohibition on administering clenbuterol to fattening cattle over 14 weeks old and holding, having in stock, buying or selling fattening cattle over 14 weeks old to which that substance has been administered, the Netherlands authorities discharged their obligations under Directive 86/469 (Albers, paragraph 23). | 73. Such a measure appears to be appropriate for achieving the objective pursued, since, by allowing prostitutes to give the operator of prostitution businesses directly and in person any evidence making it possible to establish the existence of an offence related to prostitution, it is likely to facilitate the performance by the competent national authorities of the necessary checks to ensure compliance with the provisions of national criminal law (see, by analogy, judgment in Commission v Germany , C‑490/04, EU:C:2007:430, paragraph 71). | 0 |
865,510 | 31. After finding that, under the Agreement, the right of establishment in the territory of a Contracting Party applies only to a self-employed person who is a national of a Member State of the European Union or of the Swiss Confederation, and that Article 1(a) of the Agreement, as an objective, explicitly grants the right of establishment on a self-employed basis only to natural persons, the Court held that it could not be argued that legal persons were granted the same right of establishment as natural persons under the Agreement (see, to that effect, Grimme , paragraphs 36, 37 and 39). | 20It should be noted that the question whether the grounds of a judgment of the Court of First Instance are contradictory is a question of law which is amenable, as such, to judicial review on appeal (Case C-401/96 P Somaco v Commission [1998] ECR I-2587, paragraph 53). | 0 |
865,511 | 35. Accordingly, in so far as EU law does not lay down common rules in this field, it is for each Member State to determine the rules governing the extinction, through the passage of time, of customs debts which it has not been possible to assess because of an act which could give rise to criminal court proceedings (see, by analogy, Case C-91/02 Hannl-Hofstetter [2003] ECR I‑12077, paragraphs 18 to 20, and Molenbergnatie , paragraph 53). | 10 The Commission, taking those aspects into account, presented two proposals for regulations based on Article 152 EC:
- the first was designed to substitute, in place of Regulation No 820/97, a new regulation having the same object but providing for the introduction of compulsory indications by two separate steps, the second of which was to commence on 1 January 2003 (hereinafter the first Commission proposal);
- the second (hereinafter the second Commission proposal) was designed temporarily to prolong application of the labelling provisions prescribed by Regulation No 820/97 pending adoption of the first Commission proposal. | 0 |
865,512 | 16 Next it should be observed that, when the Court examined whether Community law precluded the introduction of national legislation which, by making continuance of entitlement to benefits for incapacity for work subject to a condition applicable henceforth to men and women alike, has the effect of withdrawing from women in future rights which they derive from the direct effect of Article 4(1) of Directive 79/7, it expressly reserved consideration of the question whether, as such, an income requirement of the kind at issue in the main proceedings complied with the principle of equal treatment between men and women (De Weerd, née Roks, and Others, paragraph 29 in fine). | 56 The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product. It is on the latter, ultimately, that the product's reputation is based. | 0 |
865,513 | 20. In that regard, it must be noted that, according to the settled case-law of the Court, the procedure provided for in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the disputes before them ( Geistbeck , C‑509/10, EU:C:2012:416, paragraph 47, and Impacto Azul , C‑186/12, EU:C:2013:412, paragraph 26). | 28 MAIS, SI LA CONSTATATION DE L' ILLEGALITE DANS LES MOTIFS DE L' ARRET D' ANNULATION OBLIGE, EN PREMIER LIEU, L' INSTITUTION AUTEUR DE L' ACTE A ELIMINER CETTE ILLEGALITE DANS L' ACTE DESTINE A SE SUBSTITUER A L' ACTE ANNULE, ELLE PEUT EGALEMENT, EN TANT QU' ELLE VISE UNE DISPOSITION D' UN CONTENU DETERMINE DANS UNE MATIERE DONNEE, ENTRAINER D' AUTRES CONSEQUENCES POUR CETTE INSTITUTION . | 0 |
865,514 | 43. It is true, first, that, in accordance with Article 21 TFEU, citizenship of the Union confers on each Union citizen a primary and individual right to move and reside freely within the territory of the Member States, subject to the limitations and restrictions laid down by the Treaties and the measures adopted for their implementation (Case C-162/09 Lassal [2010] ECR I-9217, paragraph 29, and Case C-434/09 McCarthy [2011] ECR I-3375, paragraph 27). | 12. It must be borne in mind in that regard that the Court has held that it is in keeping with the objective pursued by the EU legislature to give the term ‘database’ as defined in Directive 96/9 a wide scope, unencumbered by considerations of a formal, technical or material nature (see judgments in Fixtures Marketing , C‑444/02, EU:C:2004:697, paragraph 20, and Ryanair , C‑30/14, EU:C:2015:10, paragraph 33). | 0 |
865,515 | 14. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêt du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9 et jurisprudence citée). | 53. Il ressort de ces dispositions que, pour qu’une violation des droits fondamentaux constitue une persécution au sens de l’article 1 er , section A, de la convention de Genève, elle doit atteindre un certain niveau de gravité. Toute violation des droits fondamentaux d’un demandeur d’asile homosexuel n’atteindra donc pas nécessairement ce niveau de gravité. | 0 |
865,516 | 19. Moreover, as the Court has already held, the rights conferred by those provisions are intended to facilitate the free movement of persons covered by social insurance (see Case C-368/98 Vanbraekel and Others [2001] ECR I-5363, paragraph 32; Case C-326/00 IKA [2003] ECR I-1703, paragraphs 38 and 51; and Case C-56/01 Inizan [2003] ECR I-0000, paragraph 21). | 76. En l’occurrence, ainsi qu’il a été constaté dans l’arrêt attaqué, les réunions du comité logistique de la FNAS, tenues entre entreprises concurrentes, dont Comap, et portant sur des éléments sensibles de la politique commerciale, notamment sur les prix, avaient un caractère anticoncurrentiel. Par conséquent, afin de renverser la présomption du caractère illicite de sa participation à ces réunions, Comap devrait apporter la preuve qu’elle s’est distancée publiquement du contenu de celles‑ci. | 0 |
865,517 | 69. With regard to Article 39 EC, it is settled case‑law that the concept of ‘worker’ within the meaning of that provision has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that, for a certain period of time, a person performs services for and under the direction of another person in return for which he receives remuneration (see, inter alia, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17; Trojani , cited above, paragraph 15; and Petersen , cited above, paragraph 45). | 27. The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures neutrality of taxation of all economic activities, whatever the purpose or results of those activities, provided that they are themselves subject to VAT (see Case 268/83 Rompelman [1985] ECR 655, paragraph 19; Case C-37/95 Ghent Coal Terminal [1998] ECR I-1, paragraph 15; Gabalfrisa and Others , paragraph 44; Case C-32/03 Fini H [2005] ECR I-1599, paragraph 25; Case C-255/02 Halifax and Others [2006] ECR I-1609, paragraph 78; Kittel and Recolta Recycling , paragraph 48; Case C-438/09 Dankowski [2010] ECR I-14009, paragraph 24; and Mahagében and Dávid , paragraph 39). | 0 |
865,518 | 41. Finally, so far as concerns the third argument, it is apparent from Joined Cases C‑403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-0000, paragraphs 76 to 145, that communications to the public by satellite must be capable of being received in all the Member States and that they therefore by definition have a cross-border nature. Furthermore, the communications at issue in the main proceedings display such a nature since they involve Belgian and Netherlands companies, Airfield and Canal Digitaal, and the programme-carrying signals are intended in particular for television viewers residing in Belgium and Luxembourg. | 69. It should also be added that both the effectiveness and the spirit of the Community provisions at issue require the conclusion that, where it is established that the person concerned would have been entitled to have the cost of medical treatment received in a non-member country borne by the institution of the Member State of stay (see paragraphs 25 and 26 above) and that treatment is among the benefits provided for by the legislation of the competent Member State, it is for the competent institution to reimburse to that person or his heirs directly the cost of that treatment, so as to ensure a level of assumption of costs equivalent to that which that person would have enjoyed if the provisions of Article 22(1)(a)(i) and (c)(i) of Regulation No 1408/71 had been applied (see, to that effect, Vanbraekel and Others , paragraph 34, and IKA , paragraph 61). | 0 |
865,519 | 22. According to settled case-law, questions on the interpretation of European Union law referred by a national court in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance (see, inter alia, Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑4233, paragraph 22 and case-law cited). | 16 TO THAT END , ARTICLE 10 OF THE REGULATION PROVIDES THAT CERTAIN MEMBERS OF THE MIGRANT WORKER ' S FAMILY MAY ALSO ENTER THE TERRITORY OF THE MEMBER STATE IN WHICH HE IS ESTABLISHED AND INSTALL THEMSELVES WITH HIM .
| 0 |
865,520 | 137. It should be recalled that it follows from Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice that an appeal lies on a point of law only. Accordingly, the Court of First Instance has sole jurisdiction to find and appraise the facts, except in a case where the factual inaccuracy of its findings arises from evidence adduced before it. The appraisal of the facts by the Court of First Instance does not constitute, save where the clear sense of the evidence produced before it is distorted, a question of law which is subject, as such, to review by the Court of Justice (Case C‑53/92 P Hilti v Commission [1994] ECR I‑667, paragraph 42; Joined Cases C‑280/99 P to C‑282/99 P Moccia Irme and Others v Commission [2001] ECR I‑4717, paragraph 78; and Case C‑362/05 P Wunenburger v Commission [2007] ECR I‑4333, paragraph 66). | 43. The competent national authorities cannot therefore authorise interventions where there is a risk of lasting harm to the ecological characteristics of sites which host priority natural habitat types. That would particularly be so where there is a risk that an intervention of a particular kind will bring about the disappearance or the partial and irreparable destruction of a priority natural habitat type present on the site concerned (see, as regards the disappearance of priority species, Case C‑308/08 Commission v Spain , paragraph 21, and Case C‑404/09 Commission v Spain , paragraph 163). | 0 |
865,521 | 39. For the purpose of replying to that question, it is appropriate to note, first, that the system of protection introduced by Directive 93/13 is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge. This leads to the consumer agreeing to terms drawn up in advance by the seller or supplier without being able to influence the content of those terms (Joined Cases C-240/98 to C-244/98 Océano Grupo Editorial and Salvat Editores [2000] ECR I-4941, paragraph 25; Case C-168/05 Mostaza Claro [2006] ECR I-10421, paragraph 25; and Case C-40/08 Asturcom Telecomunicaciones [2009] ECR I-9579, paragraph 29). | 19 IT FOLLOWS FROM THE PROVISIONS DISCUSSED ABOVE, TAKEN AS A WHOLE, THAT ARTICLE 43 OF THE TREATY IS THE APPROPRIATE LEGAL BASIS FOR ANY LEGISLATION CONCERNING THE PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS LISTED IN ANNEX II TO THE TREATY WHICH CONTRIBUTES TO THE ACHIEVEMENT OF ONE OR MORE OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 OF THE TREATY . THERE IS NO NEED TO HAVE RECOURSE TO ARTICLE 100 OF THE TREATY WHERE SUCH LEGISLATION INVOLVES THE HARMONIZATION OF PROVISIONS OF NATIONAL LAW IN THAT FIELD . | 0 |
865,522 | 37. In that regard, although, as the Raad van State has pointed out, the Court did not refer expressly in its subsequent judgments to paragraph 16 of Rush Portuguesa , it did, however, refer to paragraph 17 thereof, which makes explicit the consequence arising out of paragraph 16, namely that a Member State must be in a position to ascertain, subject to observance of the limits imposed by European Union law, that a provision of services is not, in actual fact, intended to make available labour which is not covered by the free movement of workers (see Commission v Luxembourg , paragraph 39, and Commission v Austria , paragraph 56). | 31 IN VIEW OF THE MANDATORY NATURE OF THE TIME-LIMIT LAID DOWN BY ARTICLE 36 OF THE CONVENTION, THE NATIONAL COURT MUST ENSURE THAT IT IS OBSERVED . IT SHOULD THEREFORE OF ITS OWN MOTION DISMISS AS INADMISSIBLE AN APPEAL LODGED PURSUANT TO NATIONAL LAW WHEN THAT APPEAL HAS THE EFFECT OF CIRCUMVENTING THAT TIME-LIMIT . | 0 |
865,523 | 67 As regards the first part of this plea, contrary to the appellants' argument, a breach of Community law by an institution in a field in which it enjoys a wide discretion is not in itself sufficient for the non-contractual liability of the Community to be incurred, under the second paragraph of Article 215 of the Treaty, in respect of damage suffered by individuals (see, to that effect, HNL and Others, paragraphs 4 and 6). Such an approach would render meaningless the criterion for establishing non-contractual liability and have the effect in the present case of disregarding the autonomous nature of the two remedies available to individuals in the event of an infringement of Community law. | 75. In that regard it is important to bear in mind that, under the procedure laid down in Article 267 TFEU, the Court has no jurisdiction to interpret national law, that being exclusively for the national court (see Case C-53/04 Marrosu and Sardino [2006] ECR I-7213, paragraph 54). | 0 |
865,524 | 70. In this case, ARE, which is an association set up to promote the collective interests of a category of persons, can only be regarded as being individually concerned within the meaning of the Plaumann v Commission case‑law to the extent to which the position of its members in the market is substantially affected by the aid scheme covered by the contested decision (see, to that effect, Cofaz and Others v Commission [1986] ECR 391, paragraphs 22 to 25, and the order in Sveriges Betodlares Centralförening and Henrikson v Commission , paragraph 45). | 32. The reason for pursuing that objective is the need to avoid a situation in which the level of protection of fundamental rights varies according to the national law involved in such a way as to undermine the unity, primacy and effectiveness of EU law (see, to that effect, Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and Case C‑399/11 Melloni [2013] ECR, paragraph 60). However, there is nothing in the order for reference to suggest that any such risk is involved in the case before the referring court. | 0 |
865,525 | 52. As the Court has already pointed out, the Member States are at liberty, in the framework of those conventions, to determine the connecting factors for the purposes of allocating powers of taxation (see Case C‑307/97 Saint-Gobain ZN [1999] ECR I-6161, paragraph 57). The Court has also accepted that a difference in treatment between nationals of the two Contracting States that results from that allocation cannot constitute discrimination contrary to Article 39 EC (see Gilly , cited above, paragraph 30). | 24. En ce qui concerne les taxes d’immatriculation des véhicules, il est de jurisprudence constante qu’un État membre peut soumettre à une taxe d’immatriculation un véhicule automobile immatriculé dans un autre État membre lorsque ledit véhicule est destiné à être essentiellement utilisé sur le territoire du premier État membre à titre permanent ou qu’il est, en fait, utilisé de cette façon (voir arrêt van Putten e.a., précité, point 46, ainsi que ordonnance Notermans-Boddenberg, précitée, point 26). | 0 |
865,526 | 45. According to the Court’s settled case-law, the need for a uniform application of EU law and the principle of equality require the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope normally to be given an independent and uniform interpretation throughout the European Union; that interpretation must take into account not only its wording but also its context and the objectives pursued by the rules of which it is part (see, to that effect, judgments in Ekro , 327/82, EU:C:1984:11, paragraph 11, and A , C‑523/07, EU:C:2009:225, paragraph 34 and the case-law cited). | 76. As a rule, a complete lack of any call for competition in the case of the award of a public service contract like that at issue in the main proceedings does not comply with the requirements of Articles 43 EC and 49 EC any more than with the principles of equal treatment, non-discrimination and transparency (see, by analogy, Parking Brixen , paragraph 50, and ANAV , paragraph 22). | 0 |
865,527 | 45. In accordance with Article 14(3) of Regulation No 659/1999, the recovery of aid must be carried out without delay or, if necessary, within the period laid down in the decision ordering its recovery. Delayed recovery, after the periods prescribed, cannot satisfy the requirements of the FEU Treaty (see, to that effect, judgment in Commission v Italy , C‑353/12, EU:C:2013:651, paragraphs 31 and 32 and the case-law cited). | 86. Consequently, the Court of First Instance held, at paragraph 367 of the judgment under appeal, that SGL Carbon, as ringleader of the cartel, did not satisfy the conditions set out in the Leniency Notice and could not claim a significant reduction in the fine imposed on it. Such an assessment, based on fact, cannot be challenged in an appeal. | 0 |
865,528 | 55. In that regard, it should be borne in mind that, according to settled case-law, in order to determine whether the body making a reference is a ‘court or tribunal’ for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes , whether it applies rules of law and whether it is independent (see, inter alia, Case C‑96/04 Standesamt Stadt Niebüll [2006] ECR I‑3561, paragraph 12 and the case-law cited). | 12. In order to determine whether a body making a reference is a court or tribunal for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes , whether it applies rules of law and whether it is independent (see, in particular, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23, and the case-law cited; Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 33; Case C-178/99 Salzmann [2001] ECR I-4421, paragraph 13; and Case C-182/00 Lutz and Others [2002] ECR I-547, paragraph 12). | 1 |
865,529 | 33
In that regard, the General Court recalled, firstly, in paragraph 22 of the judgment under appeal, that the Court of Justice has previously held that it follows from a schematic interpretation of the relevant regulations that the adoption by the Commission of a decision on financial corrections in connection with the Cohesion Fund, as from 2000, was subject to the observance of a certain time-limit, the length of which varied depending on the applicable rules (see, to that effect, judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 76, 82, 83, 93 and 94, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 76, 82, 83, 93 and 94). | 22. Should the taxable person choose to treat capital goods used for both business and private purposes as business goods, the input VAT due on the acquisition or construction of those goods is, as a rule, immediately deductible in full ( Seeling , paragraph 41, and Charles and Charles-Tijmens , paragraph 24). | 0 |
865,530 | 36
Moreover, it must also be recalled that it is apparent from the second subparagraph of Article 256(1) TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union that appeals are limited to points of law. The General Court therefore has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence placed before it. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts or evidence are distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, inter alia, judgment of 15 June 2017, Spain v Commission, C‑279/16 P, not published, EU:C:2017:461, paragraph 36). | 32 It need merely be pointed out, as the Commission has done without being contradicted, that the appellant was entitled to put forward at the hearing any observations on those documents which it considered necessary or to request an adjournment of the hearing to enable it to analyse the Commission's reply, but did not do so. In those circumstances, the appellant cannot, in an appeal, rely on a procedural safeguard which it had already waived. | 0 |
865,531 | 62
In order to determine whether an operation pursues an objective of fraud and abuse, the competent national authorities may not confine themselves to applying predetermined general criteria, but must carry out an individual examination of the whole operation at issue. The imposition of a general tax measure automatically excluding certain categories of taxable person from the tax advantage, without the tax authorities being required to provide even prima facie evidence of fraud and abuse, would go further than is necessary for preventing fraud and abuse (judgment of 7 September 2017, Eqiom and Enka, C‑6/16, EU:C:2017:641, paragraph 32 and the case-law cited). | 32
In order to determine whether an operation pursues an objective of fraud and abuse, the competent national authorities may not confine themselves to applying predetermined general criteria, but must carry out an individual examination of the whole operation at issue. The imposition of a general tax measure automatically excluding certain categories of taxpayers from the tax advantage, without the tax authorities being obliged to provide even prima facie evidence of fraud and abuse, would go further than is necessary for preventing fraud and abuse (see, to that effect, judgment of 8 March 2017, Euro Park Service, C‑14/16, EU:C:2017:177, paragraphs 55 and 56). | 1 |
865,532 | 22 A reference by a national court can be rejected only if it appears that the procedure laid down by Article 177 of the Treaty has been misused and a ruling from the Court elicited by means of a contrived dispute, or it is obvious that Community law cannot apply, either directly or indirectly, to the circumstances of the case referred to the Court (Giloy, cited above, paragraph 22). | 95. While the rules for applying that condition do not, in themselves, appear to be unreasonable, none the less that condition is too exclusive in nature. Indeed, by requiring specific periods of past presence in the competent Member State, the condition of past presence unduly favours an element which is not necessarily representative of the real and effective degree of connection between the claimant to short-term incapacity benefit in youth and that Member State, to the exclusion of all other representative elements. It therefore goes beyond what is necessary to attain the objective pursued (see, by analogy, D’Hoop , paragraph 39). | 0 |
865,533 | 21. As is quite clear from the wording of Articles 17(5) and 19(1) of the Sixth Directive, the latter provision refers only to the proportion deductible under the first subparagraph of Article 17(5) of the directive, and therefore lays down a detailed rule for calculating the proportion referred to in the first of those two provisions only ( Royal Bank of Scotland , paragraph 22) and, by extension, for the deduction to be made pursuant to Article 17(5)(d) of the said directive. | 95. In proceedings for infringement of the competition rules, it is the statement of objections which constitutes the essential procedural safeguard in this respect (see, to that effect, judgments in Musique Diffusion française and Others v Commission , 100/80 to 103/80, EU:C:1983:158, paragraph 10, and Papierfabrik August Koehler and Others v Commission , EU:C:2009:500, paragraph 35). | 0 |
865,534 | 40. In that respect, it must be noted that, according to the Court’s settled case-law, Article 1(2) of Directive 91/439 provides for the mutual recognition, without any formality, of driving licences issued by Member States. That provision imposes on those Member States a clear and precise obligation which leaves no room for discretion as to the measures to be adopted in order to comply with it (see, inter alia, Case C‑321/07 Schwarz [2009] ECR I‑1113, paragraph 75, and Case C‑184/10 Grasser [2011] ECR I‑0000, paragraph 19). It must be stated that the same is true as regards Article 2(1) of Directive 2006/126, whose wording is the same as that of Article 1(2) of Directive 91/439. | 102. Il y a lieu de rappeler à titre liminaire que la question de savoir si la motivation d’un arrêt du Tribunal est contradictoire ou insuffisante constitue une question de droit pouvant, en tant que telle, être invoquée dans le cadre d’un pourvoi (voir, notamment, arrêts du 7 mai 1998, Somaco/Commission, C‑401/96 P, Rec. p. I‑2587, point 53, et du 8 février 2007, Groupe Danone/Commission, C‑3/06 P, Rec. p. I‑1331, point 45). | 0 |
865,535 | 18 The Court has consistently held that the system of variable export refunds is intended to gain and maintain access for Community exports to the markets of the non-member countries concerned and the variation in the refund is based on the desire to take account of the particular characteristics of each import market in which the Community wishes to play a part (see in particular Case 125/75 Eier-Kontor v Hauptzollamt Hamburg-Jonas [1976] ECR 771, paragraph 5, and Case 89/83 Hauptzollamt Hamburg-Jonas v Dimex [1984] ECR 2815, paragraph 8). | 22. To ensure that national scrutiny is actually carried out and executed correctly and, accordingly, that the need to protect the financial interests of the European Union is served, Regulation No 4045/89 makes that scrutiny itself sub ject to supervision and coordination on the part of the Commission, reflecting the reasoning of the tenth recital. Article 2 specifically of that regulation seeks to organise the uniform system for scrutiny under the supervision of the Commission. Article 2(4) ensures inter alia that scrutiny is to some extent systematic and to some extent regular (see Unanimes and Others , paragraph 18). | 0 |
865,536 | 38
Although that provision grants the Member States a certain degree of discretion when adopting the measures to determine the amount of the reduction, that does not alter the precise and unconditional nature of the obligation to allow the reduction in the taxable amount in the cases referred to by that provision. It therefore fulfils the conditions for it to have direct effect (judgment of 15 May 2014, Almos Agrárkülkereskedelmi, C‑337/13, EU:C:2014:328, paragraph 34). | 30. However, beyond the usual case where the average consumer perceives a mark as a whole, and notwithstanding that the overall impression may be dominated by one or more components of a composite mark, it is quite possible that in a particular case an earlier mark used by a third party in a composite sign including the name of the company of the third party still has an independent distinctive role in the composite sign, without necessarily constituting the dominant element. | 0 |
865,537 | 25. The Court held that the fact that a worker’s earnings do not cover all his needs cannot preclude him from being a member of the working population and that employment which yields an income lower than the minimum required for subsistence or normally does not exceed even 10 hours a week does not prevent the person in such employment from being regarded as a worker within the meaning of Article 39 EC (see, to that effect, Case C‑213/05 Geven [2 007] ECR I‑6347, paragraph 27, and Megner and Scheffel , paragraph 18). | 42 Admittedly, as the Swedish Government has pointed out, Regulation No 1408/71 does not expressly cover family situations following a divorce. However, contrary to that Government's argument, there is nothing to justify the exclusion of such situations from the scope of Regulation No 1408/71. | 0 |
865,538 | 40. Next, the fact that the term ‘slogan’ is not expressly used in Regulation No 40/94 is not such as to establish that the General Court considered advertising slogans to be a subcategory of trade marks. Article 4 of the regulation, in listing the types of sign capable of constituting a trade mark within the meaning of the regulation, in no way had the purpose of establishing or defining different categories of trade marks consisting of signs. The concept of a ‘slogan’, like that of a ‘word sign’ or ‘word mark’ was developed by the case-law on the interpretation of that regulation, without such slogans being considered to be a special subcategory of word signs, or even a distinct category thereof. The Court has, on several occasions, classified word signs with a laudatory connotation as slogans (see, inter alia, Case C-517/99 Merz & Krell [2001] ECR I-6959, paragraphs 39 and 40; OHIM v Erpo Möbelwerk paragraphs 35, 36, 41 and 44; and Audi v OHIM , paragraphs 56, 58, and 59). | 20 Since no guidance is to be found in the provisions of the regulation, consideration must therefore be given to the principles underlying Article 51 of the EEC Treaty, on which Regulation No 1408/71 is based . | 0 |
865,539 | 57. In that regard, it should be pointed out that, according to settled case‑law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 to 24; Case C‑213/89 Factortame and Others [1990] ECR I‑2433, paragraphs 19 to 21; and Case C‑119/05 Lucchini [2007] ECR I‑0000, paragraph 61). | 34 Consequently, the prohibition of the use of the term `cheese' to designate products derived from milk in which a natural constituent of milk has been replaced by a foreign substance, even when explanatory descriptions appear on the packaging, does not constitute a measure manifestly inappropriate to achieving the objective pursued and consequently such a prohibition is not contrary to the principle of proportionality. | 0 |
865,540 | 23 As regards the first of those concepts, it should be recalled at the outset that the Court has consistently concluded from the wording of Article 12 of the EEC-Turkey Association Agreement and Article 36 of the additional protocol, signed on 23 November 1970, annexed to that Agreement and concluded by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113, p. 18), as well as from the objective of Decision No 1/80, that the principles enshrined in Articles 48, 49 and 50 of the EC Treaty must be extended, so far as possible, to Turkish workers who enjoy the rights conferred by Decision No 1/80 (see, to that effect, Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14, 19 and 20; Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraphs 20 and 28, and the judgments in Günaydin, paragraph 21, and Ertanir, paragraph 21). | 14 It should first be noted that Decision No 2/76 is presented, in Article 1 thereof, as constituting a first stage in securing freedom of movement for workers between the Community and Turkey which was to last for four years as from 1 December 1976. Section 1 of Chapter II, headed "Social Provisions", of Decision No 1/80, which includes Article 6, constitutes a further stage in securing freedom of movement for workers and has applied, pursuant to Article 16, since 1 December 1980. As from that date, Article 6 of Decision No 1/80 has replaced the corresponding, less favourable, provisions of Decision No 2/76. That being so, for the purposes of giving a helpful answer to the questions submitted to the Court, and having regard to the times at which the facts summarized above occurred, it is solely to Article 6 of Decision No 1/80 that reference should be made.
The first question | 1 |
865,541 | 59. It is only where that preliminary investigation has led the Commission to the opposite conclusion or if such an investigation does not permit all the difficulties involved in determining whether the aid is compatible with the common market to be overcome, that the Commission is under a duty to carry out all the requisite consultations and for that purpose to initiate the procedure under Article 88(2) EC (see to that effect, inter alia, Case 84/82 Germany v Commission [1984] ECR 1451, paragraph 13; Cook v Commission , paragraph 29; Matra v Commission , paragraph 33; Commission v Sytraval and Brink’s France , paragraph 39; and Portugal v Commission , paragraph 33). | 29 As the Court pointed out in its abovementioned judgment in Germany v Commission (at paragraph 13), the procedure under Article 93(2) is essential whenever the Commission has serious difficulties in determining whether an aid is compatible with the common market. The Commission may restrict itself to the preliminary examination under Article 93(3) when taking a decision in favour of an aid only if it is able to satisfy itself after the preliminary examination that the aid is compatible with the Treaty. If, on the other hand, the initial examination leads the Commission to the opposite conclusion or if it does not enable it to overcome all the difficulties involved in determining whether the aid is compatible with the common market, the Commission is under a duty to obtain all the requisite opinions and for that purpose to initiate the procedure provided for in Article 93(2). | 1 |
865,542 | 24 The levying of a charge by SEPG for preventive anti-pollution surveillance is an integral part of its surveillance activity in the maritime area of the port and cannot affect the legal status of that activity (Case C-364/92 SAT Fluggesellschaft v Eurocontrol, cited above, paragraph 28). Moreover, as stated in paragraph 8 of this judgment, the tariffs applied by SEPG have been approved by the public authorities. | 40. According to Article 47(2) of that regulation, the exporter has, except in cases of force majeure , a period of 12 months following the date on which the export declaration was accepted to submit to the competent national authorities the application for refund and all the other documents necessary for the payment thereof. Such a time-limit takes account of the interest of the Member States' authorities in closing export refund files within a reasonable time, in particular where advances on the amount of refunds have been paid in accordance with Article 22 of Regulation No 3665/87 (see, to that effect, in respect of the equivalent provisions in Commission Regulation (EEC) No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1979 L 317, p. 1), which applied before the entry into force of Regulation No 3665/87, Case C-155/89 Philipp Brothers [1990] ECR I-3265, paragraph 39). | 0 |
865,543 | 47. As the Advocate General stated in paragraph 68 of his Opinion, the appellants have not explained what was supposed to have been the influence of the examination by the General Court of the conduct alleged against the institutions on the assessment of the condition concerning the causal link in the judgment under appeal. The General Court could examine the causal link starting from the assumption that, as alleged by the appellants, the act impugned was actually illegal and the damage was real (see, by analogy, Lucaccioni v Commission , paragraphs 12, 15 and 16, and the order of 12 April 2005 in Case C-80/04 P DLD Trading Company Import-Export v Council , paragraph 50). | 81 However, the procedure for reviewing State aid, in particular that provided for by the Fifth Code, is, in view of its general scheme, a procedure initiated in respect of the Member State responsible, in light of its Community obligations, for granting the aid. Thus, in order to observe the rights of the defence, where the Member State concerned was not afforded an opportunity to comment on certain information, the Commission may not use it in its decision with regard to that State (see Case 234/84 Belgium v Commission (`Meura)' [1986] ECR 2263, paragraph 29). | 0 |
865,544 | 24 In principle the recovery of aid must take place in accordance with the relevant procedural provisions of national law, subject however to the proviso that those provisions are to be applied in such a way that the recovery required by Community law is not rendered practically impossible (Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 61; Case C-5/89 Commission v Germany [1990] ECR I-3437, paragraph 12; the same applies as regards recovery of Community aid, see Deutsche Milchkontor, cited above). In particular, the interests of the Community must be taken fully into consideration in the application of a provision which requires the various interests involved to be weighed up before a defective administrative measure is withdrawn (Case 94/87 Commission v Germany, cited above, paragraph 12). | 60 In taking that action, the Council did not exceed the limits of its discretionary power, since, in particular, a variable duty is generally more favourable to the traders in question, on account of the fact that it makes it possible to avoid anti-dumping duties, provided that the imports are effected at prices above the minimum price fixed . | 0 |
865,545 | 30 That argument cannot be accepted. The regulation at issue was not designed to exclude imports above certain quantities completely but left open the possibility of issuing import licences against payment of an additional amount (see the judgment in Case 345/82 Wuensche [1984] ECR 1995, paragraph 25). Having opted for that latter solution, the Council was obliged to comply with the principle of proportionality. | 31. According to the case-law of the Court of Justice, it is necessary to distinguish between, on the one hand, the role of a Member State as shareholder of an undertaking and, on the other, that of the State acting as a public authority. The applicability of the private investor test ultimately depends on the Member State concerned having conferred, in its capacity as shareholder and not in its capacity as public authority, an economic advantage on an undertaking (see judgments in Spain v Commission , EU:C:1994:325, paragraph 22, and Commission v EDF , EU:C:2012:318, paragraphs 80 and 81). | 0 |
865,546 | 33 On the basis of the second sentence of Article 36 of the Treaty the Court has consistently held:
"Inasmuch as it provides an exception to one of the fundamental principles of the common market, Article 36 in fact only admits of derogations from the free movement of goods where such derogations are justified for the purpose of safeguarding rights which constitute the specific subject-matter of this property.
In relation to trade marks, the specific subject-matter of the industrial property is the guarantee that the owner of the trade mark has the exclusive right to use that trade mark, for the purpose of putting products protected by the trade mark into circulation for the first time, and is therefore intended to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products illegally bearing that trade mark.
An obstacle to the free movement of goods may arise out of the existence, within a national legislation concerning industrial and commercial property, of provisions laying down that a trade mark owner' s right is not exhausted when the product protected by the trade mark is marketed in another Member State, with the result that the trade mark owner can [oppose] importation of the product into his own Member State when it has been marketed in another Member State.
Such an obstacle is not justified when the product has been put onto the market in a legal manner in the Member State from which it has been imported, by the trade mark owner himself or with his consent, so that there can be no question of abuse or infringement of the trade mark.
In fact, if a trade mark owner could prevent the import of protected products marketed by him or with his consent in another Member State, he would be able to partition off national markets and thereby restrict trade between Member States, in a situation where no such restriction was necessary to guarantee the essence of the exclusive right flowing from the trade mark" (see Case 16/74 Centrafarm v Winthrop [1974] ECR 1183, paragraphs 7 to 11). | 52. On the other hand, in special circumstances, the requirements of the business may make it necessary for the employer to take responsibility for the provision of transport for employees between their homes and the workplace, with the result that the transport is organised by the employer for purposes which are not other than those of the business (see, to that effect, Fillibeck , paragraphs 29 and 30). | 0 |
865,547 | 86
In that regard, it must be noted that Article 64(1) TFEU enshrines the power of the Member State, in its relations with non-member States, to apply restrictions on capital movements which come within the substantive scope of that provision, even though they contravene the principle of the free movement of capital laid down under Article 63(1) TFEU, provided that those restrictions already existed on 31 December 1993 (judgments of 12 December 2006, Test Claimants in the FII Group Litigation, C‑446/04, EU:C:2006:774, paragraph 187, and of 24 May 2007, Holböck, C‑157/05, EU:C:2007:297, paragraph 39). | 43 Where it is established that the identification numbers have been applied for purposes which are legitimate from the point of view of Community law, but are also used by the trade mark owner to enable him to detect weaknesses in his sales organization and thus combat parallel trade in his products, it is under the Treaty provisions on competition that those engaged in parallel trade should seek protection against action of the latter type.
Removal of the word `pure' and the importer's name on the labels | 0 |
865,548 | 23. The Court has stated that the decisive factor for the purposes of the application of Regulation No 1408/71 is that there must be a direct and sufficiently relevant link between the provision in question and the legislation governing the branches of social security listed in Article 4 of Regulation No 1408/71 (judgments in Rheinhold & Mahla , EU:C:1995:144, paragraph 23; Commission v France , EU:C:2000:84, paragraph 35; and Commission v France , EU:C:2000:85, paragraph 33). | 23 As the Advocate General has rightly pointed out in point 16 of his Opinion, the decisive factor is that there must be a link between the provision in question and the legislation governing the branches of social security listed in Article 4 of Regulation No 1408/71, and that link must be direct and sufficiently relevant. | 1 |
865,549 | 28 That interpretation is not altered by the fact that the remuneration of the person concerned is provided using public funds since, by analogy with the case-law relating to Article 48 of the Treaty, neither the origin of the funds from which the remuneration is paid, nor the `sui generis' nature of the employment relationship under national law and the level of productivity of the person concerned can have any consequence in regard to whether or not the person is to be regarded as a worker (see, for example, Case 344/87 Bettray [1989] ECR 1621, paragraphs 15 and 16). | 57 On the other hand, there is no need to have recourse to the criterion of whether the use of the substance is similar to a common method of waste recovery. | 0 |
865,550 | 18. In that regard, although it is clear from Article 3(1) of the Directive that each of the grounds for refusal listed in that provision is independent of the others and calls for separate examination (see inter alia Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161, paragraph 67), there is a clear overlap between the scope of the grounds for refusal set out in subparagraphs (b), (c) and (d) of Article 3(1) (see, to that effect, Case C-517/99 Merz & Krell [2001] ECR I-6959, paragraphs 35 and 36). | 30 IT IS TRUE THAT , IN ORDER TO OBTAIN EAGGF FINANCING FOR THE STORAGE AID IN QUESTION , THE LUXEMBOURG GOVERNMENT HAD TO DEMONSTRATE , NOT ONLY THAT THE WINE STORED WAS ACTUALLY TABLE WINE AT THE TIME WHEN THE STORAGE CONTRACTS WERE CONCLUDED , BUT ALSO THAT IT WAS NEVER RECOGNIZED AS QUALITY WINE PSR . HOWEVER , IN VIEW OF THE PARTICULAR CIRCUMSTANCES , THE QUESTION MUST BE ASKED WHETHER THE LUXEMBOURG GOVERNMENT HAS NOT SATISFIED THAT EVIDENTIAL REQUIREMENT .
| 0 |
865,551 | 33. With regard to the argument relied upon by the Kingdom of Spain – according to which the profession of air traffic controller does not fall within the scope of Directives 89/48 and 92/51 since, in view of the lack of a ‘diploma’ within the meaning of those directives which would authorise the pursuit of that activity, it is not a ‘regulated profession’ – it should be pointed out that the concept of regulated profession within the meaning of the directive falls under Community law and that it follows from the definitions laid down in Article 1(c) and (d) of Directive 89/48 and 1(e) and (f) of Directive 92/51 that a provision must be considered to be regulated where access to the professional activity at issue or its exercise is governed by laws, regulations or administrative provisions creating a system under which that professional activity is expressly reserved to those who fulfil certain conditions and access to it is prohibited to those who do not fulfil them (see, to that effect, Case C‑313/01 Morgenbesser [2003] ECR I‑13467, paragraph 49). | 45. It follows from the above that the prorogation of jurisdiction provided for in Article 12(3) of Regulation No 2201/2003 in matters of parental responsibility may be applied without it being necessary for those proceedings to be related to other proceedings already pending before the court in whose favour the prorogation of jurisdiction is sought. | 0 |
865,552 | 69. Pursuant to Article 225(1) EC and the first paragraph of Article 58 of the Statute of the Court of Justice, an appeal is limited to points of law. The Court of First Instance has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where those facts or evidence have been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice on appeal (see, inter alia, Case C-104/00 P DKV v OHIM [2002] ECR I‑7561, paragraph 22; Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I‑551, paragraph 35; and Case C-25/05 P Storck v OHIM [2006] ECR I‑5719, paragraph 40). | 34. It should also be noted that the provisions of the Agreement are intended for the following categories of persons, whether Community or Swiss nationals: the self-employed, which include also self-employed frontier workers, workers, which include employed workers, workers on secondment and employed frontier workers, persons providing services, recipients of services, persons employed for a period of less than one year in the territory of a Contracting Party, students, jobseekers, persons not engaged in gainful activity and members of the families of those various categories of nationals. All those categories of persons, with the exception of persons providing services and recipients of services, are by their nature categories of natural persons. | 0 |
865,553 | 85. Furthermore, it was not until at best two years after the delivery of the judgment in Case C‑99/02 Commission v Italy that the first coherent measures were adopted by the Italian Republic to remedy the difficulties of identifying and recovering the aid that had been declared unlawful and incompatible by Decision 2000/128, as is apparent from paragraphs 10 to 19 above and was admitted by the Italian Republic at the hearing. In particular, Decree-Law No 59 of 8 April 2008, intended to solve the procedural problem caused by the Italian courts’ suspension of the orders for recovery of the unlawful aid in question, was not enacted until after the period prescribed in the reasoned opinion of 1 February 2008 had expired, and provided only an imperfect solution to the delay in recovering the aid covered by that decision (see, by analogy, Case C‑304/09 Commission v Italy [2010] ECR I‑0000, paragraphs 40 to 42, and Case C‑305/09 Commission v Italy [2010] ECR I‑0000, paragraphs 38 to 40). | 50. Access to the activities of praticante and praticante-patrocinante which are at issue in the main proceedings, and the pursuit of those activities, are governed by legal provisions establishing a system which reserves those activities for persons who fulfil certain conditions and prohibits access to persons who do not fulfil them. | 0 |
865,554 | 44 In that connection it should be observed that, although under the Court's case-law the complaints in the application must be identical to those in the letter of formal notice and in the reasoned opinion, that requirement cannot be carried so far as to mean that in every case the statement of complaints must be exactly the same, where the subject-matter of the proceedings has not been extended or altered (Case C-365/97 Commission v Italy [1999] ECR I-7773, paragraph 25). In the present case that condition is satisfied and accordingly the plea of inadmissibility raised by the French Government cannot be upheld. | 27 In view of the foregoing, the answer to the first question must be that Article 4(1) or (2) of the Birds Directive is to be interpreted as meaning that a Member State is not authorized to take account of the economic requirements mentioned in Article 2 thereof when designating an SPA and defining its boundaries.
The second question
The first part of the second question | 0 |
865,555 | 63. It is true that, according to the Court’s case-law, a call for competition is not compulsory for contracts concluded between a local authority and a person legally distinct from it, where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities (see, Teckal , paragraph 50, and Case C-84/03 Commission v Spain [2005] ECR I-139, paragraphs 38 and 39). | À cet égard, et contrairement à ce que soutient la requérante, la notion de « soutien logistique », au sens de la décision
2010/413 et du règlement n° 267/2012, est suffisamment explicite pour permettre de comprendre la raison pour laquelle le Conseil
considère que les activités de la requérante relèvent d’une telle notion. En effet, IOEC ne pouvait raisonnablement ignorer
que le Conseil visait particulièrement, comme le relève à juste titre le Tribunal au point 53 de l’arrêt attaqué, les activités
de la requérante qui sont censées permettre au gouvernement iranien de répondre à des besoins logistiques déterminés dans
le secteur du pétrole et du gaz. La seule circonstance que, dans l’arrêt attaqué, le Tribunal a défini ce qu’il convient d’entendre
par « appui logistique » ne suffit pas à démontrer que cette expression était au préalable insuffisamment déterminée. | 0 |
865,556 | 10 It must be stressed that Article 12 of the Regulation forms part of Section VII, entitled "Exceptions", which follows a set of very detailed provisions regulating driving and rest periods. The Court has already held, with regard to social provisions in the field of road transport, that derogations are not to be interpreted in such a way as to extend their effects beyond what is necessary to safeguard the interests which they seek to secure (see Case 90/83 Paterson v Weddel [1984] ECR 1567, paragraph 16, and Case C-116/91 Licensing Authority South Eastern Traffic Area v British Gas [1992] ECR I-4071, paragraph 12). In the present case, the derogation provided for in Article 12 is intended to ensure the safety of persons, of the vehicle and of its load. | 27. In matters relating to tort, delict and quasi-delict, the courts for the place where the harmful event occurred are usually the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence (see, to that effect, Case C-167/00 Henkel [2002] ECR I-8111, paragraph 46, and Zuid‑Chemie , paragraph 24). | 0 |
865,557 | 20 It is clear from paragraph 34 of the judgment in Bautiaa and Société Française Maritime that the merger transactions at issue in that case constituted an increase in the capital of a capital company by contribution of assets of any kind, within the meaning of Article 4(1)(c) of the Directive, in the particular circumstances referred to in Article 7(1)(b), that is to say, the transfer by one or more capital companies of all of their assets and liabilities to one or more capital companies which are in the process of being formed or which are already in existence. | 63. It should be stated at the outset that the free movement of goods is one of the fundamental principles of the Treaty (Case C-265/95 Commission v France [1997] ECR I-6959, paragraph 24). | 0 |
865,558 | 13 In proceedings under Article 177 of the Treaty the Court may rule neither on the interpretation of national laws or regulations nor on the conformity of such measures with Community law. Consequently, it may neither interpret the provisions of the UrhG nor may it assess their conformity with Community law. The Court may only provide the national court with criteria for interpretation based on Community law which will enable that court to solve the legal problem with which it is faced (judgment in Joined Cases 91 and 127/83 Heineken Brouwerijen v Inspecteurs der Vennootschapsbelasting, Amsterdam and Utrechts [1984] ECR 3435, paragraph 10). | 27
In matters relating to tort, delict or quasi-delict, the courts for the place where the harmful event occurred or may occur are usually the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence (judgments of 16 May 2013, Melzer, C‑228/11, EU:C:2013:305, paragraph 27, and of 21 May 2015, CDC Hydrogen Peroxide, C‑352/13, EU:C:2015:335, paragraph 40). | 0 |
865,559 | 34. It is clear from the case-law of the Court that a restriction on the freedom to provide services is regarded as warranted only if it pursues a legitimate objective compatible with the EC Treaty and is justified by overriding reasons relating to the public interest, in which case it must be suitable for securing the attainment of that objective and must not go beyond what is necessary in order to do so (see, inter alia, Case C-398/95 SETTG [1997] ECR I-3091, paragraph 21; Case C-341/05 Laval un Partneri [2007] ECR I-11767, paragraph 101; and Jobra , paragraph 27). | 24 HOWEVER , IF DISPARITIES IN THE LEGISLATION OF MEMBER STATES PROVED TO BE SUCH AS TO COMPROMISE THE EQUAL TREATMENT OF PRODUCERS AND TRADERS IN DIFFERENT MEMBER STATES OR DISTORT OR IMPAIR THE FUNCTIONING OF THE COMMON MARKET , IT WOULD BE FOR THE COMPETENT COMMUNITY INSTITUTIONS TO ADOPT THE PROVISIONS NEEDED TO REMEDY SUCH DISPARITIES .
| 0 |
865,560 | 26 Here, it should first be stated that the Court has consistently held that Article 95 of the Treaty applies only to products from the Member States and, where appropriate, to goods originating in non-member countries which are in free circulation in the Member States. It follows that that provision is not applicable to products imported directly from non-member countries (Case C-130/92 OTO [1994] ECR I-3281, paragraph 18). | 20. In those circumstances no special protection is justified since the parties concerned are professionals in the insurance sector, none of whom may be presumed to be in a weaker position than the others. | 0 |
865,561 | 15 Since, therefore, it confines itself to stating what the parties to such agreements may or may not undertake to do in relations with third parties, that regulation does not, in contrast, serve to regulate the activities of such third parties, who may operate in the market outside the framework of distribution agreements (judgment in Nissan France and Others, paragraph 18). | 50
Such an obstacle is permissible only if it relates to situations which are not objectively comparable or if it is justified by overriding reasons in the public interest (judgment of 17 July 2014, Nordea Bank Danmark, C‑48/13, EU:C:2014:2087, paragraph 23 and the case-law cited). | 0 |
865,562 | 18. Those situations include those involving the exercise of the fundamental freedoms guaranteed by the Treaty and those involving the exercise of the right to move and reside within the territory of the Member States, as conferred by Article 18 EC ( Bidar , paragraph 33). | 37. In those circumstances, the account taken by the Commission of the wide variety of operations covered by the concept of assembly throughout the industrial sector concerned justified reliance being placed on the criterion of added value. | 0 |
865,563 | 20. That principle has been upheld by the Court not only in cases where the national rule in question gave rise to direct discrimination against goods imported from other Member States ( Pistre and Others , cited above, paragraph 44), but also in situations where the national rule applied without distinction to national and imported products and was thus likely to constitute a potential impediment to intra-Community trade covered by Article 28 EC (see, to that effect, Case C-448/98 Guimont [2000] ECR I-10663, paragraphs 21 and 22). | 66. La Commission propose l’imposition tant d’une astreinte que d’une somme forfaitaire pour les mêmes raisons que celles exposées dans l’arrêt Commission/Italie (C‑496/09, EU:C:2011:740, points 42 à 45 et 82 à 92). | 0 |
865,564 | 82. It should be recalled at the outset that the extent of the obligation to state reasons is a question of law reviewable by the Court on appeal (Case C-413/06 P Bertelsmann and Sony Corporation of America v Impala [2008] ECR I-4951, paragraph 30 and the case-law cited). | 27 HOWEVER , THAT MECHANISM CAN FUNCTION ONLY IF THE CUSTOMS AUTHORITIES OF THE IMPORTING COUNTRY ACCEPT THE DETERMINATIONS LEGALLY MADE BY THE AUTHORITIES OF THE EXPORTING COUNTRY . RECOGNITION OF SUCH DECISIONS BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES IS NECESSARY IN ORDER THAT THE COMMUNITY CAN , IN TURN , DEMAND THAT THE AUTHORITIES OF OTHER COUNTRIES WITH WHICH IT HAS CONCLUDED FREE-TRADE AGREEMENTS ACCEPT THE DECISIONS TAKEN BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES CONCERNING THE ORIGIN OF PRODUCTS EXPORTED FROM THE COMMUNITY TO THOSE NON-MEMBER COUNTRIES .
| 0 |
865,565 | 179. In that regard, it must be observed that, under Article 51(1) of the Charter, its provisions are addressed to the Member States only when they are implementing Union law. Under Article 51(2), the Charter does not extend the field of application of Union law beyond the powers of the Union, or establish any new power or task for the Union or modify powers and tasks as defined in the Treaties. Accordingly, the Court is called upon to interpret, in the light of the Charter, the law of the European Union within the limits of the powers conferred on it (see Case C‑400/10 PPU McB . [2010] ECR I‑8965, paragraph 51, and Case C‑256/11 Dereci and Others [2011] ECR I‑11315, paragraph 71). | En outre, lorsqu’il s’agit d’une infraction s’étendant sur plusieurs années, le fait que la preuve directe de la participation d’une société à cette infraction pendant une période déterminée n’a pas été apportée ne fait pas obstacle à ce que cette participation, également pendant cette période, soit constatée, pour autant que cette constatation repose sur des indices objectifs et concordants (arrêt du 17 septembre 2015, Total Marketing Services/Commission, C‑634/13 P, EU:C:2015:614, point 27). | 0 |
865,566 | 111. As regards, more specifically, the WTO agreements, it is settled case-law that, given their nature and structure, those agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the Community institutions (see, in particular, Portugal v Council , paragraph 47; Biret International v Council , paragraph 52; and Van Parys , paragraph 39). | 46. The wording of Article 1(1) of the Regulation shows that the insolvency proceedings to which it applies must have four characteristics. They must be collective proceedings, based on the debtor’s insolvency, which entail at least partial divestment of that debtor and prompt the appointment of a liquidator. | 0 |
865,567 | 27 It must be pointed out here that Article 11A(3)(b) of the Sixth Directive is merely an application of the rule laid down in Article 11A(1)(a) of that directive as interpreted by the Court in its decisions (see the judgment in Boots Company, cited above, paragraph 19). According to the latter provision, the taxable amount is, with regard to the supply of goods, everything which constitutes the consideration which has been or is to be obtained by the supplier from the purchaser. According to the Court's settled case-law, the definitive taxable amount for the supply of goods is the consideration actually received for them (see Case C-38/93 Glawe [1994] ECR I-1679, paragraph 8, and Case C-288/94 Argos Distributors [1996] ECR I-5311, paragraph 16). Article 11A(1)(a) thus ensures the neutrality of the tax, a principle inherent in the common system of VAT which must be observed when the provisions of the Sixth Directive are to be interpreted (see, to that effect, Case C-317/94 Elida Gibbs [1996] ECR I-5339, paragraphs 26 to 31). | 32
However, national rules on extradition such as those at issue in the main proceedings give rise to a difference in treatment depending on whether the person concerned is a national of the Member State in question or a national of another Member State, in that they result in nationals of other Member States, such as Mr Petruhhin, not being granted the protection against extradition enjoyed by nationals of the Member State in question. In so doing, such rules are liable to affect the freedom of nationals of other Member States to move within the European Union. | 0 |
865,568 | 36 As a subsidiary argument, it has maintained that, by virtue of the case-law of the Court, in order to qualify for the derogation provided for in Article 90(2), it is not sufficient for a Member State to have entrusted to an undertaking the operation of a service of general economic interest but it is also necessary for the application of the rules of the Treaty to obstruct the performance of the particular tasks assigned to the undertaking and for the interests of the Community not to be affected (Case C-179/90 Merci Convenzionali Porto di Genova v Siderurgica Gabrielli [1991] ECR I-5889, paragraph 26). The Commission adds that it is clear from the judgments in Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 and 16, and Case C-393/92 Almelo, cited above, paragraph 49, that, for restrictions on competition involving the granting of exclusive rights to undertakings entrusted with tasks of general economic interest to be justified under Article 90(2) of the Treaty, they must be necessary to ensure performance of the specific tasks assigned to those undertakings and in particular to enable them to operate under economically acceptable conditions. | 36 Contrary to Road Air's assertion, that interpretation does not render Article 134 of the Treaty meaningless. It is sufficient, on that point, to note that, between the entry into force of the Treaty and creation of the common customs area, certain products originating in non-member countries could be granted a reduction of customs duties or be exempted from duties in an OCT, and thereafter in the Member State with which that OCT maintained special relations. That situation was capable of giving rise to deflections of trade to the detriment of a Member State and the latter would therefore have been entitled to make a request to the Commission under Article 134.
The interpretation of Article 136 of the Treaty | 0 |
865,569 | 29. Also according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (Case C‑72/03 Carbonati Apuani [2004] ECR I‑8027, paragraph 10; Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraph 22; and CEEES , paragraph 26). | 66. It follows from this that implementing measures cannot amend essential elements of basic legislation or supplement it by new essential elements. | 0 |
865,570 | 46. Likewise, a Turkish worker does not fulfil the requirement of having been engaged in legal employment in the host Member State where he was employed on the basis of a right of residence conferred on him only by the operation of national legislation permitting provisional residence in that State pending completion of the procedure for the grant of a residence permit (see, to that effect, Case C‑192/89 Sevince [1990] ECR I‑3461, paragraph 31, and Kus , paragraph 18). | 57. It must first of all be observed that the maintenance of effective competition on the market for agricultural products is one of the objectives of the common agricultural policy and the common organisation of the relevant markets. | 0 |
865,571 | 69. In all the areas corresponding to the objectives of the Treaty, Article 10 EC requires Member States to facilitate the achievement of the Community’s tasks and to abstain from any measure which could jeopardise the attainment of the objectives of the Treaty (Opinion 1/03 [2006] ECR I-1145, paragraph 119, and Case C‑459/03 Commission v Ireland [2006] ECR I-4635, paragraph 174). | 89. Pour autant que la requérante a demandé devant le Tribunal une réduction de l’amende qui lui a été infligée de façon à tenir compte des conséquences préjudiciables ayant résulté pour elle de la durée excessive de la procédure devant cette juridiction, il convient de constater qu’une telle demande, d’une part, a un objet différent de celui d’une procédure en annulation, laquelle se limite au contrôle de la légalité de l’acte attaqué, et, d’autre part, implique l’examen de faits différents de ceux pris en considération dans le cadre d’une procédure en annulation. Il s’ensuit que le Tribunal n’a pas commis d’erreur de droit en jugeant, au point 18 de l’arrêt attaqué, que, dans le cadre du recours en annulation dont il était saisi, la légalité de la décision litigieuse ne pouvait être appréciée qu’à la lumière des faits et des circonstances dont disposait la Commission à la date de son adoption. | 0 |
865,572 | 23. As a preliminary point, it must be borne in mind that, in accordance with settled case-law, citizenship of the Union is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to receive the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for (Case C‑209/03 Bidar [2005] ECR I‑2119, paragraph 31, and Case C‑403/03 Schempp [2005] ECR I‑6421, paragraph 15 and the case-law cited). | 18 Secondly, in accordance with the requirements of the principle that the common system of value added tax should be neutral, the term "exploitation" refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the goods in question on a continuing basis . | 0 |
865,573 | 24. However, it should be borne in mind that the concept of ‘implementing Union law’, as referred to in Article 51 of the Charter, requires a certain degree of connection above and beyond the matters covered being closely related or one of those matters having an indirect impact on the other (see, to that effect, Case C‑299/95 Kremzow [1997] ECR I‑2629, paragraph 16). | 35. Dans ces conditions, il convient de constater que, de même que la Cour a reconnu la qualité d’entreprise à un constructeur d’automobiles en tant qu’il opérait sur le marché de la certification des automobiles en délivrant des certificats de conformité nécessaires à leur immatriculation (arrêt du 11 novembre 1986, British Leyland/Commission, 226/84, Rec. p. 3263), les SOA doivent être considérées, dans le cadre de leur activité de certification, comme des «entreprises» au sens des articles 101 TFUE, 102 TFUE et 106 TFUE. | 0 |
865,574 | 27
Moreover, the Court has already pointed out in its judgment of 8 December 2011, Ziebell (C‑371/08, EU:C:2011:809, paragraphs 82 and 83), that the adoption of such a measure may not be ordered automatically following a criminal conviction, but rather requires a case-by-case assessment which must, in particular, have regard to the elements mentioned in Article 12(3) of Directive 2003/109. | 82. Furthermore, measures on grounds of public policy or public security may be taken only following a case-by-case assessment by the competent national authorities showing that the personal conduct of the individual concerned constitutes at present a genuine and sufficiently serious threat to a fundamental interest of society. In that assessment, those authorities are also required to observe both the principle of proportionality and the fundamental rights of the person concerned, in particular, the right to privacy and family life (see, to that effect, Case C‑303/08 Bozkurt , paragraphs 57 to 60 and the case-law cited). | 1 |
865,575 | 83. The Court of Justice thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance has accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced to it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice ( Baustahlgewebe v Commission , paragraph 24, and General Motors v Commission , paragraph 52). | 30 That interpretation is, moreover, corroborated by the purpose of the directive which, under Article 1 thereof, is to ensure that any national measure to control the prices of medicinal products for human use or to restrict the range of medicinal products covered by their national health insurance systems complies with the requirements of the directive. | 0 |
865,576 | 27. In that regard, it should be borne in mind that, according to settled case‑law, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the notes to the sections or chapters (see, inter alia, Case C‑339/98 Peacock [2000] ECR I‑8947, paragraph 9; Case C‑495/03 Intermodal Transports [2005] ECR I‑8151, paragraph 47; Case C‑376/07 Kamino International Logistics [2009] ECR I‑1167, paragraph 31; and Joined Cases C‑288/09 and C‑289/09 British Sky Broadcasting Group and Pace [2011] ECR I‑2851, paragraph 60). | 185. It follows that a restriction on capital movements, such as a less favourable tax treatment of foreign-sourced dividends, comes within the scope of Article 57(1) EC, inasmuch as it relates to holdings acquired with a view to establishing or maintaining lasting and direct economic links between the shareholder and the company concerned and which allow the shareholder to participate effectively in the management of the company or in its control. | 0 |
865,577 | 68. In the present case, while it is true that the restrictions at issue apply without distinction to both residents and non-residents, it must none the less be held that they affect the position of a person acquiring a shareholding as such and are thus liable to deter investors from other Member States from making such investments and, consequently, affect access to the market (see Case C‑463/00 Commission v Spain , paragraph 61 and case-law cited, and Case C‑171/08 Commission v Portugal , paragraph 67). | 21 In that regard, it should be stated that the operative part of an act is indissociably linked to the statement of reasons for it, so that, when it has to be interpreted, account must be taken of the reasons which led to its adoption. | 0 |
865,578 | 70. With regard to the principle of equivalence, this requires that all the rules applicable to actions, including the prescribed time-limits, apply without distinction to actions based on infringement of EU law and those based on infringement of national law (see, inter alia, Case 63/08 Pontin [2009] ECR I-10467, paragraph 45 and case-law cited, and Case C-591/10 Littlewoods Retail and Others [2012] ECR, paragraph 31). | 53 IN THOSE CIRCUMSTANCES , THE FACT THAT THE COMMISSION TOOK INTO CONSIDERATION ONLY THE GOODS WHICH WERE ALREADY IN THE COURSE OF BEING TRANSPORTED BY SEA ON 12 APRIL 1979 AND EXCLUDED THOSE WHICH ON THAT DATE HAD NOT YET LEFT A CHILEAN PORT IS IN KEEPING WITH THE PROVISIONS OF ARTICLE 3 ( 2 ) OF REGULATION NO 2707/72 . | 0 |
865,579 | 30 More particularly concerning the review of Member States' compliance with their obligations under Articles 92 and 93 of the Treaty, the national courts and the Commission fulfil complementary and separate roles, as the Court pointed out in its judgment in Case C-39/94 SFEI and Others v La Poste [1996] ECR I-3547, paragraph 41 et seq.). | 48. It is true that Decision No 1/80 does not encroach upon the competence retained by the Member States to regulate both the entry into their territory of Turkish nationals and the conditions under which they may take up their first employment (see, in particular, Payir and Others , paragraph 36). | 0 |
865,580 | 22. Furthermore, it should be noted that it is impossible to determine a priori, and in the abstract, what territorial scope should be chosen in order to determine whether the use of the mark is genuine or not (see judgment in Leno Merken , C‑149/11, EU:C:2012:816, paragraph 55). | 43. In exercising its powers under Article 226 EC the Commission does not have to show that there is a specific interest in bringing an action (see Case 167/73 Commission v France [1974] ECR 359, paragraph 15, and Joined Cases C-20/01 and C-28/01 Commission v Germany [2003] ECR I-3609, paragraph 29). The Commission's function is to ensure, of its own motion and in the general interest, that the Member States give effect to Community law and to obtain a declaration of any failure to fulfil the obligations deriving therefrom with a view to bringing it to an end (see Commission v France , paragraph 15, and Joined Cases C-20/01 and C-28/01 Commission v Germany , paragraph 29). | 0 |
865,581 | 147. That finding cannot, however, be applied in the present case, as the judgment under appeal was delivered in proceedings which involved the appellant alone and the Court of First Instance, when exercising its unlimited jurisdiction, is therefore not in principle bound by the method followed by the Commission in calculating the fine (see, to this effect, Michelin v Commission , cited above, paragraph 111). | 79. That legislation generally excludes the possibility of taxpayers in Germany deducting from the taxable amount a part of the school fees for sending their children to a private school established outside German territory, save for school fees paid in another Member State to German schools recognised by the permanent conference of the Ministers of Education and Culture of the Länder or to European schools, whereas that possibility does exist for school fees paid to certain German private schools. It thus results in a larger tax burden for those taxpayers if they send their children to a private school situated in another Member State rather than to a private school established in national territory. | 0 |
865,582 | 19. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai mentionné dans l’avis motivé et, par conséquent, les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 8 mai 2008, Commission/Portugal, C‑233/07, non encore publié au Recueil, point 31; du 17 juillet 2008, Commission/Belgique, C‑543/07, non encore publié au Recueil, point 9, et du 11 septembre 2008, Commission/Italie, C‑447/07, non encore publié au Recueil, point 23). | 31. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé. Les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêt du 25 octobre 2007, Commission/Grèce, C‑440/06, point 16). | 1 |
865,583 | 54 It is for the national court to establish the existence of those two elements, evidence of which must be adduced in accordance with the rules of national law, provided that the effectiveness of Community law is not thereby undermined (see, to that effect, in particular, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51, and Joined Cases C-418/97 and C-419/97 ARCO Chemie Nederland and Others v Minister van Volkshuisvesting [2000] ECR I-4475, paragraph 41). | 60. The presumption of relevance enjoyed by references for a preliminary ruling has not therefore been rebutted by the objections raised by the Commission (see by analogy, inter alia, van der Weerd and Others , paragraphs 22 and 23). | 0 |
865,584 | 39. As European Union law now stands, service concession contracts are not governed by any of the directives by which the Union legislature has regulated the field of public procurement. However, the public authorities concluding them are bound to comply with the fundamental rules of the EC Treaty in general, including Article 49 EC and, in particular, the principles of equal treatment and of non-discrimination on the ground of nationality and with the consequent obligation of transparency (see, to that effect, Case C‑324/98 Telaustria and Telefonadress [2000] ECR I‑10745, paragraphs 60 to 62; Case C‑206/08 Eurawasser [2009] ECR I‑0000, paragraph 44; and Case C‑91/08 Wall [2010] ECR I‑0000, paragraph 33). | 26 In those circumstances, the general objective of the inward processing arrangements, namely the promotion of exports by Community undertakings, as mentioned in the second recital in the preamble to the basic regulation and referred to by Eridania, does not conflict with recourse to the criterion at issue. | 0 |
865,585 | 41 The Court has already held that national rules under which previous periods of employment in the public service of another Member State may not be taken into consideration constituted unjustified indirect discrimination and contravened Article 48(2) of the Treaty (see Scholz, cited above, paragraph 11, Schöning-Kougebetopoulou, cited above, paragraph 23; and Case C-187/96 Commission v Greece [1998] ECR I-1095, paragraph 21). | 21 That rule, which plainly operates to the detriment of migrant workers who have spent part of their working life in the public service of a Member State other than the Hellenic Republic, is therefore such as to contravene the principle of non-discrimination enshrined in Article 48 of the Treaty and Article 7(1) of Regulation No 1612/68. | 1 |
865,586 | 59. Such a measure is therefore intended to regulate the activity of undertakings operating in the area of providing services in connection with gaming machines. Thus, the Court has held that national provisions which merely lay down conditions governing the establishment of undertakings, such as provisions making the exercise of an activity subject to prior authorisation, do not constitute technical specifications (see, to that effect, Case C-194/94 CIA Security International [1996] ECR I-2201, paragraph 25). | 65. The purpose of the rule that the addressee of a decision affecting him adversely must be placed in a position to submit his observations before that decision is adopted is to enable the authority concerned effectively to take into account all relevant information. In order to ensure that the addressee is in fact protected, the object of that rule is, in particular, to enable him to correct an error or produce such information relating to his personal circumstances as will tell in favour of the decision’s being adopted or not, or of its having this content or that (see, to this effect, Case C‑349/07 Sopropé [2008] ECR I‑10369, paragraph 49). | 0 |
865,587 | 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). | 42
In the first place, the referring court points out that the name ‘Verlados’ refers, first, to the name of the undertaking Viiniverla, which manufactures that drink, and, secondly, to the village of Verla, which is known to Finnish consumers, so that that name is not capable of misleading those consumers. | 0 |
865,588 | 36. As regards the context of which Article 15(1) of the Framework Decision forms part, it follows from settled case-law of the Court that the principle of mutual recognition, which is the ‘cornerstone’ of judicial cooperation, means that, pursuant to Article 1(2) of the Framework Decision, Member States are in principle obliged to give effect to a European arrest warrant. They may refuse to execute such a warrant only in the cases of non-execution provided for in Articles 3, 4 and 4a of the Framework Decision and they may make its execution subject only to the conditions defined in Article 5 thereof (see, to that effect, judgments in West , C‑192/12 PPU, EU:C:2012:404, paragraph 55; Melloni , C‑399/11, EU:C:2013:107, paragraph 38; and F. , C‑168/13 PPU, EU:C:2013:358, paragraph 36). | 39. It follows that, provided that they comply with the requirements of Community law, contracting authorities are free not only to choose the criteria for awarding the contract but also to determine the weighting of such criteria, provided that the weighting enables an overall evaluation to be made of the criteria applied in order to identify the most economically advantageous tender. | 0 |
865,589 | 108. In that regard, it is necessary to take into account the fundamental rights whose observance the Court ensures. Reasons of public interest may be invoked to justify a national measure which is likely to obstruct the exercise of the fundamental freedoms guaranteed by the Treaty only if the measure in question takes account of such rights (see, to that effect, Case C-260/89 ERT [1991] ECR I-2925, paragraph 43; Case C-368/95 Familiapress [1997] ECR I-3689, paragraph 24; Carpenter , paragraph 40; and Orfanopoulos and Oliveri , paragraph 97). | 42 That approach cannot be accepted . In fact those individual cases in which premiums were wrongly granted merely constitute an additional factor in support of the Commission' s allegation that, in the two aforementioned Laender, an effective set of measures for supervising and checking compliance with the conditions for the grant of the premiums did not in fact exist . | 0 |
865,590 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from Community rules without the application of other intermediate rules (see to that effect, in particular, International Fruit Company, cited above, paragraphs 23 to 29, Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraphs 25 and 26, Case 113/77 NTN Toyo Bearing Company and Others v Council [1979] ECR 1185, paragraphs 11 and 12, Case 118/77 ISO v Council [1979] ECR 1277, paragraph 26, Case 119/77 Nippon Seiko and Others v Council and Commission [1979] ECR 1303, paragraph 14, Case 120/77 Koyo Seiko and Others v Council and Commission [1979] ECR 1337, paragraph 25, Case 121/77 Nachi Fujikoshi and Others v Council [1979] ECR 1363, paragraph 11, Joined Cases 87/77, 130/77, 22/83, 9/84 and 10/84 Salerno and Others v Commission and Council [1985] ECR 2523, paragraph 31, Case 333/85 Mannesmann-Röhrenwerke and Benteler v Council [1987] ECR 1381, paragraph 14, Case 55/86 Arposol v Council [1988] ECR 13, paragraphs 11 to 13, Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 12, and Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 9). | 33. Traders who take every precaution which could reasonably be required of them to ensure that their transactions do not form part of a chain which includes a transaction vitiated by VAT fraud must be able to rely on the legality of those transactions without the risk of being made jointly and severally liable to pay the VAT due from another taxable person (see, to that effect, Joined Cases C‑354/03, C‑355/03 and C‑484/03 Optigen and Others [2006] ECR I‑0000, paragraph 52). | 0 |
865,591 | 62. This finding is not invalidated by Article 220(2)(b) of the Customs Code. That provision is intended to safeguard debtors’ legitimate expectations as to the soundness of all of the particulars used in the decision to make or not to make a subsequent entry of customs duties in the accounts (see, with respect to Article 5(2) of Council Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties (OJ 1979 L 197, p. 1), reproduced in Article 220(2)(b) of the Customs Code, Case C-348/89 Mecanarte [1991] ECR I-3277, paragraph 19, and Case C-251/00 Ilumitrónica [2002] ECR I-10433, paragraph 39). While it covers situations in which the Member States’ customs authorities cannot make a subsequent entry in the accounts of the duties in question and, therefore, cannot effect a post-clearance recovery, either, it does not release Member States from their obligation to establish the Communities’ entitlement to own resources. | 31 Accordingly, an international organization such as Eurocontrol does not constitute an undertaking subject to the provisions of Articles 86 and 90 of the Treaty. | 0 |
865,592 | 29. As M & M and the Commission correctly pointed out, Article 378 of the implementing regulation specifically governs the determination of the Member State with jurisdiction to recover customs duties under the external Community transit procedure and establishes a presumption of competence in favour of the Member State to which the office of departure belongs (Case C-104/02 Commission v Germany [2005] ECR I-2689, paragraph 86). | 86. Lastly, with respect to the decision by the competent customs authorities to take steps to recover the customs debt, Article 378(1) and (2) of the implementing regulation establishes a presumption of competence in favour of the Member State to which the office of departure belongs. In the three months provided for in Article 379(2) of that same regulation, proof that the offence was committed in another State may be produced by the principal. As rightly pointed out by the Commission, there is nothing to show that the assessment of the documents produced for that purpose, even assuming that they were provided on the last day of the three-month period, cannot be carried out within the two-day time-limit following the end of the three-month time-limit, increased in duly justified special cases by 12 supplementary days, giving a maximum time-limit of 14 days. | 1 |
865,593 | 39. The national authorities accordingly had the information enabling them to propose to the Commission an exact amount reflecting the undertaxation which FT enjoyed between 1994 and 2002. The national authorities are in fact in the best position, not only to determine the appropriate means to recover the State aid unduly paid, but also to determine the exact amounts to be repaid (see, to that effect, Commission v Belgium , paragraphs 50 and 51). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,594 | 31
Although it is for the national court to ascertain whether those conditions have been satisfied, taking account both of the content of the legislative act adopted and of the entire legislative process which led to its adoption, in particular the preparatory documents and parliamentary debates (see judgment of 18 October 2011, Boxus and Others, C‑128/09 to C‑131/09, C‑134/09 and C‑135/09, EU:C:2011:667, paragraph 47), it appears, nonetheless, that a legislative provision such as Paragraph 46(20)(4) of the UVP-G 2000 does not meet those requirements. | 22. Furthermore, the recognition of the right of certain categories of traders to bring an action for the annulment of an anti-dumping regulation cannot, however, prevent other traders from also being able to claim that they are individually concerned by such a regulation by reason of certain attributes which are peculiar to them and which differentiate them from all other persons (see judgments in Extramet Industrie v Council , C‑358/89, EU:C:1991:214, paragraph 16, and Valimar , C‑374/12, EU:C:2014:2231, paragraph 33). | 0 |
865,595 | 39
It must be recalled that the question of the applicability of Articles 49 and 54 TFEU is different from the question of whether a Member State may adopt measures in order to prevent attempts by certain of its nationals to evade domestic legislation, given that, in accordance with settled case-law, it is open to a Member State to adopt such measures (judgments of 9 March 1999, Centros, C‑212/97, EU:C:1999:126, paragraphs 18 and 24, and of 30 September 2003, Inspire Art, C‑167/01, EU:C:2003:512, paragraph 98) | 31. In the second place, in order to be categorised as a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29, the protected works must also in fact be communicated to a ‘public’. | 0 |
865,596 | 33. The Court has inferred from this, first, that, in order for eligible customers to be able freely to choose their suppliers, it is necessary that suppliers should have the right to access the transmission and distribution systems which carry electricity to customers and, second, that open third party access to transmission and distribution systems constitutes one of the essential measures which the Member States are required to implement in order to bring about completion of the internal market in electricity (see citiworks , paragraphs 43 and 44). | 36. One of the consequences of the principle of fiscal neutrality, which is the reflection in the field of VAT of the principle of equal treatment, is that taxable persons must not be treated differently, with regard to the method of rounding applied when VAT is calculated, in respect of similar services which are in competition with each other (see, to that effect, Joined Cases C‑443/04 and C‑444/04 Solleveld and van den Hout-van Eijnsbergen [2006] ECR I‑3617, paragraph 35 and case‑law there cited). By virtue of the same principle, the amount of VAT to be collected by the tax authority must correspond exactly to the amount of VAT declared on the invoice and paid by the final consumer to the taxable person (see, to that effect, Case C‑317/94 Elida Gibbs [1996] ECR I‑5339, paragraph 24). | 0 |
865,597 | 30. However, the Court has held that the position is otherwise where a financial holding in another company is accompanied by direct or indirect involvement in the management of the company in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder (see Case C‑60/90 Polysar Investments Netherlands [1991] ECR I‑3111, paragraph 14; Case C‑142/99 Floridienne and Berginvest [2000] ECR I‑9567, paragraph 18; the order in Case C‑102/00 Welthgrove [2001] ECR I‑5679, paragraph 15; and Case C‑16/00 Cibo Participations [2001] ECR I‑6663, paragraph 20), in so far as involvement of that kind entails carrying out transactions which are subject to VAT by virtue of Article 2 of the Sixth Directive, such as the supply of administrative, accounting and information-technology services ( Floridienne and Berginvest , paragraph 19; order in Welthgrove , paragraph 16; Cibo Participations , paragraph 21; and Case C‑305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I‑6729, paragraph 46). | 31. As regards the first of those conditions, it should be noted that Article 220(2)(b) of the Customs Code is intended to protect the legitimate expectation of the person liable for payment that all the information and criteria on which the decision to recover or not to recover customs duties is based are correct. The legitimate expectations of the person liable attract the protection provided for in that article only if it was the competent authorities ‘themselves’ which created the basis for those expectations. Thus, only errors attributable to acts of the competent authorities create entitlement to the waiver of subsequent recovery of customs duties (see, by analogy, Mecanarte , paragraphs 19 and 23). | 0 |
865,598 | 120
It is the individual nature of those acts which, in accordance with the second paragraph of Article 275 TFEU and the fourth paragraph of Article 263 TFEU, permits natural and legal persons to have access to the Courts of the European Union (judgment in Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2013:258, paragraph 57). However, the fact that the persons and entities who are the subject of the restrictive measures imposed by the regulation at issue are expressly named, so that they appear to be directly and individually concerned by it within the meaning of the fourth paragraph of Article 263 TFEU, does not mean that that act is not of general application within the meaning of the second paragraph of Article 288 TFEU or that it is not to be classified as a ‘regulation’ (judgment in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraph 241). | Dans ces conditions, en tant qu’Ori Martin soutient que la conclusion à laquelle le Tribunal est parvenu démontre que celui-ci
a conféré un caractère irréfragable à la présomption de l’exercice effectif d’une influence déterminante, son argumentation
doit être rejetée (voir, en ce sens, arrêt du 26 novembre 2013, Groupe Gascogne/Commission, C‑58/12 P, EU:C:2013:770, point
42 et jurisprudence citée). | 0 |
865,599 | 39. Such an interpretation of point 48.7(b) would directly contravene the principal objective of Directive 91/628, which is the protection of animals during transport (see, to that effect, Joined Cases C-37/06 and C-58/06 Viamex Agrar Handel and ZVK [2008] ECR I-0000, paragraph 29), as well as the purpose of that directive, as explained inter alia in the eighth recital in the preamble thereto, which states that, for reasons of animal welfare, the transport over long distances of animals, including animals for slaughter, should be reduced as far as possible. | 30. As the Court has already held, the fact that the products are, to a certain extent, capable of meeting identical needs leads to the conclusion that there is a certain degree of substitution for one another (Case 170/78 Commission v United Kingdom [1980] ECR 417, paragraph 14, and Case 356/85 Commission v Belgium [1987] ECR 3299, paragraph 10). | 0 |
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