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865,700 | 40. Moreover, that concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship is 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 Lawrie-Blum , paragraph 17; Ninni-Orasche , paragraph 24; and also Vatsouras and Kouptantze , paragraph 26). | 46. National law that absolutely prevents a pension fund from submitting evidence that it satisfies the requirements that would allow it to benefit from the IRC exemption, if it were resident in Portugal, is not justified in the name of the effectiveness of fiscal supervision. It cannot be excluded, a priori, that pension funds resident in a Member State other than the Portuguese Republic may be able to provide relevant documentary evidence enabling the Portuguese tax authorities to ascertain, clearly and precisely, that they meet equivalent requirements to those laid down by Portuguese law, in their State of residence. | 0 |
865,701 | 30. Thus the Court has already ruled that medical services effected for prophylactic purposes may benefit from exemption under Article 13A(1)(b) or (c) of the Sixth Directive. Even in cases where the persons who are the subject of examinations or other medical intervention of a prophylactic nature are not suffering from any disease or health disorder, the inclusion of those services within the meaning of ‘medical care’ and ‘the provision of medical care’ is consistent with the objective of reducing the cost of healthcare, which is common to both the exemption under Article 13A(1)(b) of the Sixth Directive and that under (c) of that paragraph (see, to that effect, L.u.P. , paragraph 29, and the case-law cited). Accordingly, medical services supplied for the purpose of protecting, including maintaining or restoring, human health may benefit from the exemption under Article 13A(1)(b) and (c) of that directive (see, to that effect, Unterpertinger , paragraphs 40 and 41, and D’Ambrumenil and Dispute Resolution Services , paragraphs 58 and 59). | 64. It must be observed that Articles 154 to 166 of the Act of accession define the regime applicable in the fishing sector only during the transitional period. Those articles cannot, therefore, serve, in principle, as the basis for claims concerning a period commencing on a date subsequent to the end of that transitional period. | 0 |
865,702 | 24. Article 56(1) EC prohibits all restrictions on the movement of capital between Member States and between Member States and non-member countries. While the EC Treaty does not define ‘movement of capital’, it is common ground that Directive 88/361, together with the nomenclature annexed to it, has indicative value for defining that term (see Joined Cases C‑282/04 and C‑283/04 Commission v Netherlands [2006] ECR I‑9141, paragraph 19). Gifts and endowments appear in point XI, ‘Personal capital movements’, of Annex I to Directive 88/361. | 16 Regulation No 543/69 must therefore be regarded as not precluding the application of national provisions penalizing an employer whose drivers have infringed Articles 7(2 ) and 11 of the regulation, even though that infringement cannot be imputed to an intentional wrongful act or to negligence on the employer' s part . | 0 |
865,703 | 17 This argument of the French Government cannot therefore be accepted. The mere fact that a rule is not applied to imported products in practice does not exclude the possibility of it having effects which indirectly or potentially hinder intra-Community trade (see Case C-184/96 Commission v France [1998] ECR I-6197, paragraph 17). | 45. In that respect, it is for the Council to balance the particular interest to be protected by non-disclosure of the document concerned against, inter alia, the public interest in the document being made accessible in the light of the advantages stemming, as noted in recital 2 of the preamble to Regulation No 1049/2001, from increased openness, in that this enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. | 0 |
865,704 | 22 The Court has consistently held that it is for the national court to decide whether the person liable could have detected the error made by the competent authorities, having regard to the nature of the error, the professional experience of the trader concerned and the degree of care which he exercised (see, among others, the judgments in Case C-187/91 Société Coopérative Belovo [1992] ECR I-4963, paragraph 17, Case C-371/90 Beirafrio [1992] ECR I-2728, paragraph 21, and Case C-64/89 Deutsche Fernsprecher [1990] ECR I-2535, paragraph 24). | 45. It should be noted, in the first place, that the allocation of emission allowances free of charge was a transitional measure intended to prevent undertakings from losing competitiveness as a result of the scheme for emission allowance trading. Accordingly, it is not directly related to the environmental objective of reducing emissions. | 0 |
865,705 | 64. Second, it should be borne in mind that a complete exclusion from the benefit of the ‘livestock’ aid scheme in question for the period of twelve months prior to the check, provided for in Article 10c(3) of Regulation No 3887/92, such as that imposed in the case in the main proceedings, clearly constitutes an ‘administrative penalty’ within the meaning of Article 2(2) of Regulation No 2988/95 (see, to that effect, Case C‑63/00 Schilling and Nehring [2002] ECR I‑4483, paragraphs 26 to 27, and Gerken , paragraph 50; see also, by analogy, National Farmers’ Union and Others , paragraph 40, and Haug , paragraph 21). | 45. Consequently, the Court of First Instance could not, without making an error of law, refrain from examining the clauses of the dealership agreement individually, taking account, where applicable, of all other relevant factors, such as the aims pursued by that agreement in the light of the economic and legal context in which it was signed. | 0 |
865,706 | 45 However, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and the legal conclusions it has drawn from them (see Case C-7/95 P Deere v Commission [1998] ECR I-3111, paragraph 21). Furthermore, the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate 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). | 34. Cette interprétation est par ailleurs confirmée par la jurisprudence de la Cour. En effet, il ressort du point 47 de l’arrêt du 15 mars 2012, Pereničová et Perenič (C‑453/10), et du point 42 de l’arrêt CHS Tour Services, précité, qu’une pratique commerciale est considérée comme trompeuse, au sens de l’article 6, paragraphe 1, de la directive 2005/29, pour autant que l’information soit trompeuse et qu’elle soit susceptible d’amener le consommateur à prendre une décision commerciale qu’il n’aurait pas prise en l’absence d’une telle pratique. | 0 |
865,707 | 22 As the Court has already pointed out on many occasions, those characteristics are as follows: VAT applies generally to transactions relating to goods or services; it is proportional to the price of those goods or services, irrespective of the number of transactions which take place; it is charged at each stage of the production and distribution process; and, finally, it is imposed on the added value of goods and services, the tax payable on a transaction being calculated after deduction of the tax paid on the previous transaction (inter alia, Case 252/86 Bergandi v Directeur Général des Impôts [1988] ECR 1343, paragraph 15; Bozzi, cited above, paragraph 12; and Solisnor-Estaleiros Navais, cited above, paragraph 14). | 52. Il importe de relever, en premier lieu, que la Cour a déjà jugé que les fonctionnaires qui bénéficient d’un régime de pension doivent être considérés comme constituant une catégorie particulière de travailleurs. En effet, ceux-ci ne se distinguent des travailleurs groupés dans une entreprise ou un groupement d’entreprises, dans une branche économique ou un secteur professionnel ou interprofessionnel qu’en raison des caractéristiques propres qui régissent leur relation d’emploi avec l’État, avec d’autres collectivités ou employeurs publics (arrêts précités Griesmar, point 31; Niemi, point 48, et Commission/Italie, point 40). | 0 |
865,708 | 26. In that regard, the national courts and the Commission fulfil distinct but complementary roles (see Case C‑39/94 SFEI and Others [1996] ECR I‑3547, paragraph 41; Joined Cases C-261/01 and C-262/01 van Calster and Others [2003] ECR I‑12249, paragraph 74; and Transalpine Ölleitung in Österreich and Others , paragraph 37). | 90. It should be noted in that regard that the rules limiting the choice of the second language must provide for clear, objective and foreseeable criteria so that the candidates may know, sufficiently in advance, what the language requirements are and can prepare to take part in the competitions in the best possible circumstances. | 0 |
865,709 | 88. It follows from the foregoing that legislation such as that at issue in the main proceedings is capable of impeding imports of electricity, especially green electricity, from other Member States and that, in consequence, it constitutes a measure having equivalent effect to quantitative restrictions on imports, in principle incompatible with the obligations under EU law resulting from Article 28 EC, unless that legislation can be objectively justified (see, to that effect, inter alia, Ålands Vindkraft , EU:C:2014:2037, paragraph 75 and the case-law cited).
Possible grounds of justification | 52. Constitue également une rémunération au sens de l’article 141 CE une pension dont le montant est calculé sur la base de la valeur moyenne de la rémunération perçue au cours d’une période limitée aux quelques années précédant directement le départ en retraite (voir arrêt Niemi, précité, point 51) ainsi qu’une pension dont le montant est calculé sur la base du montant de l’ensemble des cotisations versées tout au long de l’affiliation par le travailleur et auxquelles est appliqué un facteur d’actualisation (voir arrêt du 1 er avril 2008, Maruko, C‑267/06, non encore publié au Recueil, point 55). | 0 |
865,710 | 80 Since the schemes involved are contributory schemes, that funding is provided through the contributions paid by the employees and those paid by the employers. The contributions paid by the employees are an element of their pay since they are deducted directly from their salaries, which, by definition, constitute pay (see the judgment of 11 March 1981 in Case 69/80 Worringham and Humphreys v Lloyds Bank [1981] ECR 767). The amount of those contributions must therefore be the same for all employees, male and female, which is indeed so in the instant case. This is not so in the case of the employer' s contributions which ensure the adequacy of the funds necessary to cover the cost of the pensions promised, so securing their payment in the future, that being the substance of the employer' s commitment (paragraph 31). | 19. In order to determine whether a body is a court or tribunal within the meaning of that provision, which is a question governed by Community law alone, the Court takes into account a number of factors, such as whether the body concerned 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 61/65 Vaassen-Göbbels [1966] ECR 261; Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23; and Case C-416/96 Nour Eddline El-Yassini [1999] ECR I-1209, paragraph 17). | 0 |
865,711 | 34. As a preliminary point, it should be remembered that under Article 92(2) of the Rules of Procedure the Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case (Case C-152/98 Commission v Netherlands [2001] ECR I‑3463, paragraph 22). | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C‑103/00, Rec. p. I‑1147, point 23, et du 4 décembre 2008, Commission/Espagne, C‑113/08, point 20). | 0 |
865,712 | 41. The legislation at issue in the main proceedings, inasmuch as it constitutes a restriction on the freedom of movement and residence of a citizen of the Union, such as the appellant in the main proceedings, is also too exclusive because it does not make it possible to take account of other factors which may connect such a student to the Member State providing the benefit, such as the nationality of the student, his schooling, family, employment, language skills or the existence of other social and economic factors (see, to that effect, judgment in Prinz and Seeberger , EU:C:2013:524, paragraph 38). Likewise, as the Advocate General stated at point 103 of her Opinion, the employment of the family members on whom the student depends in the Member State providing the benefit may also be one of the factors to be taken into account in assessing those links. | 31 In that regard, the Court has held that the criterion of the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect also applies in the context of the marketing of cosmetic products where a mistake as to the product's characteristics cannot pose any risk to public health (Estée Lauder, cited above, paragraphs 27 and 28). | 0 |
865,713 | 40. As regards the question how to determine whether a mark has acquired a distinctive character through use, it is settled case-law that the competent authority for registering trade marks must carry out an examination by reference to the actual situation ( Libertel EU:C:2003:244, paragraph 77, and Case C‑404/02 Nichols EU:C:2004:538, paragraph 27) and make an overall assessment of the evidence that the mark has come to identify the goods or services concerned as originating from a particular undertaking ( Windsurfing Chiemsee EU:C:1999:230, paragraph 49, and Nestlé EU:C:2005:432, paragraph 31). Moreover, that evidence must relate to use of the mark as a trade mark, that is to say for the purposes of such identification by the relevant class of persons ( Philips EU:C:2002:377, paragraph 64, and Nestlé EU:C:2005:432, paragraphs 26 and 29). | 45. With that in mind, the rules for appointing and removing judges must be considered, and also the way in which their work is organised. In that connection, it is apparent from the order for reference that judges are expected to work during defined times and periods, even though this can be managed by the judges themselves with a greater degree of flexibility than members of other professions. | 0 |
865,714 | 52 The system of common rules on conferment of jurisdiction laid down in Title II of the Brussels Convention is based on the general rule, set out in the first paragraph of Article 2, that persons domiciled in a Contracting State are to be sued in the courts of that State, irrespective of the nationality of the parties. That jurisdictional rule is a general principle, which expresses the maxim actor sequitur forum rei, because it makes it easier, in principle, for a defendant to defend himself (see, in particular, Case C-412/98 Group Josi [2000] ECR I-5925, paragraphs 34 and 35). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,715 | 37. First of all, it should be noted that, apart from certain exceptions not relevant to the main proceedings, taxation of motor vehicles has not been harmonised at European Union level. The Member States are thus free to exercise their powers of taxation in that area provided that they do so in compliance with European Union law (see Case C‑451/99 Cura Anlagen [2002] ECR I‑3193, paragraph 40; Case C‑464/02 Commission v Denmark [2005] ECR I‑7929, paragraph 74; Joined Cases C‑151/04 and C‑152/04 Nadin and Nadin-Lux [2005] ECR I‑11203, paragraph 40; judgment of 23 February 2006 in Case C‑232/03 Commission v Finland , paragraph 46; order in Case C‑242/05 van de Coevering [2006] ECR I‑5843, paragraph 23; order of 22 May 2008 in Case C‑42/08 Ilhan , paragraph 17, and order in Case C‑364/08 Vandermeir [2008] ECR I‑8087, paragraph 22). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,716 | 22 As the Court stated in Case C-41/93 (France v Commission [1994] ECR I-0000, paragraph 22), for the purposes of implementing the objectives set out in Article 8a of the EEC Treaty (now Article 7a of the EC Treaty), Article 100a(1) of the Treaty empowers the Council to adopt, in accordance with the procedure laid down therein, measures which have as their object the abolition of barriers to trade arising from differences between the provisions laid down by law, regulation or administrative action in Member States. | 40. The nature of the latter duties does require a particular physical capability in so far as physical defects in the exercise of those duties may have significant consequences not only for the police officers themselves but also for the maintenance of public order (see, to that effect, judgment in Prigge and Others , EU:C:2011:573, paragraph 67). | 0 |
865,717 | 67. However, it is for the Court to indicate certain criteria or principles of Community law which must be complied with when that assessment is being made (see, by way of analogy, Case C-309/06 Marks & Spencer [2008] ECR I-2283, paragraph 61). | 18 In that regard, the application of the host Member State's domestic legislation to service providers is liable to prohibit, impede or render less attractive the provision of services by persons or undertakings established in other Member States to the extent that it involves expenses and additional administrative and economic burdens (Mazzoleni and ISA, paragraph 24). | 0 |
865,718 | 49
In the present instance, in the event that the referring court were to find that the leases preceding the sales of the properties at issue in the main proceedings constituted an abusive practice, any liability of those sales to VAT would have to be based on the relevant provisions of national legislation providing for such liability. The Sixth Directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against such a person before a national court (see, to that effect, judgment of 21 September 2017, DNB Banka, C‑326/15, EU:C:2017:719, paragraph 41 and the case-law cited). | 25. Since luxury goods are high-class goods, the aura of luxury emanating from them is essential in that it enables consumers to distinguish them from similar goods. | 0 |
865,719 | 25. The overall assessment of the employment relationship of the applicant in the main proceedings makes it necessary to take into account factors relating not only to the number of working hours and the level of remuneration but also to any rights to paid leave, to the continued payment of wages in the event of sickness, and to a contract of employment which is subject to the relevant collective agreement, to the payment of contributions and, if this applies, to the nature of those contributions (see, to that effect, judgment in Genc , C‑14/09, EU:C:2010:57, paragraph 27). | 25. In those circumstances the defendant is justified in relying on Article 39 EC to claim that he cannot be discriminated against on the basis of nationality as far as the grant of a tideover allowance is concerned. | 0 |
865,720 | 16 However, it is settled law (see, in particular, the judgment in Joined Cases C-72/91 and C-73/91 Sloman Neptun [1993] ECR I-887, paragraph 11) that in providing through Article 93 for aid to be kept under constant review and supervised by the Commission the intention of the Treaty is that the finding that an aid may be incompatible with the common market is to be made, subject to review by the Court, by means of an appropriate procedure which it is the Commission' s responsibility to set in motion. | 63 These principles, established in the context of the interpretation of the provisions of the EEC-Turkey Association Agreement for the progressive achievement of free movement of Turkish workers in the Community, must also apply, by analogy, in the context of the provisions of that Association Agreement concerning the right of establishment. | 0 |
865,721 | 57. More specifically, the Court has held that that could be the position in the case of products with visual similarities and sales names which are phonetically and visually alike ( Consorzio per la tutela del formaggio Gorgonzola , paragraph 27, and Commission v Germany , paragraph 46). | 27 Since the product at issue is a soft blue cheese which is not dissimilar in appearance to `Gorgonzola', it would seem reasonable to conclude that a protected name is indeed evoked where the term used to designate that product ends in the same two syllables and contains the same number of syllables, with the result that the phonetic and visual similarity between the two terms is obvious. | 1 |
865,722 | 77. In that regard, it does not appear to be indispensable that a common position take a specific form for it to exist and to be taken into consideration in an action for failure to fulfil the obligation of cooperation in good faith, provided that the content of that position can be established to the requisite legal standard (see, to that effect, Commission v Council , paragraph 49). | 49. In the present case, section 2.3 of the Arrangement between the Council and the Commission represents fulfilment of that duty of cooperation between the Community and its Member States within the FAO. It is clear, moreover, from the terms of the Arrangement, that the two institutions intended to enter into a binding commitment towards each other. Nor has the Council contested its effect at any moment in the proceedings. | 1 |
865,723 | 42. Article 4 further provides for an allocation of powers between the Member States and the infrastructure manager as regards the charging systems. Under that arrangement it is for the Member States to draw up a framework for levying charges, whilst the determination of the charge and collection fall to the infrastructure manager ( Commission v Spain , paragraph 41). | 47. However, provided that the appellant challenges the interpretation or application of European Union law by the General Court, the points of law examined at first instance may be argued again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose (Case C‑131/03 P Reynolds Tobacco and Others v Commission [2006] ECR I-7795, paragraph 51 and the case-law cited). | 0 |
865,724 | 24
In that respect, with regard to movements of capital between Member States and non-member States, the Court has held that Article 63(1) TFEU lays down a clear and unconditional prohibition for which no implementing measure is needed and which confers rights on individuals which they can rely on before the courts (judgments of 14 December 1995, Sanz de Lera and Others, C‑163/94, C‑165/94 and C‑250/94, EU:C:1995:451, paragraphs 41 and 47, and of 18 December 2007, A, C‑101/05, EU:C:2007:804, paragraph 21). That provision, read in conjunction with Articles 64 and 65 TFEU, may therefore be relied on before national courts and may render national rules that are inconsistent with it inapplicable, irrespective of the category of capital movement in question (judgment of18 December 2007, A, C‑101/05, EU:C:2007:804, paragraph 27, and order of 4 June 2009, KBC Bank and Beleggen, Risicokapitaal, Beheer, C‑439/07 and C‑499/07, EU:C:2009:339, paragraph 66 and the case-law cited). | 91
In addition, the rules laid down in points 8 to 27 of the 2002 Leniency Notice relate exclusively to the imposition of fines and the setting of their amount. | 0 |
865,725 | 43. That provision defines ‘taxable person’ by reference to the term ‘economic activity’. It is the existence of such an activity which establishes the status of ‘taxable person’ (see Case C‑32/03 Fini H [2005] ECR I-1599, paragraph 19). | 19. The Court observes, first of all, that Article 4(1) of the Sixth Directive defines ‘taxable person’ by reference to the term ‘economic activity’. It is the existence of such an activity which establishes the status of ‘taxable person’ to whom the Sixth Directive gives the right to deduct. | 1 |
865,726 | 21. In so far as Article 65(1)(a) TFEU is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the State in which they invest their capital is automatically compatible with the Treaty (see Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 57; Case C‑510/08 Mattner [2010] ECR I‑3553, paragraph 32; and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 56). | 58. Moreover, specific individual circumstances, such as the age, illiteracy, level of education, economic situation or health of a sponsor’s relevant family members must be taken into consideration in order to dispense those family members from the requirement to pass an examination such as the one at issue in the main proceedings when, due to those circumstances, they are unable to take or pass that examination. | 0 |
865,727 | 24 As regards the appellants' first ground of appeal, it must be observed, as the Court of First Instance rightly pointed out at paragraph 17 of the contested order, that the admissibility of an action for annulment brought by a natural or legal person against a Community regulation is subject to the condition that the contested regulation is in reality a decision which concerns the applicant directly and individually. The Court of Justice has explained in this respect that the criterion for distinguishing between a regulation and a decision must be sought in the general application or otherwise of the measure in question and that an act has general application if it applies to objectively determined situations and entails legal effects for categories of persons regarded generally and in the abstract (see, inter alia, Case 307/81 Alusuisse Italia v Council and Commission [1982] ECR 3463, paragraphs 8 and 9, and the order in Case C-447/98 P Molkerei Großbraunshain and Bene Nahrungsmittel v Commission [2000] ECR I-9097, paragraph 67). | 9 IN THAT CONNECTION IT SHOULD BE BORNE IN MIND THAT THE REGULATIONS AT ISSUE HAVE AS THEIR OBJECT THE IMPOSITION OF AN ANTI-DUMPING DUTY ON ALL IMPORTS OF ORTHOXYLENE ORIGINATING IN THE UNITED STATES OF AMERICA AND PUERTO RICO , SUBJECT TO CERTAIN EXEMPTIONS LAID DOWN FOR PRODUCTS EXPORTED BY UNDERTAKINGS EXPRESSLY NAMED . CONSEQUENTLY , SUCH MEASURES CONSTITUTE , AS REGARDS INDEPENDENT IMPORTERS WHO , IN CONTRAST TO EXPORTERS , ARE NOT EXPRESSLY NAMED IN THE REGULATIONS , MEASURES HAVING GENERAL APPLICATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 189 OF THE TREATY , BECAUSE THEY APPLY TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAIL LEGAL EFFECTS FOR CATEGORIES OF PERSONS REGARDED GENERALLY AND IN THE ABSTRACT .
| 1 |
865,728 | 37. Although the overall impression conveyed to the relevant public by a composite trade mark may, in certain circumstances, be dominated by one or more of its components, it is only if all the other components of the mark are negligible that the assessment of the similarity can be carried out solely on the basis of the dominant element (judgment in OHIM v Shaker , C‑334/05 P, EU:C:2007:333, paragraphs 41 and 42, and judgment in Nestlé v OHIM , C‑193/06 P, EU:C:2007:539, paragraphs 42 and 43 and the case-law cited). | 12 A farmer who lets a holding which he owns therefore loses the status of producer in relation to that holding and can no longer operate it within the meaning of the abovementioned rules. | 0 |
865,729 | 23. As is clear from the second and third recitals in the preamble, the directive seeks to protect commercial agents in their relations with their principals, to promote the security of commercial transactions, and to facilitate trade in goods between Member States by harmonising their legal systems within the area of commercial representation. To those ends, the Directive establishes, inter alia, rules governing the conclusion and termination of agency contracts, in Articles 13 to 20 (judgments in Honyvem Informazioni Commerciali , C‑465/04, EU:C:2006:199, paragraph 19, and Semen , C‑348/07, EU:C:2009:195, paragraph 14). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,730 | 55
Article 5(3) of the Access Directive provides that the obligations and conditions imposed under Article 5(1) must be objective, transparent, proportionate and non-discriminatory, and must be implemented in accordance with the procedures referred to in Articles 6 and 7 of the Framework Directive (see, in relation to the Access Directive and the Framework Directive, as amended by Directive 2009/140, judgment in KPN, C‑85/14, EU:C:2015:610, paragraph 46). | 46. Accordingly, Article 5(2) of the Access Directive provides that the obligations and conditions imposed under Article 5(1) must be objective, transparent, proportionate and non-discriminatory, and must be implemented in accordance with the procedures referred to in Articles 6, 7 and 7a of the Framework Directive. | 1 |
865,731 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 55 Thus the Court has held that the charging by a Member State of a tax on used cars from another Member State is contrary to the first paragraph of Article 95 of the Treaty where the amount of the tax, being calculated without taking the vehicle's actual depreciation into account, exceeds the residual tax incorporated in the value of similar used vehicles already registered in the national territory (see Nunes Tadeu, paragraph 20, and Gomes Valente, paragraph 23). | 0 |
865,732 | 40. It has already been held that a Member State may check that an undertaking established in another Member State, which deploys on the territory of the first-mentioned Member State workers who are nationals of a non‑member State, is not availing itself of the freedom to provide services for a purpose other than the accomplishment of the service concerned ( Rush Portuguesa , paragraph 17, and Commission v Luxembourg , paragraph 39). | 30 Finally, according to the fifth recital in the preamble to Regulation No 1408/71 in its original form, the provisions which the Regulation lays down for coordination of national social security legislation also apply to circumstances where members of the worker's family move within the Community. | 0 |
865,733 | 47. It is settled law that in the context of the cooperation between the Court of Justice and the national courts provided for by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraphs 38 and 39). | 40 The first of those conditions is that the result prescribed by the directive should entail the grant of rights to individuals. The second condition is that it should be possible to identify the content of those rights on the basis of the provisions of the directive. Finally, the third condition is the existence of a causal link between the breach of the State' s obligation and the loss and damage suffered by the injured parties. | 0 |
865,734 | 39 In that regard, according to the case-law of the Court, the basis of assessment for a provision of services is everything which makes up the consideration for the service provided and a provision of services is taxable only if there is a direct link between the service provided and the consideration received (Apple and Pear Development Council, paragraphs 11 and 12, and Case C-16/93 Tolsma [1994] ECR I-743, paragraph 13). A supply of services is therefore taxable only if there exists between the service provider and the recipient a legal relationship in which there is a reciprocal performance, the remuneration received by the provider of service constituting the value actually given in return for the service supplied to the recipient (Tolsma, paragraph 14). | 51. The customs union incorporates a common customs tariff intended to bring about equalisation of the charges borne at the external frontiers of the Community by products imported from non-member countries, in order to ensure that trade with such countries is not diverted and that the free movement of products between Member States and the conditions of competition between economic agents are not distorted (see Case C-125/94 Aprile [1995] ECR I-2919, paragraph 32). | 0 |
865,735 | 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. | 18
It should be noted at the outset that it is common ground that, by excluding, for the purposes of calculating such a retirement pension, some civil servants from the benefit of having the periods of apprenticeship and work completed before the age of 18 taken into account, Paragraph 54(2)(a) of the PG 1965 affects the conditions of pay of those civil servants within the meaning of Article 3(1)(c) of Directive 2000/78 (judgment of 21 January 2015 in Felber, C‑529/13, EU:C:2015:20, paragraph 24). Accordingly, Directive 2000/78 applies to situations such as that at issue in the main proceedings. | 0 |
865,736 | 55. Moreover, having regard to the importance generally accorded by national contract law to the intention of the parties, if the parties to the contract are permitted by the applicable law, subject to the conditions it lays down, to specify the place of performance of an obligation, that agreement on the place of performance of the obligation is sufficient to found jurisdiction in that place for the purposes of Article 5(1)(a) of Regulation No 44/2001 (see, by analogy, Case 56/79 Zelger [1980] ECR 89, paragraph 5; Case C‑106/95 MSG [1997] ECR I‑911, paragraph 30, and GIE Groupe Concorde and Others , paragraph 28). | 511 THERE IS NO NEED TO ASCERTAIN THE NUMBER OF CONTRACTS WHICH HAVE THIS CLAUSE AND THE NUMBER WHICH DO NOT . | 0 |
865,737 | 47. It must be noted, as a preliminary point, that it is settled case‑law that, while direct taxation falls within the competence of the Member States, they must none the less exercise that competence consistently with European Union law (see, inter alia, Schumacker , paragraph 21; Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 29; and Case C‑540/07 Commission v Italy [2009] ECR I‑10983, paragraph 28). Tax rules of national law must therefore be adopted consistently with the freedoms guaranteed by the Treaties, in particular the freedom of movement for workers as conferred by Article 45 TFEU. | 16 Those considerations are equally applicable to courses given in an institute of higher education which is financed, essentially, out of public funds. | 0 |
865,738 | 37. It should also be recalled that the argument based on the need to preserve the coherence of a tax system must be verified having regard to the aim pursued by the tax legislation in question (Case C-9/02 De Lasteyrie du Saillant [2004] ECR I-0000, paragraph 67). | 90. Moreover, as regards the scope of cover such as that provided by that statutory insurance scheme, it is conceivable that, as MMB submits, if compulsory affiliation were to be applied only in respect of certain benefits, such as those aimed at prevention, as Kattner surmises in its submissions, undertakings employing, for example, young employees in good health engaged in non-dangerous activities would seek more advantageous insurance terms from private insurers. The progressive departure of those ‘good’ risks would leave employers’ liability insurance associations such as MMB with an increasing share of ‘bad’ risks, thereby increasing the cost of benefits, particularly for undertakings with older employees engaged in dangerous activities; those associations could no longer offer pensions at an acceptable cost to such undertakings. Such a situation would arise particularly in a case where, as in the main proceedings, the statutory insurance scheme at issue, inasmuch as it applies the principle of solidarity, is characterised, in particular, by the absence of a strictly proportionate link between contributions and risks insured (see, by analogy, Albany , paragraphs 108 and 109). | 0 |
865,739 | 33. According to settled case-law, the imposition of a penalty payment is, in principle, justified only in so far as the failure to comply with an earlier judgment of the Court continues up to the time of the Court’s examination of the facts (Case C‑496/09 Commission v Italy [2011] ECR I‑0000, paragraph 42, and Case C‑610/10 Commission v Spain , paragraph 96). | 96. Having held that the Kingdom of Spain failed, within the period prescribed in the supplementary letter of formal notice, to comply with the judgment in Commission v Spain , the Court may impose on that Member State the payment of a penalty payment if the failure to fulfil obligations continues up to the time of the Court’s examination of the facts (Case C-369/07 Commission v Greece , paragraph 59 and the case-law cited). | 1 |
865,740 | 19 It should be noted first of all that the Court has consistently held that it cannot give preliminary rulings on questions which bear no relation to the facts and the subject-matter of the main action and are therefore not strictly needed in order to decide the case (see, in particular, Case 126/80 Salonia v Poidomani and Giglio [1981] ECR 1563, paragraph 6; Case C-343/90 Lourenço Dias v Director da Alfândega do Porto [1992] ECR I-4673, paragraph 20; Case C-18/93 Corsica Ferries v Corpo dei Piloti del Porto di Genova [1994] ECR I-1783, paragraph 14; and Case C-96/94 Centro Servizi Spediporto v Spedizioni Marittima del Golfo [1995] ECR I-2883, paragraph 45). | 8 Furthermore, Article 59 of the Treaty applies not only where a person providing services and the recipient thereof are established in different Member States, but also in all cases where the person providing services offers those services in a Member State other than that in which he is established, wherever the recipients of those services may be established (Commission v Greece, cited above, paragraphs 8 to 10). | 0 |
865,741 | 21
In that regard, the Commission is not required to communicate to the addressee of a decision requesting information all the information at its disposal concerning the presumed infringements, or to make a precise legal analysis of those infringements, providing it clearly indicates the suspicions which it intends to investigate (see, by analogy, judgment in Nexans and Nexans France v Commission, C‑37/13 P, EU:C:2014:2030, paragraph 35 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,742 | 46. Thus, the Court held that a Turkish worker who has been employed for more than one year under a valid work permit has to be regarded as fulfilling the conditions laid down in the first indent of Article 6(1) of Decision No 1/80, even though his residence permit had initially been granted to him for a purpose other than that of engaging in paid employment ( Unal , paragraph 39 and the case‑law cited). | 53 Since the structure of the system established does not include any precise, objective criteria, the legislation in issue goes beyond what is necessary in order to attain the objective indicated. | 0 |
865,743 | 38. In this connection, the Court has already held that a national of a Member State who goes to another Member State and pursues secondary education there exercises the freedom to move guaranteed by Article 18 EC (see Case C‑224/98 D’Hoop [2002] ECR I-6191, paragraphs 29 to 34, and Bidar , paragraph 35). | 76. As regards hospital services, such as those provided to Ms Van Riet in Deurne hospital, the Court, in paragraphs 76 to 80 of the judgment in Smits and Peerbooms , made the following findings. | 0 |
865,744 | 21
Although the Court has interpreted that provision as meaning that, in principle, it is for the person who has caused the harm to the holder of the exclusive right of reproduction, that is the person who, for his private use, reproduces a protected work without seeking prior authorisation from that rightholder, to make good the harm related to that copying by financing the compensation which will be paid to that rightholder (see judgments of 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraph 23, and 10 April 2014 in ACI Adam and Others, C‑435/12, EU:C:2014:254, paragraph 51), it has however accepted that, given the practical difficulties in identifying private users and obliging them to compensate the holders of the exclusive right of reproduction for the harm caused to them, it is open to the Member States to establish a ‘private copying levy’ for the purposes of financing fair compensation, chargeable not to the private persons concerned but to those who have the digital reproduction equipment, devices and media and who, on that basis, in law or in fact, make that equipment available to private users or who provide copying services for them. Under such a system, it is the persons having that equipment who must discharge the private copying levy (see, in particular, judgments of 11 July 2013 in Amazon.com International Sales and Others, C‑521/11, EU:C:2013:515, paragraph 24, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 23). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
865,745 | 69. Moreover, according to consistent case-law, where a company has a shareholding in another company which gives it definite influence over that company’s decisions and allows it to determine that company’s activities, it is the provisions of the Treaty on the freedom of establishment that are to be applied (see, inter alia, Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 31; Test Claimants in Class IV of the ACT Group Litigation , paragraph 39; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraph 27; Oy AA , paragraph 20; Case C‑112/05 Commission v Germany [2007] ECR I‑8995, paragraph 13; and Case C‑298/05 Columbus Container Services [2007] ECR I‑0000, paragraph 29). | 23 On the basis of the situations before it, the Court has developed inter alia the following criteria: the statutory nature of a pension scheme, negotiation between employers and employees' representatives, the fact that the employees' benefits supplement social security benefits, the manner in which the pension scheme is financed, its applicability to general categories of employees and, finally, the relationship between the benefit and the employees' employment. | 0 |
865,746 | 37. According to settled case-law, in order to determine whether a body making a reference is a court or tribunal for the purposes of Article 267 TFEU, which is a question governed by EU 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‑54/96 Dorsch Consult [1997] ECR I‑4961, paragraph 23; Case C‑53/03 Syfait and Others [2005] ECR I‑4609, paragraph 29; Case C‑246/05 Häupl [2007] ECR I‑4673, paragraph 16; and Case C‑118/09 Koller [2010] ECR I‑0000, paragraph 22). | 49. Although the national legislation at issue in the main proceedings does not contain either procedural arrangements or substantive requirements capable of ensuring with reasonable probability that, when producing the draft scale, the CNF conducts itself like an arm of the State working in the public interest, it does not appear that the Italian State has waived its power to make decisions of last resort or to review implementation of that scale (see Arduino , paragraphs 39 and 40). | 0 |
865,747 | 24. Therefore, the claims for dismissal of the substance of the action and the underlying pleas advanced for the first time in the rejoinder must be considered as late and, therefore, inadmissible (see Case C‑471/98 Commission v Belgium [2002] ECR I-9681, paragraphs 41 to 43, and Case C‑526/08 Commission v Luxembourg [2010] ECR I-0000, paragraphs 48 to 50). | 39. However, according to the Court’s well-established case-law, national measures capable of hindering the exercise of the fundamental freedoms guaranteed by the Treaty or of making it less attractive may be allowed only if they pursue a legitimate objective in the public interest, are appropriate to ensuring the attainment of that objective, and do not go beyond what is necessary to attain the objective pursued (see, inter alia, judgment in C‑296/12 Commission v Belgium , EU:C:2014:24, paragraph 32 and the case-law cited). | 0 |
865,748 | 47. The Court has held that the principle of the protection of legitimate expectations cannot be relied upon against an unambiguous provision of European Union law; nor can the conduct of a national authority responsible for applying European Union law, which acts in breach of that law, give rise to a legitimate expectation on the part of a trader of beneficial treatment contrary to European Union law (Case 316/86 Krücken [1988] ECR 2213, paragraph 24, Joined Cases C-31/91 to C-44/91 Lageder and Others [1993] ECR I-1761, paragraph 35, and Case C‑94/05 Emsland-Stärke [2006] ECR I-2619, paragraph 31). | 9 THUS, IN ORDER TO ASCRIBE TO A CHARGE AN EFFECT EQUIVALENT TO A CUSTOMS DUTY, IT IS IMPORTANT TO CONSIDER THIS EFFECT IN THE LIGHT OF THE OBJECTIVES OF THE TREATY, IN THE PARTS, TITLES AND CHAPTERS IN WHICH ARTICLES 9, 12, 13 AND 16 ARE TO BE FOUND, PARTICULARLY IN RELATION TO THE FREE MOVEMENT OF GOODS .
CONSEQUENTLY, ANY PECUNIARY CHARGE, HOWEVER SMALL AND WHATEVER ITS DESIGNATION AND MODE OF APPLICATION, WHICH IS IMPOSED UNILATERALLY ON DOMESTIC OR FOREIGN GOODS BY REASON OF THE FACT THAT THEY CROSS A FRONTIER, AND WHICH IS NOT A CUSTOMS DUTY IN THE STRICT SENSE, CONSTITUTES A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLES 9, 12, 13 AND 16 OF THE TREATY, EVEN IF IT IS NOT IMPOSED FOR THE BENEFIT OF THE STATE, IS NOT DISCRIMINATORY OR PROTECTIVE IN EFFECT AND IF THE PRODUCT ON WHICH THE CHARGE IS IMPOSED IS NOT IN COMPETITION WITH ANY DOMESTIC PRODUCT . | 0 |
865,749 | 95. Bien que l’article 260, paragraphe 1, TFUE ne précise pas le délai dans lequel l’exécution d’un arrêt doit intervenir, l’intérêt qui s’attache à une application immédiate et uniforme du droit de l’Union exige, selon une jurisprudence constante de la Cour, que cette exécution soit entamée immédiatement et aboutisse dans des délais aussi brefs que possible (voir, notamment, arrêt Commission/Portugal, C‑76/13, EU:C:2014:2029, point 57). | 59 Therefore, the question of the extent of the judicial review exercised in the context of the review procedures covered by Directive 89/665 must be examined in the light of the purpose of the latter, taking care that its effectiveness is not undermined. | 0 |
865,750 | In view of the situation in Zimbabwe, the Council discharges the burden of proof borne by it if it presents to the Courts
of the European Union a set of indicia sufficiently specific, precise and consistent to establish that there is a sufficient
link between the person subject to a measure freezing his funds and the regime (see, to that effect, judgment of 21 April
2015 in Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 52). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,751 | 55 More specifically, it should be recalled that the case which led to the judgment in Boots Company, cited above, concerned money-off coupons which were offered free of charge by a company to its customers when they purchased certain items and formed part of a promotion the costs of which were borne by the company. Consequently, the Court ruled that since such a price reduction formed part of the price discounts and rebates allowed to the customer' within the meaning of Article 11(A)(3)(b) of the Sixth Directive, the face value of the coupons was not to be included in that company's taxable amount (Boots Company, paragraphs 13, 21 and 22). | 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 |
865,752 | 40. Moreover, the Romanian legislature was entitled to take the view that the depreciation criteria relating to the condition of the vehicle and its equipment can be correctly applied only by having recourse to an individual inspection of that vehicle by an expert, and that, in order to prevent inspections from taking place too often and thereby imposing an administrative and financial burden on the system, the taxpayer should be required to bear the cost of the inspection (see, by analogy, judgment in Tatu , C‑402/09, EU:C:2011:219, paragraph 46). | 11 Consequently, as the Court has consistently held (see, inter alia, the judgment in Case C-60/89 Monteil and Samanni [1991] ECR I-1547, paragraph 11), the directive thus gives two definitions of medicinal products: a definition "by virtue of their presentation" and a definition "by virtue of their functions". A product is a medicinal product if it falls within either of those definitions. | 0 |
865,753 | 69
In those circumstances, the Debreceni Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Debrecen) decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:
‘(1)
Must the description of goods as “light air-cured tobacco” in accordance with heading CN 2401 10 35 of Chapter 24 (“Tobacco and manufactured tobacco substitutes”) in Regulation (EU) No 861/2010 be interpreted as meaning that it includes only air cured tobacco, not stemmed/stripped
—
which contains the whole leaves of the tobacco plant,
—
which is not cut, pressed or compacted,
—
which is not permitted, as light air cured tobacco not stemmed/stripped under heading CN 2401 10 35, to undergo any other form of processing (for example, removal of stems, cutting or compacting of leaves) apart from processing consisting in air curing,
—
which is not for smoking?
(2)
Must the concept of “customs suspensive procedure or arrangement” in Article 4(6) of Directive 2008/118 be interpreted as meaning that it also covers the case of customs goods (excise goods) in external transit, in temporary storage or in customs storage under accompanying documents in which the tariff heading is incorrectly stated (CN 2401 10 35 instead of CN 2403 10 9000), but the relevant chapter of the CN (Chapter 24 — Tobacco) and all the other data in those documents (container number, quantity, net weight) are correct and the seals are not broken?
(In other words, it must be determined whether particular products can be under a customs suspensive procedure when the Chapter of the Common Customs Code is indicated correctly in its accompanying documents but the specific tariff heading is incorrect?)
(3)
Must the concept of “importation” in Article 2(b) of Directive 2008/118 and the concept of “importation of excise goods” in Article 4(8) of that directive be interpreted as meaning that they also cover the case where the tariff heading of the actual goods in external transit and the tariff heading stated in the accompanying documents is different, while, apart from that disparity, both the indication of the Chapter (in the present case, Chapter 24 — Tobacco) and the quantity and net weight of the actual goods correspond to the data given in the accompanying documents?
(4)
Do the irregularities referred to in Article 38 of Directive 2008/118 include a situation where goods are under a customs suspensive arrangement and there is an incorrect CN code under Annex I to Regulation No 2658/87 in the accompanying documents?’ | 28. Points I and III of the nomenclature annexed to Directive 88/361 and the explanatory notes which it contains indicate that direct investment in the form of a shareholding in an undertaking and the acquisition of securities on the capital market constitute capital movements within the meaning of Article 56 EC. By virtue of those explanatory notes, direct investment, in particular, is characterised by the possibility of participating effectively in the management and control of a company. | 0 |
865,754 | 42. As regards the first plea of inadmissibility, it is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity to comply with its obligations under European Union law, on the one hand, and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission. The proper conduct of that procedure constitutes an essential guarantee required by the EC Treaty not only in order to protect the rights of the Member State concerned, but also to ensure that any contentious procedure will have a clearly defined dispute as its subject-matter (see, in particular, Case C‑274/07 Commission v Lithuania [2008] ECR I‑7117, paragraphs 20 and 21 and the case-law cited). | 31
Once the presumption of actual exercise of decisive influence is established, it is solely for the parent company holding all or almost all of the capital of its subsidiary to rebut it. | 0 |
865,755 | 53 The Commission is, however, bound by the guidelines and notices that it issues in the area of supervision of State aid where they do not depart from the rules in the Treaty and are accepted by the Member States (Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 22; Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraph 36; and Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraph 43). The Commission may not therefore refuse to apply the de minimis rule to aid granted to undertakings in sectors which the various applicable provisions do not exclude from application of the rule. | 34. As pointed out before the Court, the location criteria for disposal sites should therefore, where relevant, relate to geological and hydrogeological conditions, the distance of such sites from inhabited areas, the prohibition on establishing installations in the vicinity of sensitive areas or the existence of adequate infrastructure, such as connections to transport networks. | 0 |
865,756 | 27. It thus follows from the structure and wording of Article 17 of the VAT Directive that Article 17(2) contains an exhaustive list of derogations, which, accordingly, must be interpreted strictly (see, by analogy, Case C‑169/12 TNT Express Worldwide [2013] ECR, paragraph 24 and the case-law cited). | 20 As the Advocate General observes in point 25 of his Opinion, the TVergG does not contain any specific provisions on challenges to, or withdrawals by, members of the Landesvergabeamt. | 0 |
865,757 | 40
However, such application of EU law is consistent with the principles of legal certainty and of the protection of legitimate expectations (see to that effect, inter alia, judgments of 22 January 2015, Balazs, C‑401/13 and C‑432/13, EU:C:2015:26, paragraphs 49 and 50 and the case-law cited, and of 19 April 2016, DI, C‑441/14, EU:C:2016:278, paragraphs 38 to 40). | 55. The question remains to be answered whether, in order to achieve that objective of protection of the health of young persons with at least an equivalent level of effectiveness, there are other methods less restrictive of the principle of free movement of goods and capable of replacing the method at issue. | 0 |
865,758 | 40. It is true that the Court of Justice has held, in paragraph 21 of Parfums Christian Dior , that there is no good reason why a court common to a number of Member States, such as the Benelux Court of Justice, should not be able to submit questions to the Court of Justice, in the same way as courts or tribunals of any of those Member States. | 70. In that regard, it should be recalled that, according to settled case-law, a national measure restricting the freedom to provide services which pursues a legitimate objective in the public interest may be allowed only if it is appropriate to ensuring the attainment of that objective and does not go beyond what is necessary to attain the objective pursued (see, to that effect, inter alia, judgment in Las , C‑202/11, EU:C:2013:239, paragraph 23 and the case-law cited). | 0 |
865,759 | 67
However, it is only in circumstances where the action for annulment would unquestionably have been admissible that the Court has held that a person may not plead the invalidity of an act of the European Union before a national court (see, to that effect, judgments of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 17 to 25; of 30 January 1997, Wiljo, C‑178/95, EU:C:1997:46, paragraphs 15 to 25; of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 29 to 40; and of 22 October 2002, National Farmers’ Union, C‑241/01, EU:C:2002:604, paragraphs 34 to 39). In numerous other cases, the Court has held that it was not established that the action would unquestionably have been admissible (see, inter alia, to that effect, judgments of 23 February 2006, Atzeni and Others, C‑346/03 and C‑529/03, EU:C:2006:130, paragraphs 30 to 34; of 8 March 2007, Roquette Frères, C‑441/05, EU:C:2007:150, paragraphs 35 to 48; of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 37 to 52; of 18 September 2014, Valimar, C‑374/12, EU:C:2014:2231, paragraphs 24 to 38; and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraphs 27 to 32). | 40. En effet, dans de telles circonstances, l’inclusion dans la demande de limitation dudit critère relatif à l’absence de prescription médicale n’a pas nécessairement pour effet d’affecter la clarté ou la précision de l’ensemble de cette demande. | 0 |
865,760 | 27. Under the first paragraph of Article 307 EC, the rights and obligations arising from an agreement concluded before the date of accession of a Member State between it and a third country are not affected by the provisions of the Treaty. The purpose of that provision is to make it clear, in accordance with the principles of international law, that application of the Treaty is not to affect the duty of the Member State concerned to respect the rights of third countries under a prior agreement and to perform its obligations (see, Case 812/79 Burgoa [1980] ECR 2787, paragraph 8; Case C-84/98 Commission v Portugal [2000] ECR I-5215, paragraph 53; and Case C-216/01 Budĕjovický Budvar [2003] ECR I-13617, paragraphs 144 and 145). | 36. In the light of the above considerations, the answer to the questions referred is that the condition of genuine use of a trade mark, within the meaning of Article 15(1) of Regulation No 40/94, may be satisfied where a registered trade mark, which has become distinctive as a result of the use of another composite mark of which it constitutes one of the elements, is used only through that other composite mark, or where it is used only in conjunction with another mark, and the combination of those two marks is, furthermore, itself registered as a trade mark.
Costs | 0 |
865,761 | 26 It should be noted in that regard that the term `duties paid by way of fees or dues' is contained in a provision of Community law which does not refer to the law of the Member States in order to determine the term's meaning and scope. Furthermore, the objectives of the Directive would be undermined if the Member States were entirely free to retain taxes with the same characteristics as capital duty by categorizing them as duties paid by way of fees or dues. It follows that the interpretation of the term at issue, considered in its entirety, cannot be left to the discretion of each Member State (see Case 270/81 Felicitas v Finanzamt für Verkehrsteuern [1982] ECR 2771, paragraph 14). | 41. In that regard, it must be observed that Bavaria and Bavaria Italia may not be regarded, for the purpose of the fourth paragraph of Article 230 EC, as undoubtedly ‘directly and individually concerned’ by Regulation No 1347/2001. | 0 |
865,762 | 27. In that regard, it must nevertheless be observed that, by virtue of settled case-law, the general applicability, and thus the legislative nature, of a measure is not called in question by the fact that it is possible to determine more or less exactly the number or even the identity of the persons to whom it applies at any given time, as long as it is established that it applies to them by virtue of an objective legal or factual situation defined by the measure in question in relation to its purpose (see, inter alia , Case 26/86 Deutz and Geldermann v Council [1987] ECR 941, paragraph 8, and Codorniu v Council , paragraph 18). | 47. La responsabilité de Kendrion étant, ainsi qu’il découle des constatations du Tribunal, fondée sur le principe de la responsabilité personnelle de l’entité économique qu’elle formait avec sa filiale (voir, en ce sens, notamment, arrêt du 11 juillet 2013, Commission/Stichting Administratiekantoor Portielje, C‑440/11 P, points 37 à 39 et la jurisprudence citée), la requérante ne saurait faire valoir que l’article 2, premier alinéa, sous d), de la décision litigieuse, en ce qu’il lui inflige une amende à titre personnel, est en contradiction avec les motifs de cette décision. | 0 |
865,763 | 38. As a preliminary point, it should be noted that, at paragraphs 35 and 36 of its judgment in Case C-58/94 Netherlands v Council [1996] ECR I-2169, the Court held that there had been a progressive affirmation of individuals' right of access to documents held by public authorities, a right which has been reaffirmed at Community level on various occasions, in particular in the declaration on the right of access to information annexed (as Declaration 17) to the Final Act of the Treaty on European Union, which links that right with the democratic nature of the institutions. | 13 However, a Member State which, in giving effect to a Commission decision on State aid, encounters unforeseen and unforeseeable difficulties or becomes aware of consequences overlooked by the Commission, must submit those problems to the Commission for consideration, together with proposals for suitable amendments to the decision in question. In such cases, the Commission and the Member State must, by virtue of the rule imposing on the Member States and the Community institutions a duty of genuine cooperation which underlies, in particular, Article 5 of the Treaty, work together in good faith with a view to overcoming the difficulties whilst fully observing the Treaty provisions and, in particular, the provisions on aid (see Case 52/84 Commission v Belgium, paragraph 16, Case 94/87 Commission v Germany, paragraph 9, and Case C-183/91 Commission v Greece, paragraph 19). | 0 |
865,764 | 76. The obligation to establish a deposit and return system for empty packaging is an indispensable element of a system intended to ensure that packaging is reused ( Commission v Denmark , paragraph 13). | 40. It is only exceptionally that, in application of a general principle of legal certainty which is inherent in the Community legal order, the Court may decide to restrict the right to rely upon a provision it has interpreted with a view to calling in question legal relations established in good faith (Case 24/86 Blaizot [1988] ECR 379, paragraph 28, and Case C‑104/98 Buchner and Others [2000] ECR I-3625, paragraph 39). | 0 |
865,765 | 38. The Court has thus stated, first, that the fact that a substance or object undergoes one of the disposal or recovery operations listed, respectively, in Annexes II A and II B to the Directive does not, by itself, mean that a substance or object involved in such an operation is to be classified as waste (see, to that effect, inter alia, Niselli , paragraphs 36 and 37); and, secondly, that the concept of waste does not exclude substances and objects which are capable of economic re-use (see, to that effect, inter alia, Joined Cases C‑304/94, C‑330/94, C‑342/94 and C‑224/95 Tombesi and Others [1997] ECR I‑3561, paragraphs 47 and 48). The system of supervision and control established by the Directive is intended to cover all objects and substances discarded by their owners, even if they have a commercial value and are collected on a commercial basis for recycling, recovery or re-use (see, inter alia, Case C‑9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, ‘ Palin Granit’ , paragraph 29). | 49
In that regard, in order to respond to those questions, it must be noted that the Court has previously been called upon, inter alia, in its judgment of 20 January 2009, Schultz-Hoff and Others (C‑350/06 and C‑520/06, EU:C:2009:18), to rule on questions concerning a worker’s right to paid annual leave which he was unable to exercise until termination of his employment relationship due to reasons beyond his control, specifically because of illness. | 0 |
865,766 | 75. Furthermore, it must be borne in mind that the requirement for judicial review of any decision of a national authority constitutes a general principle of EU law. Pursuant to that principle, it is for the national courts to rule on the lawfulness of a disputed national measure and to regard an action brought for that purpose as admissible even if the domestic rules of procedure do not provide for this in such a case (see, to that effect, judgment in Oleificio Borelli v Commission , EU:C:1992:491, paragraphs 13 and 14). | 13 Accordingly, it is for the national courts, where appropriate after obtaining a preliminary ruling from the Court, to rule on the lawfulness of the national measure at issue on the same terms on which they review any definitive measure adopted by the same national authority which is capable of adversely affecting third parties and, consequently, to regard an action brought for that purpose as admissible even if the domestic rules of procedure do not provide for this in such a case. | 1 |
865,767 | 44. As regards, specifically, the factor relating to organisation, although the Court has previously held that that factor contributes to defining an economic entity (see, to that effect, Case C‑13/95 Süzen [1997] ECR I‑1259, paragraph 15; Case C‑234/98 Allen and Others [1999] ECR I‑8643, paragraph 27; Case C‑175/99 Mayeur [2000] ECR I-7755, paragraph 53; and Case C-172/99 Liikenne [2001] ECR I‑745, paragraph 34), it has also held that an alteration in the organisational structure of the entity transferred is not such as to prevent the application of Directive 2001/23 (see, to that effect, Joined Cases C‑171/94 and C‑172/94 Merckx and Neuhuys [1996] ECR I‑1253, paragraphs 20 and 21; Mayeur , paragraph 54; and Case C‑458/05 Jouini and Others [2007] ECR I‑7301, paragraph 36). | 41. As the Commission essentially contends, if the objective of Regulation No 1260/2001 had been to base the calculation of production levies on the budgetary costs of refunds, it would have sufficed to calculate those levies from the total loss based on export and production refunds. | 0 |
865,768 | 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). | 31. Lastly, if, by means of an anti-suit injunction, the Tribunale di Siracusa were prevented from examining itself the preliminary issue of the validity or the applicability of the arbitration agreement, a party could avoid the proceedings merely by relying on that agreement and the applicant, which considers that the agreement is void, inoperative or incapable of being performed, would thus be barred from access to the court before which it brought proceedings under Article 5(3) of Regulation No 44/2001 and would therefore be deprived of a form of judicial protection to which it is entitled. | 0 |
865,769 | 40. In particular, as is clear from paragraph 18 of the judgment under appeal, by simply referring to the fallacy of the premiss that the appellant had a right to fish and would necessarily have exhausted his quota, the General Court erred in law in considering the condition relating to harm. The existence of a right conferred on individuals by a rule of law does not relate to the actual nature of the harm alleged but constitutes a condition for a finding of a sufficiently serious breach of such a rule by an EU institution, in order that the non-contractual liability of the European Union be incurred. Moreover, the rejection by the General Court of the appellant’s argument that he would have exhausted his quota is solely relevant for assessing the extent of the harm alleged, but not the very existence of such harm, the certainty of which is not called into question by uncertainty as to its precise extent (see, to that effect, judgment in Agraz and Others v Commission , EU:C:2006:708, paragraph 36). | 37 It follows from Articles 2 and 10 of the directive that, when an activity is usually pursued by architects holding a qualification awarded by the host Member State, a migrant architect holding a diploma, certificate or other evidence of formal qualifications coming within the scope of the directive must also be able to pursue such an activity, even if his diploma, certificate or other evidence of formal qualifications is not necessarily substantively equivalent in terms of the training received. | 0 |
865,770 | 45. In addition, the amount of compensation, fixed at EUR 250, 400 and 600 depending on the distance of the flights concerned, may still be reduced by 50% in accordance with Article 7(2)(c) of Regulation No 261/2004, where the delay is – in the case of a flight not falling under subparagraphs (a) or (b) of Article 7(2) – less than four hours ( Sturgeon and Others , paragraph 63, and Nelson and Others , paragraph 78). | 21. The references for a preliminary ruling must therefore be declared admissible.
Substance | 0 |
865,771 | 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). | 29. Thus, Article 8 of the Directive formally lays down the option for Member States to ‘adopt or retain [more] stringent provisions compatible with the Treaty in the area covered by [the] Directive, to ensure a [greater] degree of protection for the consumer’. | 0 |
865,772 | 53
That is the case, according to settled case-law of the Court, where the difference in treatment relates to a legally permitted objective pursued by the measure having the effect of giving rise to such a difference and is proportionate to that objective (see, to that effect, judgments of 17 October 2013, Schaible, C‑101/12, EU:C:2013:661, paragraph 77, and of 22 May 2014, Glatzel, C‑356/12, EU:C:2014:350, paragraph 43). | 32. It should be noted that Article 2(1) of Directive 2006/126 provides for the mutual recognition of driving licences issued by Member States. The second subparagraph of Article 11(4) of that directive provides, however, that a Member State is to refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State’s territory, irrespective of whether or not that licence had been issued before the date on which that provision became applicable. | 0 |
865,773 | 29. In that regard, it should be recalled that the principle of proportionality, which is one of the general principles of European Union law, requires that acts adopted by institutions of the European Union do not exceed the limits of what is appropriate and necessary in order to attain the legitimate objectives pursued by the legislation in question; where there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (Case C‑33/08 Agrana Zucker [2009] ECR I‑0000, paragraph 31 and the case-law cited). | 36 This argument cannot be accepted. | 0 |
865,774 | 38. However, for such an argument to succeed, the Court has held that a direct link must be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see, Case C‑484/93 Svensson and Gustavsson [1995] ECR I‑955, paragraph 18; Case C‑436/00 X and Y [2002] ECR I‑10829, paragraph 52; Keller Holding , paragraph 40, and Case C‑386/04 Centro di Musicologia Walter Stauffer [2006] ECR I‑8203, paragraphs 54 to 56). | 112. In that regard, it must be borne in mind, first, that the programme provides for the purchase of government bonds only in so far as is necessary for safeguarding the monetary policy transmission mechanism and the singleness of monetary policy and that those purchases will cease as soon as those objectives are achieved. | 0 |
865,775 | 54 Since, moreover, as the order for reference shows and unlike the situation analysed in paragraph 21 of the judgment in Armbrecht, the parts of buildings and the land on which they stood at issue in the main proceedings were intended to be used for business purposes, there is no need, as far as the right of option is concerned, to make an apportionment between that part of the buildings or parts of buildings and the land on which they stood devoted to business activities, and that part reserved for the private use of the taxpayer. | 45. It must be held that the provisions of Article 9(3) of the Aarhus Convention do not contain any clear and precise obligation capable of directly regulating the legal position of individuals. Since only members of the public who meet the criteria, if any, laid down by national law are entitled to exercise the rights provided for in Article 9(3), that provision is subject, in its implementation or effects, to the adoption of a subsequent measure. | 0 |
865,776 | 20. In that regard, it should be borne in mind that, in proceedings under Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of Community law, the Court is in principle bound to give a ruling (see, inter alia, Case C-119/05 Lucchini [2007] ECR I‑6199, paragraph 43, and Case C-162/06 International Mail Spain [2007] ECR I‑9911, paragraph 23). The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Joined Cases C-94/04 and C-202/04 Cipolla and Others [2006] ECR I-11421, paragraph 25; Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I-4233, paragraph 22; and Case C‑379/05 Amurta [2007] ECR I-9569, paragraph 64). | 33 First, there is no basis for any legitimate expectation on the part of the plaintiffs that the rules provided for in the abovementioned Commission proposal would be maintained, since it is clear from Article 149 of the Treaty that the Commission may amend such a proposal at any time and that the Council may adopt an act constituting an amendment to the proposal. | 0 |
865,777 | 40
That provision does not seek to define the scope of Directive 2003/87 but contributes to the implementation of a distinction which is important for the determination of the maximum annual amount of allowances within the meaning of Article 10a(5) of that directive (see, to that effect, judgment of 28 April 2016 in Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraphs 64 to 70). | 17 It was by reference to the particular features of Ricoh' s sales to OEMs, especially the differences in costs incurred by Ricoh in its sales to OEMs as compared with its costs in sales of plain paper photocopiers under its own brand name, that the Council saw fit, in constructing the normal value, to set the profit margin of exporters at 5%, that is to say, at a lower rate than the average profit margin, which was estimated at 14.6 %. | 0 |
865,778 | 13 In that connection, it should be pointed out that only advantages granted directly or indirectly through State resources are to be considered as aid within the meaning of Article 92(1). The distinction made in that provision between `aid granted by a Member State' and aid granted `through State resources' does not signify that all advantages granted by a State, whether financed through State resources or not, constitute aid but is intended merely to bring within that definition both advantages which are granted directly by the State and those granted by a public or private body designated or established by the State (see Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele [1978] ECR 25, paragraphs 24 and 25, Case C-72/91 Sloman Neptun v Bodo Ziesemer [1993] ECR I-887, paragraph 19, and Case C-189/91 Kirsammer-Hack v Sidal [1993] ECR I-6185, paragraph 16). | 62 It should be observed that the Court of First Instance has unlimited jurisdiction when it rules on the amount of fines imposed on undertakings for infringements of Community law and that it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance in the matter (Ferriere Nord v Commission, cited above, paragraph 31). | 0 |
865,779 | 85
The Court has repeatedly held that, given their nature and structure, the WTO agreements are not in principle among the rules in the light of which the legality of measures adopted by the EU institutions may be reviewed (see, to this effect, judgments in Portugal v Council, C‑149/96, EU:C:1999:574, paragraph 47, and Commission v Rusal Armenal, C‑21/14 P, EU:C:2015:494, paragraph 38). | 32. It must also be pointed out that, according to settled case-law, classification as aid requires that all the conditions set out in that provision should be fulfilled (see Case C-142/87 Belgium v Commission (‘Tubemeuse’) [1990] ECR I-959, paragraph 25; Joined Cases C-278/92 to C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 20; Case C-482/99 France v Commission [2002] ECR I-4397, paragraph 68, and Case C-280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, paragraph 74). | 0 |
865,780 | 19. With regard to any medicinal products not covered by Directive 81/851 to which Articles 30 and 36 of the Treaty should be applied, it should be recalled that it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the particular facts of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (see, in particular, Case C-472/93 Spano and Others v Fiat Geotech and Fiat Hitachi Excavators [1995] ECR I-0000, paragraph 15), and that the parties cannot alter the wording of those questions (Case 5/72 Grassi v Italian Finance Administration [1972] ECR 443, paragraph 4). | 35. Eu égard à son économie, ladite directive ne saurait être considérée comme réglant également la relation entre un État membre et la Communauté européenne, relation dont il s’agit dans le contexte de l’article 226 CE. | 0 |
865,781 | 43
That is not the case in a situation where the tariffs are fixed with due regard for the public-interest criteria defined by law and the public authorities do not delegate their rights and powers to private economic operators even if representatives of the economic operators are not in the minority on the committee proposing those tariffs (see, to that effect, judgment of 4 September 2014, API and Others, C‑184/13 to C‑187/13, C‑194/13, C‑195/13 and C‑208/13, EU:C:2014:2147, paragraph 31). | 40. The measures prohibited by Article 56(1) EC, as restrictions on the movement of capital, include those which are likely to discourage non‑residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (see van Hilten-van der Heijden , paragraph 44, and Case C-370/05 Festersen [2007] ECR I-1129, paragraph 24). | 0 |
865,782 | 117 According to that case-law, although that requirement of independence does not deprive economic operators of the right to adapt themselves intelligently to the existing and anticipated conduct of their competitors, it does however strictly preclude any direct or indirect contact between such operators, the object or effect whereof is either to influence the conduct on the market of an actual or potential competitor or to disclose to such a competitor the course of conduct which they themselves have decided to adopt or contemplate adopting on the market, where the object or effect of such contact is to create conditions of competition which do not correspond to the normal conditions of the market in question, regard being had to the nature of the products or services offered, the size and number of the undertakings and the volume of the said market (see, to that effect, Suiker Unie and Others v Commission, paragraph 174; Züchner, paragraph 14; and John Deere v Commission, paragraph 87, all cited above). | 21 That interpretation is, moreover, in conformity with the objective of the special rules of jurisdiction. As the Jenard Report (OJ 1979 C 59, at p. 22) makes clear, those rules allow the plaintiff to sue the defendant in courts other than those of his domicile because there is a specially close connecting factor between the dispute and the court with jurisdiction to resolve it. | 0 |
865,783 | 31. Thus, the Court has held not only that every supply of a service must normally be regarded as distinct and independent, but that a supply which comprises a single service from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system (see, to that effect, CPP , paragraph 29, and Case C-242/08 Swiss Re Germany Holding [2009] ECR I-10099, paragraph 51). | 38. In addition to the physical presence of the child in a Member State other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that the residence of the child reflects some degree of integration in a social and family environment. | 0 |
865,784 | 20 In that connection, it must be borne in mind that a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. It is not necessary to find that the provision in question does in practice affect a substantially higher proportion of migrant workers. It is sufficient that it is liable to have such an effect (see, in particular and most recently, Case C-237/94 O' Flynn v Adjudication Officer [1996] ECR I-0000, paragraphs 20 and 21).
The complaint concerning grant of the tideover allowance | 47. In the present case, Note 5 B(a) to (c) of Chapter 84 of the CN states that screens such as those at issue in the main proceedings fall within heading 8471 of the CN as units of an automatic data-processing machine if they satisfy simultaneously three conditions, namely they are of a kind solely or principally used in an automatic data-processing system; they are connectable to the central processing unit either directly or through one or more other units; and they are able to accept or deliver data in a form (codes or signals) which can be used by the system ( Kamino International Logistics EU:C:2009:105, paragraph 41). | 0 |
865,785 | 28 As the Court has consistently held (Case C-41/93 France v Commission [1994] ECR I-1829, paragraphs 29 and 30), measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which are such as to hinder intra-Community trade would be rendered ineffective if Member States retained the right unilaterally to apply national rules derogating from those measures and a Member State is not, therefore, authorised to apply the national provisions notified by it under Article 100a(4) until after it has obtained a decision from the Commission confirming them. | 35. Il y a lieu de constater que l’article en cause répond à cette définition. En effet, sa propriété, telle que définie par la juridiction de renvoi, est celle de permettre de fixer une barrière de sécurité, en bois ou en métal, à un mur ou à un chambranle par un effet de pression. Il y a également lieu de relever que ce système permet de retirer la barrière sans détérioration de l’endroit où elle a été placée. | 0 |
865,786 | 39. It should be recalled at the outset that the interest in bringing proceedings – a condition of admissibility – must continue up until the Court’s ruling on the substance. According to the case-law of the Court, such an interest exists as long as the appeal may, if successful, procure an advantage for the party bringing it (Case C-550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission [2010] ECR I‑0000, paragraphs 22 and 23). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
865,787 | 36. To that end, the protection offered by the sui generis right under Directive 96/9 is intended to ensure that the person who has taken the initiative and assumed the risk of making a substantial investment in terms of human, technical and/or financial resources in the setting up and operation of a database receives a return on his investment by protecting him against the unauthorised appropriation of the results of that investment (see The British Horseracing Board and Others , paragraphs 32 and 46; Fixtures Marketing , paragraph 35; and Directmedia Publishing , paragraph 33). | 39
Thus, in the present case, the precautionary measures permitted under national legislation at issue in the main proceedings must not exceed the limits of what is appropriate and necessary in order to attain the objectives legitimately pursued by the legislation in question; when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (see, to that effect, judgment of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraphs 24 and 53 and the case-law cited). | 0 |
865,788 | 29
According to the case-law of the Court, the concept of ‘employment conditions’, within the meaning of the clause 4(1) of the framework agreement, thus covers the three-yearly length-of-service increments which represent one of the constituent parts of the pay which should be granted to fixed-term workers in the same way as it is to permanent workers (see, to that effect, judgments of 13 September 2007, in Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraph 47, and of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraphs 50 to 58). | 14 AS WAS RECALLED IN THE JUDGMENT GIVEN IN CASE 139/77 , IN THE WORDS OF THE FIRST RECITAL IN THE PREAMBLE TO REGULATION NO 2464/69 , ' ' THE REVALUATION OF THE GERMAN MARK AND THE PRESENT UNALTERED VALUE OF THE UNIT OF ACCOUNT ENTAIL A REDUCTION IN AGRICULTURAL PRICES EXPRESSED IN GERMAN MARKS . . . FROM 1 JANUARY 1970 ; . . . GERMAN AGRICULTURE WILL THEREBY SUFFER A LOSS OF INCOME ' ' . THE LOSSES CONTEMPLATED , WHICH THE REGULATION AIMED TO COMPENSATE , WERE IN THE AGRICULTURAL SECTORS SUCH AS MILK AND CEREALS WHERE AN INTERVENTION SYSTEM APPLIED . THE REVALUATION ALMOST AUTOMATICALLY LED TO A REDUCTION IN AGRICULTURAL PRICES EXPRESSED IN GERMAN MARKS BUT FIXED IN UNITS OF ACCOUNT UNDER THE COMMON AGRICULTURAL POLICY . IT IS PRECISELY IN THESE SECTORS THAT PRODUCTION DEPENDS ON WORKING AN ADEQUATE AMOUNT OF AGRICULTURAL LAND .
| 0 |
865,789 | 53. It is to be emphasised here that Article 49 EC, as interpreted in paragraph 53 of Vanbraekel and Others , being a directly applicable provision of the Treaty, binds all the authorities of the Member States, including administrative and judicial, which are, therefore, obliged to observe it, and there is no need to adopt domestic implementing measures (see, to that effect, Case 168/85 Commission v Italy [1986] ECR 2945, paragraph 11 and Case C‑412/04 Commission v Italy [2008] ECR I‑619, paragraphs 67 and 68). | 56. Therefore, it cannot be stated or presumed that there was an interest of the Union that, in an area excluded by the EU legislature from the scope of the measure which it adopted, there should be a uniform interpretation of the provisions of that measure. | 0 |
865,790 | 96
It is clear from the Court’s case-law that, in such circumstances, the requirement of legal certainty means that the EU institutions must exercise their powers within a reasonable time (see, to that effect, judgments of 24 September 2002 in Falck and Acciaierie di Bolzano v Commission, C‑74/00 P and C‑75/00 P, EU:C:2002:524, paragraphs 139 to 141 and the case-law cited; 28 February 2013 in Review of Arango Jaramillo and Others v EIB, C‑334/12 RX-II, EU:C:2013:134, paragraph 28; and 13 November 2014 in Nencini v Parliament, C‑447/13 P, EU:C:2014:2372, paragraphs 47 and 48), as the General Court also stated in paragraph 81 of the judgment under appeal. | 50. In that regard, it is possible to provide the referring court with some further guidelines in the light of the information it sent to the Court. Thus, it must be held that, in any event, the management of AUTs and OEICs, which are collective investment undertakings as defined in the UCITS Directive, is exempt from VAT in the United Kingdom. Although, at present, ITCs are not collective investment undertakings within the meaning of the UCITS Directive, the fact remains that, as the referring court observes, AUTs, OEICs and ITCs are three forms of special investment which spread risk. In addition, the referring court considers that ITCs, like AUTs and OEICs, involve investment in securities through the intermediary of a collective investment undertaking which allows private investors to invest in wide-ranging investment portfolios and thus reduce the stock market risk. | 0 |
865,791 | 68. Moreover, the Court’s finding in paragraphs 67 to 78 of its judgment in Nuova Agricast , to the effect that undertakings in the first category and those in the second category were not in a comparable situation in terms of the criterion of the need for the State aid, does not per se preclude the possibility of the Commission’s having an obligation to authorise transitional provisions for undertakings in the first category as well in order to comply with, inter alia, the principle of the protection of legitimate expectations. | 16 IT IS PART OF THE COMMUNITY AUTHORITIES' TASK TO ELIMINATE FACTORS LIKELY TO DISTORT COMPETITION BETWEEN MEMBER STATES, IN PARTICULAR BY THE HARMONIZATION OF NATIONAL MEASURES FOR THE CONTROL OF PRICES AND BY THE PROHIBITION OF AIDS WHICH ARE INCOMPATIBLE WITH THE COMMON MARKET, IN ADDITION TO THE EXERCISE OF THEIR POWERS IN THE FIELD OF COMPETITION . | 0 |
865,792 | 22. It should be noted that the Commission has a broad discretion to define the subject-matter of tariff headings, but that it is not authorised to alter the subject-matter of the tariff headings which have been defined on the basis of the Harmonised System (Case C-267/94 France v Commission [1995] ECR I-4845, paragraphs 19 and 20, and Case C-309/98 Holz Geenen [2000] ECR I-1975, paragraph 13). | 54 It follows that it is for the trader alleging consent to prove it and not for the trade mark proprietor to demonstrate its absence. | 0 |
865,793 | 22 It must be pointed out in that regard that, in its judgment of 25 May 1971 in Case 80/70 Defrenne v Belgium (( 1971 )) ECR 445, paragraphs 7 and 8, the Court stated that consideration in the nature of social security benefits is not in principle alien to the concept of pay . However, the Court pointed out that this concept, as defined in Article 119, cannot encompass social security schemes or benefits, in particular retirement pensions, directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are compulsorily applicable to general categories of workers . | 57. In order to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State, Directive 90/435 aims to avoid economic double taxation of profits, in other words, to avoid taxation of distributed profits first in the hands of the subsidiary and then in the hands of the parent company (see Banque Fédérative du Crédit Mutuel , paragraphs 24 and 27, and Cobelfret , paragraph 29). | 0 |
865,794 | 27. The applicants in the main proceedings appealed against the orders of 4 June 2009 to the Cour de Cassation which, finding that interpretation of Articles 1 to 3 of Directive 98/59 was necessary to enable it to give judgment in the cases of which it is seised, stayed the proceedings and referred to the Court the following questions for a preliminary ruling, which are worded identically in each of the three cases:
‘(1) Are Articles 1, 2 and 3 of Directive 98/59 … to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(1)(a) and (b) of the Law … of 5 April 1993 relating to the financial sector, [as amended by the Law of 19 March 2004], in respect of which termination national legislation provides for the termination of employment contracts with immediate effect?
(2) If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59 to be interpreted as meaning that the administrator or liquidator is deemed to be in the same position as an employer who is contemplating collective redundancies and who is able to carry out, to that end, the acts referred to in Articles 2 and 3 of [that] directive and of effecting such redundancies (Case C-323/08 Rodríguez Mayor and Others [2009] ECR I-11621, paragraphs 39, 40 and 41)?’ | 24 In the present case, the refusal to afford the producers who received a special reference quantity under the contested provision the possibility of transferring that quantity to a purchaser or lessee of their holdings, even though such a possibility is available to those who received reference quantities under other provisions of the Community legislation, is justified by the need to prevent the former from seeking the allocation of a special reference quantity in order, not to resume the marketing of milk on an enduring basis, but to derive from that allocation a purely financial advantage by realizing the marketable value which the reference quantities have acquired in the meantime. | 0 |
865,795 | 50. With regard, first of all, to the argument of the Spanish and Italian Governments, based on the necessity of ensuring fiscal, customs, and health control of tobacco products, it should be noted that it is for the national authorities, where they adopt a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure is appropriate for securing the attainment of the objective relied upon and does not go beyond what is necessary to attain it. The reasons invoked by a Member State by way of justification must thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments (see Case C‑8/02 Leichtle [2004] ECR I‑2641, paragraph 45, and Case C‑73/08 Bressol and Others [2010] ECR I‑2735, paragraph 71). | 66. Secondly, in accordance with settled case-law, the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law (see, to this effect, judgment in Åkerberg Fransson , C‑617/10, EU:C:2013:105, paragraph 19 and the case-law cited). | 0 |
865,796 | 61
It is in that context that the Court referred to the wholly derivative nature of the liability incurred by the parent company solely because of a subsidiary’s direct participation in the infringement (see, to that effect, judgment of 22 January 2013, Commission v Tomkins, C‑286/11 P, EU:C:2013:29, paragraphs 34, 38, 43 and 49). In that situation, the parent company’s liability arises from its subsidiary’s unlawful conduct, which is attributed to the parent company in view of the economic unit formed by those companies. Consequently, the parent company’s liability necessarily depends on the facts constituting the infringement committed by its subsidiary and to which its liability is inextricably linked. | 20. In that connection, as is clear from a comparison of the various language versions of Article 3(4) of Directive 2000/76, and as Lahti Energia, Hämeen ympäristökeskus, the Finnish Government and the Commission have submitted, a unit in which waste is thermally treated will be classified as an ‘incineration plant’ only if the substances resulting from the use of that thermal treatment process are subsequently incinerated. | 0 |
865,797 | 24. As regards the exemption referred to in Article 13(A)(1)(c) of the Sixth Directive, it follows from the case-law that the concept of ‘provision of medical care’ is intended to cover services which have as their purpose the diagnosis, treatment and, in so far as possible, cure of diseases or health disorders ( CopyGene , paragraph 28 and the case-law cited). Whilst the provision of medical care must have a therapeutic purpose, it does not necessarily follow, according to the case‑law cited in the previous paragraph, that the therapeutic purpose of a service must be confined within a particularly narrow compass (see CopyGene , paragraph 29 and the case-law cited). | 25 However, Community legislative practice shows that there may be great differences in the types of obligations which directives impose on the Member States and therefore in the results which must be achieved. | 0 |
865,798 | 37
First of all, it is settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedoms guaranteed by Articles 49 TFEU and 56 TFEU must be regarded as restrictions on the freedom of establishment and/or the freedom to provide services (see judgment of 22 January 2015, Stanley International Betting and Stanleybet Malta, C‑463/13, EU:C:2015:25, paragraph 45 and the case-law cited). | 23 That result is arrived at because the rules in question do not allow account to be taken of a reference year outside the period 1981 to 1983 or of a theoretical quantity calculated on the basis of milk deliveries made during a period prior to 1981. As the Court held in Erpelding (paragraph 30), such an exclusion is justified by the need to limit the number of years which may be taken as reference years, in the interests of both legal certainty and the effectiveness of the additional levy system. | 0 |
865,799 | 61
The latter case related to private undertakings that had not been appointed by the State to administer a State resource, but were bound by an obligation to purchase by means of their own financial resources (see judgments of 17 July 2008, Essent Netwerk Noord and Others, C‑206/06, EU:C:2008:413, paragraph 74; of 19 December 2013, Association Vent De Colère! and Others, C‑262/12, EU:C:2013:851, paragraph 35; and order of 22 October 2014, Elcogás, C‑275/13, not published, EU:C:2014:2314, paragraph 32). | 17. Regulation No 1782/2003, as set out at recital 24 thereof, sought to facilitate the transition from production aid to producer aid by the gradual reduction of direct payments and the introduction of an income support scheme decoupled from production, namely the scheme for single payments determined on the basis of previous entitlements within a reference period, in order to make farmers in the European Union more competitive. | 0 |
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