Unnamed: 0
int64 0
869k
| 0
stringlengths 36
32.8k
⌀ | 1
stringlengths 8
29.9k
| 2
int64 0
1
|
|---|---|---|---|
865,800 | 73. Even if the imports in question were not at a price below the intervention price, the Commission sufficiently justified the safeguard measure at issue by pointing out that, in view of the stable consumption of sugar in the Community, the growing increase in sugar imports from the OCTs might cause growth in the volume of subsidised exports, itself resulting in an increase in the costs connected to those exports and hence in the contributions assumed by Community producers, or reductions in Community production quotas. Such difficulties, as the Court has already observed in paragraphs 40 and 56 of its judgment in Emesa Sugar , are likely to disturb the common organisation of the sugar market. | 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). | 0 |
865,801 | 38. As regards the setting up of a database, that criterion of originality is satisfied when, through the selection or arrangement of the data which it contains, its author expresses his creative ability in an original manner by making free and creative choices (see, by analogy, Infopaq International , paragraph 45; Bezpečnostní softwarová asociace , paragraph 50; and Painer , paragraph 89) and thus stamps his ‘personal touch’ ( Painer , paragraph 92). | 75. Nevertheless, Beaudout argues that the introduction of a mechanism authorising exemptions from affiliation would not endanger the financial balance of the body which manages the scheme at issue in the main proceedings. | 0 |
865,802 | 25. The Court has repeatedly held that Article 49 EC precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within a Member State (Case C-381/93 Commission v France [1994] ECR I‑5145, paragraph 17, and Smits and Peerbooms , paragraph 61). | 101. In paragraph 474 of the judgment under appeal, the Court of First Instance held that "the taking into account of the turnover achieved by each undertaking during the reference year, that is to say, the last complete year of the period of infringement found, enabled the Commission to assess the size and economic power of each undertaking and the scale of the infringement committed by each of them, those aspects being relevant for an assessment of the gravity of the infringement committed by each undertaking (see [Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825], paragraphs 120 and 121)." | 0 |
865,803 | 41. It must be remembered that, under Article 7(1)(b) of Regulation No 40/94, trade marks which are devoid of any distinctive character are not to be registered. It is settled case‑law that the distinctive character of a trade mark, within the meaning of that provision, must be assessed, first, by reference to the goods or services in respect of which registration has been sought and, second, by reference to the perception of them by the relevant public (see, inter alia, Henkel v OHIM , paragraph 35; Case C‑25/05 P Storck v OHIM [2006] ECR I‑5719, paragraph 25; and Case C‑238/06 P Develey v OHIM [2007] ECR I‑9375, paragraph 79). | 58. In those circumstances, it is not necessary to determine whether the criterion relating to the good faith of those concerned is satisfied. | 0 |
865,804 | 30. L’article 1 er du règlement n° 2847/93, qui constitue, dans le domaine de la pêche, une expression particulière des obligations imposées aux États membres par l’article 10 CE, prévoit que ces derniers arrêtent les mesures appropriées pour assurer l’efficacité du régime communautaire de conservation et de gestion des ressources en matière de pêche (voir arrêts du 12 juillet 2005, Commission/France, C‑304/02, Rec. p. I‑6263, point 32, et Commission/Espagne, précité, point 35). | 45
Consequently, according to settled case-law, the fundamental principle of VAT neutrality requires deduction of input tax to be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements (judgments of 12 July 2012 in EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 62 and the case-law cited, and 9 July 2015 in Salomie and Oltean, C‑183/14, EU:C:2015:454, paragraph 58 and the case-law cited). | 0 |
865,805 | 30. Pour autant que la République française fait état des travaux législatifs ayant pour objet de rendre la législation française conforme à l’article 63 TFUE et à l’article 40 de l’accord EEE, il suffit de rappeler qu’il est de jurisprudence constante que 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 Commission/Grèce, C‑351/13, EU:C:2014:2150, point 20, et Commission/Belgique, C‑317/14, EU:C:2015:63, point 34). | 38. It follows from the foregoing that the application is admissible.
The first plea
Arguments of the parties | 0 |
865,806 | 95. However, where the grounds of a judgment of the Court of First Instance disclose an infringement of Community law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (see Case C-30/91 P Lestelle v Commission [1992] ECR I-3755, paragraph 28, Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraph 58, and Case C-312/00 P Commission v Camar and Tico [2002] ECR I-11355, paragraph 57). | 24. While it is true that the second subparagraph of Article 1(d) of Directive 89/48 provides that the professions covered by that provision are to be deemed to be regulated professions where they are pursued by a member of the organisation or association concerned, that deemed equivalence, as observed by the Advocate General in point 57 of his Opinion, is not full equivalence, and those professions do not constitute regulated professions within the meaning of Article 1(c) of that directive. Consequently, the recognition mechanism provided for in point (a) of the first subparagraph of Article 3 thereof cannot, contrary to the Court’s ruling in paragraphs 45 and 47 of Price , be relied on by members of such professions who apply for recognition. Furthermore, contrary to what seems to follow from paragraphs 36, 45, 46 and 48 of Price , it is the mechanism of recognition provided for in point (b) of the first subparagraph of Article 3 of Directive 89/48 which is applicable to a profession falling under the second subparagraph of Article 1(d) of that directive. | 0 |
865,807 | 54 It was in that context that the Court observed, in paragraphs 29 and 30 of Taflan-Met, comparing Regulations No 1408/71 and its implementing regulation, No 574/72, with Decision No 3/80, that, even though the Decision refers specifically to certain provisions of the two regulations, the Decision does not contain a large number of precise, detailed provisions, deemed indispensable for the purpose of implementing Regulation No 1408/71 within the Community. It emphasised in paragraph 32 in particular that, whilst Decision No 3/80 sets out the fundamental principle of aggregation for the branches sickness and maternity, invalidity, old age, death grants and family benefits by reference to Regulation No 1408/71, supplementary implementing measures of the kind set out in Regulation No 574/72 must be adopted before that principle can be applied. The Court pointed out, at paragraphs 35 and 36, that such measures as well as detailed provisions relating, inter alia, to prevention of overlapping benefits and to determination of the applicable legislation, appear only in the proposal for a Council (EEC) Regulation implementing within the European Economic Community Decision No 3/80 submitted by the Commission on 8 February 1983, which has not yet been adopted by the Council. It concluded that, until adoption of those implementing measures, the coordinating rules in Decision No 3/80 on which the plaintiffs had based their claims could not be relied on by them directly before the national courts of a Member State. | 97
As regards, in the third place, the allegedly disproportionate effects of the prohibition on the use of menthol as a characterising flavour, on account of the negative economic and social consequences to which that prohibition would give rise, it must be noted that, even though it has, in the present case, a broad legislative power, the EU legislature must base its choice on objective criteria and examine whether aims pursued by the measure chosen are such as to justify even substantial negative economic consequences for certain operators (see, to that effect, judgment in Luxembourg v Parliament and Council, C‑176/09, EU:C:2011:290, paragraph 63 and the case-law cited). | 0 |
865,808 | 68. Yet according to settled case-law, in proceedings under Article 258 TFEU for failure to fulfil obligations it is for the Commission to prove the alleged failure. It is therefore the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, inter alia, Case C‑494/01 Commission v Ireland [2005] ECR I‑3331, paragraph 41; Case C‑335/07 Commission v Finland [2009] ECR I‑9459, paragraph 46; and Case C‑556/10 Commission v Germany [2013] ECR I‑0000, paragraph 66). | 41. It is to be remembered that in proceedings under Article 226 EC for failure to fulfil obligations it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled. It is the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumption (see, in particular, Case 96/81 Commission v Netherlands [1982] ECR 1791, paragraph 6, and Case C-408/97 Commission v Netherlands [2000] ECR I-6417, paragraph 15). | 1 |
865,809 | 33. The Court has already held that, while, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is incumbent on the Commission to place before the Court the information needed to enable the Court to establish that an obligation has not been fulfilled, it is also incumbent on the Member States, pursuant to Article 4(3) TEU, to facilitate the achievement of the Commission’s tasks. Moreover, the information concerning the transposition of a directive which the Member States are obliged to provide to the Commission must be clear and precise, and it must unequivocally indicate the legislative, regulatory and administrative measures by which the Member State considers that it has fulfilled the various obligations imposed on it by the directive. In the absence of such information, the Commission is not in a position to determine whether the Member State has genuinely and fully implemented the directive. The failure of a Member State to fulfil that obligation, whether by providing no information at all or by providing insufficiently clear and precise information, may of itself justify recourse to the procedure under Article 258 TFEU in order to establish that failure to fulfil the obligation (see, to that effect, judgment in Commission v Italy , C‑456/03, EU:C:2005:388, paragraphs 26 and 27). | 30. As a preliminary point, it should be borne in mind that the protection of trade marks is characterised, within the European Union, by the coexistence of several systems of protection. | 0 |
865,810 | 64 The Guidelines, which are not the first to apply in the area under consideration, are based on Article 93(1) of the Treaty, under which the Commission, in cooperation with the Member States, is to keep under constant review the systems of aid existing in those States. It is to propose to them any appropriate measures required by the progressive development or by the functioning of the common market. The Guidelines are thus one element of that obligation of regular, periodic cooperation from which neither the Commission nor a Member State can release itself (see Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraphs 36 and 37). | 56
Accordingly, Regulation No 1083/2006 forms part of the mechanism designed to ensure the proper management of EU funds and the safeguarding of the European Union’s financial interests (see, to that effect, judgment of 26 May 2016, Judeţul Neamţ and Judeţul Bacău, C‑260/14 and C‑261/14, EU:C:2016:360, paragraph 34). | 0 |
865,811 | 46
In order to answer that question, it should be recalled that, in accordance with settled case-law of the Court, Directive 2000/35 does not harmonise fully all the rules relating to late payments in commercial transactions (judgments of 26 October 2006, Commission v Italy, C‑302/05, EU:C:2006:683, paragraph 23; 3 April 2008, 01051 Telecom, C‑306/06, EU:C:2008:187, paragraph 21; and 11 September 2008, Caffaro, C‑265/07, EU:C:2008:496, paragraph 15). | 28 Pursuant to Article 1(h) of Regulation No 1408/71, the term `residence' for the purposes of that regulation `means habitual residence' and therefore has a Community-wide meaning. | 0 |
865,812 | 56. In particular, as regards the argument that the Commission did not take into account certain publicly available statistical data during that search, the Court did indeed hold, in the judgment in GLS (C‑338/10, EU:C:2012:158, paragraph 30), that the Union institutions must examine with all due care the information they possess, including, in particular, Eurostat statistics, in order to ascertain whether it is possible to select an analogue country for the purposes of Article 2(7)(a) of the basic regulation. Nevertheless, it is important to bear in mind that those considerations related to the obligations of the Commission where none of the undertakings contacted were willing to cooperate and where it applied the secondary methodology provided for in that provision whereby the normal value of the product in question is determined ‘on any other reasonable basis’. It is undisputed that, in the present anti-dumping proceeding, a US undertaking agreed to cooperate with the Commission and that the Commission, on that basis, applied the main methodology set out by that provision, under which it did not have to examine those statistics. | 31. On the other hand, it is settled case-law that the Commission’s powers of investigation are strictly defined, encompassing inter alia the exclusion of non-business documents from the scope of the investigation, the right to legal assistance, the preservation of the confidentiality of correspondence between legal counsel and clients, the obligation to state reasons for the inspection decision and the option of bringing proceedings before the EU courts (see, to that effect, judgment in Roquette Frères , C‑94/00, EU:C:2002:603, paragraphs 44 to 50). | 0 |
865,813 | 89 This is so here a fortiori since the documents show that, as a matter of accounting, once the employer' s and the employees' contributions have been paid into the scheme, they are managed as a single fund and it is no longer possible to distinguish them. | 55. Article 20(1) of that directive leaves the Member States free to take the measures necessary to establish a system of third-party access to transmission or distribution systems. It follows that, in accordance with Article 249 EC, the Member States have authority over the form and the methods to be used to implement such a system. Having regard to the importance of the principle of open access to transmission or distribution systems, that margin of discretion does not, however, authorise them to depart from that principle except in those cases where Directive 2003/54 lays down exceptions or derogations. | 0 |
865,814 | 44. En outre, il y a lieu de relever que l’article 36 de l’accord EEE est analogue à l’article 56 TFUE, de telle sorte que les considérations énoncées aux points 40 à 43 du présent arrêt s’appliquent, en principe, également à l’article 36 de l’accord EEE (voir, notamment, arrêts Commission/Belgique, C‑383/10, EU:C:2013:364, point 71, et Commission/Espagne, C‑678/11, EU:C:2014:2434, point 66). | 116. Where the appellant challenges the interpretation or application of EU law by the General Court, the points of law examined at first instance may be discussed 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‑234/02 P Ombudsman v Lamberts [2004] ECR I‑2803, paragraph 75). | 0 |
865,815 | 27 Before replying to the question referred, it should be noted that the Court has held that the Regeringsrätten, when seised with an appeal against a ruling of the Skatterättsnämnden, is carrying out a judicial function. Second, although the dispute in the main proceedings concerns the possibility of carrying out in the future a transaction which has not yet been undertaken, it is a genuine dispute and the question of Community law raised by the referring court is in no way hypothetical (see Case C-200/98 X and Y [1999] ECR I-8261, paragraphs 16 to 22). | 51. It must also be pointed out that Directive 85/337 adopts an overall assessment of the effects of projects on the environment (Case C‑142/07 Ecologistas en Acción-CODA [2008] ECR I‑6097, paragraph 39 and the case-law cited) irrespective of whether the project might be transboundary in nature. | 0 |
865,816 | 38. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by-products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances –, provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 19 The Court has consistently held that the existence of double controls in the State of exportation and in the State of importation cannot be justified if the results of the control carried out in the Member State of origin satisfy the requirements of the Member State of importation (see in particular the judgment in Case 272/80 Frans-Nederlandse Maatschappij voor Biologische Producten [1981] ECR 3277, paragraph 15). The hallmark functions as a guarantee where it is affixed by an independent body in the Member State of exportation. | 0 |
865,817 | 18 It must be held that termination of pregnancy, as lawfully practised in several Member States, is a medical activity which is normally provided for remuneration and may be carried out as part of a professional activity. In any event, the Court has already held in the judgment in Luisi and Carbone (Joined Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro [1984] ECR 377, paragraph 16) that medical activities fall within the scope of Article 60 of the Treaty. | 86 On this point it ought to be recalled, as has been stressed above at paragraph 76, that the institutions have a wide discretion when evaluating complex economic situations. This is so in particular when the period to be taken into consideration for the purposes of
determining injury in an anti-dumping proceeding is determined (see in particular the judgment in Case C-121/86 Epicheiriseon Metalleftikon Viomichanikon kai Naftiliakon AE and Others v Council [1989] ECR 3919, at paragraph 20). | 0 |
865,818 | 39. It should be borne in mind that the second paragraph of Article 1 of Regulation No 338/97 provides that that regulation is to apply in compliance with the objectives, principles and provisions of CITES. Although the Community is not a party to that convention, the Court cannot disregard those elements, in so far as they have to be taken into account in order to interpret the provisions of that regulation (see Case C-510/99 Tridon [2001] ECR I-7777, paragraph 25). | 73. In respect of the issue of the onus of proving that interference, it must be pointed out, first, that if it were a matter for the national laws of the Member States, the consequence for trade mark proprietors could be that protection would vary according to the legal system concerned. The objective of ‘the same protection under the legal systems of all the Member States’ set out in the ninth recital in the preamble to the Directive, where it is described as fundamental, would not be attained (see, on the subject of the Directive, Zino Davidoff and Levi Strauss , cited above, paragraphs 41 and 42). | 0 |
865,819 | 36
By contrast, terms ancillary to those that define the very essence of the contractual relationship cannot fall within the concept of ‘main subject matter of the contract’, within the meaning of that provision (judgments of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraph 50, and of 23 April 2015, Van Hove, C‑96/14, EU:C:2015:262, paragraph 33). | 56 Where a person seeks the status of charitable organisation, it is for the national courts to examine whether the competent authorities have observed those limits while applying Community principles, in particular the principle of equal treatment. | 0 |
865,820 | 55 To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would be to allow it to bring before the Court of Justice, whose jurisdiction in appeals is limited, a case of wider ambit than that which came before the Court of First Instance. In an appeal the jurisdiction of the Court of Justice is thus confined to review of the findings of law on the pleas argued before the Court of First Instance (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 59). | 38. As the Advocate General observes in point 63 of her Opinion, the assessment of the comparability of the services supplied hinges not only on the comparison of individual services, but on the context in which those services are supplied. | 0 |
865,821 | 43. It must be borne in mind that the prohibition on discrimination between male and female workers contained in Article 141 EC, being mandatory, not only applies to the action of public authorities but extends also to all agreements which are intended to regulate paid labour collectively (see Case 43/75 Defrenne [1976] ECR 455, paragraph 39; Kowalska , cited above, paragraph 12; and Case C-284/02 Sass [2004] ECR I‑0000, paragraph 25). | 16 The right to be consulted in accordance with a provision of the Treaty is a prerogative of the Parliament. Adopting an act on a legal basis which does not provide for such consultation is liable to infringe that prerogative, even if there has been optional consultation. | 0 |
865,822 | 40. Therefore, although the national legislature is entitled, inter alia, to confine the rights whose infringement may be relied on by an individual in legal proceedings contesting one of the decisions, acts or omissions referred to in Article 11 of Directive 2011/92 to individual public-law rights, that is to say, individual rights which, under national law, can be categorised as individual public-law rights (see, to that effect, judgment in Bund für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-Westfalen , C‑115/09, EU:C:2011:289, paragraphs 36 and 45), the provisions of that article relating to the rights to bring actions of members of the public concerned by the decisions, acts or omissions which fall within that directive’s scope cannot be interpreted restrictively. | 45. With regard to legislation such as that at issue in the main proceedings, although the national legislature is entitled to confine to individual public-law rights the rights whose infringement may be relied on by an individual in legal proceedings contesting one of the decisions, acts or omissions referred to in Article 10a of Directive 85/337, such a limitation cannot be applied as such to environmental protection organisations without disregarding the objectives of the last sentence of the third paragraph of Article 10a of Directive 85/337. | 1 |
865,823 | 31. In that regard, it is settled case-law that the risk t hat the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion within the meaning of Article 8(1)(b) of Regulation No 40/94 (see Case C-334/05 P OHIM v Shaker [2007] ECR I-4529, paragraph 33, and judgment of 20 September 2007 in Case C-193/06 P Nestlé v OHIM , paragraph 32; and, to that effect, with respect to First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), Case C-39/97 Canon [1998] ECR I-5507, paragraph 29, Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 17, and Medion , paragraph 26). | 6 Those requirements are of particular importance in the field of competition, which is characterized by complex factual and legal situations. | 0 |
865,824 | 29. The "consideration" referred to in Article 11A(1)(a) is the subjective value, that is to say, the value actually received in each specific case (Case C-288/94 Argos Distributors [1996] ECR I-5311, paragraph 16, and Case C-317/94 Elida Gibbs [1996] ECR I-5339, paragraph 27). | 42 Consequently, it would be contrary to Directive 92/83 to withhold exemption for a product which meets the conditions laid down in Article 27(1)(b) solely because it has been found that the use for which it is really intended does not correspond with the name assigned to it by the trader. Neither the use of pure alcohol nor the maximum alcohol content was considered by the Community legislature as a criterion for application of the exemption. | 0 |
865,825 | 97 In such circumstances, the applicant cannot claim that the failure to monitor that undertaking meant that the investigations were not representative (see, to that effect, Case 151/80 De Hoe v Commission [1981] ECR 3161, paragraphs 17 to 19). | 21 As regards periods of service completed after the entry into force, in this case on 1 July 1991, of rules designed to eliminate discrimination, Article 119 of the Treaty does not preclude measures which achieve equal treatment by reducing the advantages of the persons previously favoured. Article 119 merely requires that men and women should receive the same pay for the same work without imposing any specific level of pay. | 0 |
865,826 | 31. The WTO Agreement, of which the TRIPs Agreement forms part, has been signed by the Community and subsequently approved by Decision 94/800. Therefore, according to settled case-law, the provisions of that convention now form an integral part of the Community legal order (see, inter alia, Case C-344/04 IATA and ELFAA [2006] ECR I-403, paragraph 36, and Case C-459/03 Commission v Ireland ECR I-4635, paragraph 82). Within the framework of that legal order the Court has jurisdiction to give preliminary rulings concerning the interpretation of that agreement (see, inter alia, Case 181/73 Haegeman v Belgium [1974] ECR 449, paragraphs 4 to 6, and Case 12/86 Demirel [1987] ECR 3719, paragraph 7). | 22. Therefore, the answer to the first question is that Article 2(a) of Directive 95/46 is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, containing the indication, in relation to each worker, of the times when working hours begin and end, as well as the corresponding breaks and intervals, constitutes ‘personal data’, within the meaning of that provision.
The second and third questions | 0 |
865,827 | 28 In particular, reparation of that loss and damage cannot depend on a prior finding by the Court of an infringement of Community law attributable to the State (see Brasserie du Pêcheur, paragraphs 94 to 96), nor on the existence of intentional fault or negligence on the part of the organ of the State to which the infringement is attributable (see paragraphs 75 to 80 of the same judgment). | 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 |
865,828 | 34 According to settled case-law, a decision adopted by the Community institutions which has not been challenged by its addressee within the time-limit laid down by the fifth paragraph of Article 230 EC becomes definitive as against that person (see, inter alia, Commission v Belgium, cited above, paragraphs 20 to 24; Commission v Greece, cited above, paragraphs 9 and 10; TWD Textilwerke Deggendorf, paragraph 13, and Case C-239/99 Nachi Europe [2001] ECR I-1197, paragraph 29). Such a rule is based in particular on the consideration that the periods within which legal proceedings must be brought are intended to ensure legal certainty by preventing Community measures which produce legal effects from being called in question indefinitely (Wiljo, paragraph 19). | 31. En revanche, une taxe dont le fait générateur n’est pas lié à la procédure d’autorisation générale permettant d’accéder au marché des services de communications électroniques, mais est lié à l’activité de l’opérateur consistant à fournir des services de communications électroniques aux usagers finals en France, ne relève pas du champ d’application de l’article 12 de la directive «autorisation». | 0 |
865,829 | 35. However, that interpretation rests on the link of functional equivalence which exists between the criteria set out in Article 8(1) of Directive 91/414 as transitional measures and those laid down in Article 4 of that directive ( Hogan Lovells International , paragraphs 33 to 46). There is no such link of functional equivalence between the criteria laid down in Article 8(4) of Directive 91/414 and those in Article 4 thereof. | 57. According to its settled case-law, it is not for the Court of Justice, when ruling on points of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the General Court exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of EU law (see, to that effect, Case C‑310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I‑865, paragraph 34; Case C‑248/98 P KNP BT v Commission [2000] ECR I‑9641, paragraph 54; and Case C‑328/05 P SGL Carbon v Commission [2007] ECR I‑3921, paragraph 98). Accordingly, only inasmuch as the Court of Justice considers that the level of the penalty is not merely inappropriate, but also excessive to the point of being disproportionate, would it have to find that the General Court erred in law, on account of the inappropriateness of the amount of a fine (Case C‑89/11 P E.ON Energie v Commission [2012] ECR I‑0000, paragraph 126). | 0 |
865,830 | 75. In that context, although it is for the national court to define the market for the services at issue, it should nevertheless be recalled that, according to the Court's case-law, in order for a market to be held to be sufficiently homogeneous and distinct from others, the service must be able to be distinguished from other services by virtue of specific characteristics as a result of which it is scarcely interchangeable with those alternatives as far as the consumer is concerned and is affected only to an insignificant degree by competition from them (see, to that effect, Case 27/76 United Brands v Commission [1978] ECR 207, paragraphs 11 and 12, and Case 66/86 Ahmed Saeed Flugreisen and Others v Zentrale zur Bekämpfung unlauteren Wettbewerbs [1989] ECR 803, paragraph 40). In that regard, the examination cannot be limited to the objective characteristics of the relevant services but must include the competitive conditions and the structure of supply and demand on the market (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 37). | 82. The Court has consistently held that the requirement for producers to use designations which are unknown to or less highly regarded by consumers is likely to make the marketing of the products in question more difficult and thus impede trade between Member States (see, to that effect, Miro , paragraph 22; Smanor , paragraphs 12 and 13; and Guimont , paragraph 26). | 0 |
865,831 | 49 The Court has also held that even where a directive does not lay down any Community procedure for monitoring compliance or any penalties in the event of breach of its provisions, a Member State may not unilaterally adopt, on its own authority, corrective or protective measures designed to obviate any breach by another Member State of rules of Community law (Hedley Lomas, paragraphs 19 and 20). | 23 As regards the latter point, however, since the national court has merely added to the reference to Articles 30, 36, 59 and 60 of the Treaty in its third question the words `or any other article of the ... Treaty', without providing any further details in that regard, either in the reasoning or in the operative part of its order, the Court is unable to rule on the question whether any provisions of the Treaty other than those relating to the free movement of goods and services preclude national legislation of the type at issue in the main proceedings. | 0 |
865,832 | 73. According to the same case-law, Article 8(5) of Regulation No 40/94, like Article 8(1)(b), is manifestly inapplicable where the General Court rules out any similarity between the marks at issue. It is only if there is some similarity, even faint, between the marks at issue that the General Court must carry out an overall assessment in order to ascertain whether, notwithstanding the low degree of similarity between them, there is, on account of the presence of other relevant factors such as the reputation or recognition enjoyed by the earlier mark, a likelihood of confusion or a link made between those marks by the relevant public ( Ferrero v OHIM , EU:C:2011:177, paragraph 66). | 42. First, as is stated in paragraphs 33 to 39 of this judgment, only periods of residence which satisfy the conditions laid down by Directive 2004/38 may be taken into consideration for the purposes of the acquisition by the family members of a Union citizen who are not nationals of a Member State of a right of permanent residence under that directive. | 0 |
865,833 | 41
Any provision of a national legal system and any legislative, administrative or judicial practice that might impair the effectiveness of EU law by withholding from the national court with jurisdiction to apply such law the power to do everything necessary at the moment of its application to set aside national legislative provisions that might prevent EU rules from having full force and effect are incompatible with those requirements, which are the very essence of EU law (see judgments in Simmenthal, 106/77, EU:C:1978:49, paragraph 22, and A, C‑112/13, EU:C:2014:2195, paragraph 37 and the case-law cited). | 25. In those circumstances, that descendant cannot be required, in addition, to establish that he has tried without success to find work or obtain subsistence support from the authorities of his country of origin and/or otherwise tried to support himself. | 0 |
865,834 | 15. It is apparent from the Court’s case-law that freedom of establishment is hindered if, under a Member State’s legislation, a resident company having a subsidiary or a permanent establishment in another Member State suffers a disadvantageous difference in treatment for tax purposes compared with a resident company having a permanent establishment or a subsidiary in the first Member State (see judgment in Nordea Bank Danmark , C‑48/13, EU:C:2014:2087, paragraph 19 and the case-law cited). | 62 However, it must first be pointed out that the Court has made clear that the circumstances in which the requirement under Article 3(3) of the Directive may be regarded as satisfied cannot be shown to exist solely by reference to general, abstract data, such as predetermined percentages (Windsurfing Chiemsee, paragraph 52). | 0 |
865,835 | 19. However, it is not for the Court, in the context of a reference for a preliminary ruling, to give a ruling on the interpretation of provisions of national law or to decide whether the interpretation given by the national court of those provisions is correct (see, to that effect, Case C‑58/98 Corsten [2000] ECR I-7919, paragraph 24). The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (see Case C‑475/99 Ambulanz Glöckner [2001] ECR I‑8089, paragraph 10; Case C‑136/03 Dörr and Ünal [2005] ECR I‑4759, paragraph 46; and Case C‑419/04 Conseil général de la Vienne [2006] ECR I-5645, paragraph 24). | 13 In that respect it should be borne in mind, first, that the Directive is designed to protect commercial agents, within the meaning of the Directive. According to Article 1(2), a commercial agent is `a self-employed intermediary who has continuing authority to negotiate the sale or the purchase of goods on behalf of another person ... or to negotiate and conclude such transactions on behalf of and in the name of that principal'. Since entry in a register is not referred to as a condition for protection under the Directive, it follows that protection under the Directive is not conditional upon entry in a register. | 0 |
865,836 | 41
In the alternative, the Council, supported by the Commission, refers to Opinion 2/00 (Cartagena Protocol on Biosafety) of 6 December 2001 (EU:C:2001:664, paragraphs 44 to 47), and to the judgments of 7 October 2004, Commission v France, (C‑239/03, EU:C:2004:598, paragraph 30), and of 30 May 2006, Commission v Ireland (C‑459/03, EU:C:2006:345, paragraph 95), and considers that the European Union has the competence to adopt such a position, in accordance with Article 218(9) TFEU, by virtue of a competence that it shares with the Member States, even in the absence of EU rules in the area of private law concerning contracts of carriage. According to those institutions, the action of the Union externally is not, contrary to what is maintained by the Federal Republic of Germany, limited to areas which are already the subject of EU common rules, but also extends to areas which are not yet, or are only partly, covered by legislation at EU level, which, as a result, is not liable to be affected. In the latter case also, the Union has the competence to adopt a decision, under Article 218(9) TFEU, acting by virtue of a shared external competence, that competence being limited, in accordance with Protocol No (25) on the exercise of shared competences, annexed to the EU and FEU Treaties, to the specific elements governed by the Union decision in question. | 29. Il convient de constater que, dans un tel contexte, l’intervention du Roi dans la détermination d’éléments importants pour la fixation des tarifs, tels que la marge bénéficiaire, soustrait à la CREG les compétences de réglementation qui, en vertu de l’article 23, paragraphe 2, sous a), de la directive, devraient lui revenir. | 0 |
865,837 | 25. In that regard, the Court has already ruled that it is apparent both from the wording of Directive 1999/70 and of the framework agreement, as well as from their background and purpose, that the provisions laid down can apply also to fixed-term employment contracts and relationships concluded with the public authorities and other public-sector bodies (Case C-212/04 Adeneler and Others [2006] ECR I-6057, paragraphs 54 to 57; Case C-53/04 Marrosu and Sardino [2006] ECR I-7213, paragraphs 40 to 43, and Case C-180/04 Vassallo [2006] ECR I-7251, paragraphs 32 to 35). | 41. To that end, it is for the national court seised to determine whether it has jurisdiction in the light of the evidence submitted to it. | 0 |
865,838 | 49. L’imposition d’une somme forfaitaire doit, dans chaque cas d’espèce, demeurer fonction de l’ensemble des éléments pertinents ayant trait tant aux caractéristiques du manquement constaté qu’à l’attitude propre à l’État membre concerné par la procédure initiée sur le fondement de l’article 260 TFUE. À cet égard, celui-ci investit la Cour d’un large pouvoir d’appréciation afin de décider de l’imposition ou non d’une telle sanction et de déterminer, le cas échéant, son montant (arrêt Commission/Espagne, C‑184/11, EU:C:2014:316, point 60 et jurisprudence citée). | 60. The imposition of a lump sum payment must depend in each individual case on all the relevant factors relating both to the characteristics of the infringement established and to the conduct of the Member State involved in the procedure initiated under Article 260 TFEU. In that respect, that provision confers a wide discretion on the Court in deciding whether or not to impose such a penalty (see, to that effect, Commission v Spain EU:C:2012:781, paragraph 141, and Commission v Luxembourg EU:C:2013:773, paragraphs 58 and 59). | 1 |
865,839 | 16. Furthermore, as regards possible linguistic divergences, the Court has already held, firstly, that the need for a uniform interpretation of Community law means that a particular provision should not be considered in isolation but in cases of doubt should be interpreted and applied in the light of the other language versions and, secondly, that the different language versions of a Community text must be given a uniform interpretation and hence, in the case of divergence between the language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part (see, to that effect, Case C‑372/88 Cricket St Thomas [1990] ECR I-1345, paragraph 19, and Case C‑174/05 Zuid-Hollandse Milieufederatie and Natuur en Milieu [2006] ECR I-2443, paragraph 20 and the case-law cited). | 20. In this respect, firstly, according to settled case-law, where a provision of Community law is open to several interpretations, preference must be given to that interpretation which ensures that the provision retains its effectiveness (see Case 187/87 Saarland and Others [1988] ECR 5013, paragraph 19, and Case C-403/99 Italy v Commission [2001] ECR I-6883, paragraph 28) and which does not detract from its validity (see Italy v Commission , paragraph 37). Secondly, the need for a uniform interpretation of Community law makes it impossible for the text of a provision to be considered, in case of doubt, in isolation; on the contrary, it requires that it be interpreted in the light of the versions existing in the other official languages (see Case 9/79 Koschniske [1979] ECR 2717, paragraph 6, and Case C-296/95 EMU Tabac and Others [1998] ECR I-1605, paragraph 36). | 1 |
865,840 | 23. It appears from both the case-file and the observations submitted to the Court that a person in Ms Weide’s situation is, pursuant to Article 73 of Regulation No 1408/71, entitled to the child-raising allowance provided for by the 1988 Law because of her status as a person employed in Luxembourg, a status which remains for as long as that person is covered by a general or special social security scheme in Luxembourg (see, to that effect, Case C-543/03 Dodl and Oberhollenzer [2005] ECR I‑0000, paragraph 30), and at the same time fulfils the conditions for receiving the child-raising allowance under the legislation of the Member State of residence, namely the Federal Republic of Germany, which makes entitlement to such an allowance subject not to the prior carrying on of an occupation but rather to residence in Germany. | 34. Finally, it cannot be argued that the harmonisation introduced by the UCITS Directive does not extend to closed-ended funds. In that connection, it must be observed that, as the Commission points out, closed-ended funds are not excluded definitively from the coordinating measures laid down by that directive. It is apparent from the sixth recital of the preamble to the directive that those funds are merely temporarily excluded from the coordinating measures laid down in the directive. Thus it is not ruled out that closed-ended funds might be harmonised at a later stage. | 0 |
865,841 | 17 It must be borne in mind in this connection that, according to settled case-law, a retirement pension paid under an occupational scheme set up under a collective agreement constitutes consideration paid by the employer to the employee in respect of his employment and consequently falls within the scope of Article 119 of the Treaty, whether it replaces a statutory scheme or is supplementary to it (see, in particular, Case 170/84 Bilka [1986] ECR 1607, paragraphs 20 and 22; Case C-262/88 Barber [1990] ECR I-1889, paragraph 28; and Case C-110/91 Moroni [1993] ECR I-6591, paragraph 15). | 61. It can be seen from recitals 4 to 8 and 10 in the preamble to Directive 2003/54 and recitals 4 and 6 to 10 in the preamble to Directive 2003/55 that those directives sought, inter alia, to establish an open and transparent market, non‑discriminatory and transparent access to the network of the distribution system operator, and a level playing field. | 0 |
865,842 | 18. On the other hand, national rules relating to the tax treatment of dividends coming from a non-member country which do not apply exclusively to situations in which the parent company exerts decisive influence over the company paying the dividends must be assessed in the light of A rticle 56 EC. A company resident in a Member State may therefore rely on that provision in order to call into question the legality of such rules, irrespective of the size of its shareholding in the company paying dividends established in a non-member country ( Test Claimants in the FII Group Litigation , paragraph 99, and Case C‑168/11 Beker [2013] ECR I‑0000, paragraph 30). | 26 As has been observed above, the purpose of Decision No 3/80 is to coordinate the Member States' social security schemes with a view to enabling Turkish workers employed or formerly employed in the Community, members of their families and their survivors to qualify for benefits in the traditional branches of social security. | 0 |
865,843 | 56. According to settled case-law of the Court, the right to deduct is a fundamental principle of the common system of VAT, which in principle may not be limited, and is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, to that effect, inter alia, judgments in Gabalfrisa and Others , C‑110/98 to C‑147/98, EU:C:2000:145, paragraph 43, and in Idexx Laboratories Italia , C‑590/13, EU:C:2014:2429, paragraphs 30 and 31). | 31 Whilst a recital in the preamble to a regulation may cast light on the interpretation to be given to a legal rule, it cannot in itself constitute such a rule . Moreover, the recital in question does not appear in any of the other language versions of Regulation No 1500/76 . | 0 |
865,844 | 36. According to the case-file submitted to the Court, the amount of the tax on gifts of immovable property in Germany is calculated pursuant to the ErbStG on the basis both of the value of the property and of the family relationship, if any, between the donor and the donee. Neither of those criteria depends on the place of residence of the donor or the donee. Consequently, as regards the amount of gift tax payable in respect of immovable property in Germany which is the subject of a gift, there cannot be any objective difference justifying the unequal tax treatment of the situation in which neither person resides in that Member State and that in which at least one of them resides there. Ms Mattner’s situation is therefore comparable to that of any donee who acquires immovable property in Germany by gift from a person resident in Germany with whom there is a family link, and also to that of a donee residing in Germany who makes that acquisition from such a person who is not resident there (see, to that effect, Jäger , paragraph 44; Eckelkamp and Others , paragraph 61; and Arens-Sikken , paragraph 55). | 101. S’agissant de l’argument tiré par la République de Pologne de ce que, par la réglementation nationale en cause, elle a procédé à une mise en œuvre correcte de la directive 2009/41, il suffit de rappeler qu’il est de juris prudence constante que les dispositions d’une directive doivent être mises en œuvre avec une force contraignante incontestable, avec la spécificité, la précision et la clarté requises, afin que soit satisfaite l’exigence de sécurité juridique (voir, notamment, arrêts Commission/Irlande, précité, point 46, ainsi que du 27 octobre 2011, Commission/Pologne, C‑362/10, point 46 et jurisprudence citée). | 0 |
865,845 | 20. The objective of Regulation No 1408/71, as stated in the second and fourth recitals in the preamble, is to ensure free movement of employed and self-employed persons within the European Community, while respecting the special characteristics of national social security legislation. To that end, as is clear from the 5th, 6th and 10th recitals, that regulation upholds the principle of equality of treatment of workers under the various national legislation and seeks to guarantee the equality of treatment of all workers occupied on the territory of a Member State as effectively as possible and not to penalise workers who exercise their right to free movement. The system put in place by Regulation No 1408/71 is merely a system of coordination, concerning inter alia the determination of the legislation applicable to employed and self-employed workers who make use, under various circumstances, of their right to freedom of movement (Case C‑493/04 Piatkowski [2006] ECR I‑0000, paragraphs 19 and 20). | 57 As regards the professional experience of the trader, it is necessary to examine whether or not he is a trader whose business activities consist mainly in import and export transactions and whether he had already gained some experience in the conduct of such transactions. | 0 |
865,846 | 66. La Commission propose l’imposition tant d’une astreinte que d’une somme forfaitaire pour les mêmes raisons que celles exposées dans l’arrêt Commission/Italie (C‑496/09, EU:C:2011:740, points 42 à 45 et 82 à 92). | 28. That interpretation is borne out by the objectives pursued by Regulation No 1254/1999. In fact, as recital 13 in the preamble thereto shows, one of the aims of that regulation is to halt the trend towards intensification of beef and veal production, whereby producers carry ever-increasing numbers of bovine animals on their holdings without increasing the area of the latter so that it is insufficient to feed the animals. | 0 |
865,847 | 46
Thus, in accordance with Articles 12 and 13 of the Universal Service Directive, in order to determine the amount of any compensation due to an undertaking designated to provide a universal service, it is necessary, as a first step, to calculate the net cost of the universal service obligation to the undertaking designated as the provider and, next, where national regulatory authorities find that an undertaking is subject to an unfair burden, those authorities must decide to introduce a mechanism to compensate that undertaking for the determined net costs, transparently and from public funds, and/or to share the net cost of universal service obligations between providers of electronic communications networks and services (see judgment of 6 October 2015, T-Mobile Czech Republic and Vodafone Czech Republic , C‑508/14, EU:C:2015:657, paragraph 33). | 50
As the Advocate General stated in point 72 of her Opinion, those procedures must, in particular, be carried out in compliance with a series of specified time limits. | 0 |
865,848 | 57. Article 49 TFEU requires the abolition of restrictions on the freedom of establishment. Therefore, even though, according to their wording, the Treaty provisions on freedom of establishment are aimed at ensuring that foreign nationals are treated in the host Member State in the same way as nationals of that State, they also prohibit the Member State of origin from hindering the establishment in another Member State of one of its nationals or of a company incorporated under its legislation (see Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 31, and Case C‑371/10 National Grid Indus [2011] ECR I‑12273, paragraph 35). | 78. It is for the national court to assess whether there has been a transfer of all, or a significant share, of the risk faced by the contracting authority. | 0 |
865,849 | 53. Those guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it (see, in that regard, Dorsch Consult , paragraph 36; Köllensperger and Atzwanger , paragraphs 20 to 23; and De Coster , paragraphs 18 to 21; see also, to that effect, Eur Court HR De Cubber v. Belgium , judgment of 26 October 1984, Series A No 86, § 24). | 22 On this point, it must be observed, first, that Paragraph 5(2) of the TVergG expressly states that, unless otherwise provided, the Allgemeines Verwaltungsverfahrensgesetz (General Law on Administrative Procedure) 1991 is to apply to review procedures concerning awards of contracts. That Law contains very specific provisions on the circumstances in which members of the body in question must withdraw. Moreover, according to the case-law of the Verfassungsgerichtshof, failure to comply with that obligation constitutes a procedural defect which may be challenged by the parties concerned. | 1 |
865,850 | 25. In that regard, it must be recalled 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‑414/07 Magoora [2008] ECR I‑0000, paragraph 22). | 39. Certes, afin de respecter le principe d’effectivité, l’organisation des voies de recours internes et le nombre de degrés de juridiction ne doivent pas rendre impossible ou excessivement difficile l’exercice des droits que les justiciables tirent du droit de l’Union. | 0 |
865,851 | 18. As regards the national rules relating to the determination of an individual’s standing and legal interest in bringing proceedings, the Court has held that Community law requires that such rules do not undermine the right to effective judicial protection when exercising the rights conferred by Community law (judgments in Joined Cases C-87/90 to C-89/90 Verholen and Others [1991] ECR I-3757, paragraph 24, and Case C-13/01 Safalero [2003] ECR I-8679, paragraph 50). | 8 CONSEQUENTLY THE AID CANNOT BE CONSIDERED SEPARATELY FROM THE EFFECTS OF ITS METHOD OF FINANCING . | 0 |
865,852 | 27. In this connection, it is apparent from the Court’s case-law that, in the absence of any specific provision in the VAT Directive as to the evidence that taxable persons are required to provide in order to be granted the exemption from VAT, it is for the Member States to lay down, in accordance with Article 131 of that directive, the conditions in which intra-Community supplies of goods will be exempt, with a view to ensuring the correct and straightforward application of those exemptions and of preventing any possible evasion, avoidance or abuse. However, when they exercise their powers, Member States must observe the general principles of law which form part of the European Union legal order, which include, in particular, the principles of legal certainty and proportionality (judgment in Mecsek-Gabona , EU:C:2012:547, paragraph 36 and the case-law cited). | 11. Il convient de relever, à cet égard, que 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 ainsi être pris en compte par la Cour (voir, notamment, arrêts du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 2 juillet 2009, Commission/Luxembourg, C‑567/08, point 9). | 0 |
865,853 | 34. In the light of the general objective pursued by Decision No 1/80, which is, unlike that of a cooperation agreement such as the agreement concluded between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 27 April 1976 and approved on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978 (OJ 1978 L 264, p. 1), to improve, in the social field, the treatment accorded to Turkish workers and members of their families with a view to achieving gradually freedom of movement (see, inter alia, Case C‑179/98 Mesbah [1999] ECR I‑7955, paragraph 36, and Case C‑329/97 Ergat [2000] ECR I‑1487, paragraph 43), the system put in place by, in particular, the first paragraph of Article 7 of that decision is thus intended to create conditions which will promote family reunification in the host Member State (see Pehlivan , paragraph 45). | 35. S’agissant de l’argumentation de la République hellénique tirée des difficultés auxquelles elle aurait été confrontée pour mettre les équipements des agglomérations en cause en conformité avec ladite directive, il convient de relever que, un État membre ne pouvant exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations résultant du droit de l’Union, une telle argumentation ne saurait prospérer (voir, en ce sens, arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 29). | 0 |
865,854 | 59. As Mrs Watts, the French and Belgian Governments and the Commission pointed out in their written observations, the Court gave an interpretation in paragraphs 45 and 46 of the judgment in Inizan of the time referred to in the second subparagraph of Article 22(2) of Regulation No 1408/71, adopting the interpretation it had given for the term ‘undue delay’ in Smits and Peerbooms (paragraphs 103 and 104) and Müller-Fauré and van Riet (paragraphs 89 and 90) concerning the assessment of the compatibility with Article 49 EC of a national provision making the assumption of the cost of hospital treatment planned in another Member State subject to a requirement that that treatment be necessary. | 19
It is apparent from the very wording of that provision that, to be categorised as ‘novel’ within the meaning of Regulation No 258/97, foods or food ingredients must satisfy two cumulative conditions. | 0 |
865,855 | 35 Only in that way, moreover, is it possible to realise the objective, in the first subparagraph of Article 3(1) of the directive, of maintaining or restoring the natural habitat types and the species' habitats concerned at a favourable conservation status in their natural range, which may lie across one or more frontiers inside the Community. It follows from Article 1(e) and (i) of the directive, read in conjunction with Article 2(1) thereof, that the favourable conservation status of a natural habitat or a species must be assessed in relation to the entire European territory of the Member States to which the Treaty applies (First Corporate Shipping, cited above, paragraph 23). | 23 Only in that way is it possible to realise the objective, in the first subparagraph of Article 3(1) of the Habitats Directive, of maintaining or restoring the natural habitat types and the species' habitats concerned at a favourable conservation status in their natural range, which may lie across one or more frontiers inside the Community. It follows from Article 1(e) and (i), read in conjunction with Article 2(1), of the directive that the favourable conservation status of a natural habitat or a species must be assessed in relation to the entire European territory of the Member States to which the Treaty applies. Having regard to the fact that, when a Member State draws up the national list of sites, it is not in a position to have precise detailed knowledge of the situation of habitats in the other Member States, it cannot of its own accord, whether because of economic, social or cultural requirements or because of regional or local characteristics, delete sites which at national level have an ecological interest relevant from the point of view of the objective of conservation without jeopardising the realisation of that objective at Community level. | 1 |
865,856 | 34. According to the Court’s settled case-law, where they adopt measures which fall within the scope of Directive 2000/78, which gives specific expression, in the domain of employment and occupation, to the principle of non-discrimination on grounds of age, the social partners must respect the directive (Case C-447/09 Prigge and Others [2011] ECR I-8003, paragraph 48, and Case C-132/11 Tyrolean Airways Tiroler Luftfahrt [2012] ECR, paragraph 22). | 8 IT IS THEREFORE NECESSARY TO REPLY TO THE QUESTION PUT BY THE BUNDESGERICHTSHOF THAT THE PLAINTIFF MAY INVOKE THE JURISDICTION OF THE COURTS OF THE PLACE OF PERFORMANCE IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS EVEN WHEN THE EXISTENCE OF THE CONTRACT ON WHICH THE CLAIM IS BASED IS IN DISPUTE BETWEEN THE PARTIES .
| 0 |
865,857 | 31. Even though, according to their wording, the provisions concerning freedom of establishment are directed to ensuring that foreign nationals and companies are treated in the host Member State in the same way as nationals of that State, they also prohibit the Member State of origin from hindering the establishment in another Member State of one of its nationals or of a company incorporated under its legislation (see, in particular, ICI , cited above, paragraph 21). | 46. En revanche, il est notoire que, dans l’Union, l’espèce chevaline se trouve dans une situation différente de celle des espèces citées au point précédent. En effet, ainsi que l’a souligné la Commission, les chevaux ne sont pas, à titre habituel et de manière générale, destinés à être utilisés dans la préparation des denrées alimentaires, même si certains d’entre eux serviront effectivement pour la consommation humaine ou animale. | 0 |
865,858 | 55 It should be recalled that, in the context of Article 48 of the Treaty and Regulation No 1612/68, a person who, for a certain period of time, performs services for and under the direction of another person in return for which he receives remuneration must be considered to be a worker. Once the employment relationship has ended, the person concerned as a rule loses his status of worker, although that status may produce certain effects after the relationship has ended, and a person who is genuinely seeking work must also be classified as a worker (see, to that effect, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraph 17, Case 39/86 Lair [1988] ECR 3161, paragraphs 31 to 36, and Case C-85/96 Martínez Sala [1998] ECR I-2691, paragraph 32). | 37. In this respect, it should be observed that, as regards in particular the Internet, the Court has already had occasion to state that the operation of loading personal data on an Internet page must be considered to be ‘processing’ within the meaning of Article 2(b) of Directive 95/46 (judgments in Lindqvist , C‑101/01, EU:C:2003:596, paragraph 25, and Google Spain and Google , C‑131/12, EU:C:2014:317, paragraph 26). | 0 |
865,859 | 45
As regards that development, it should be borne in mind that the EU legislature did not confine itself, in that regulation, to introducing organisational rules governing relations between Member States for the purpose of determining the Member State responsible, but decided to involve asylum seekers in that process by obliging Member States to inform them of the criteria for determining responsibility and to provide them with an opportunity to submit information relevant to the correct interpretation of those criteria, and by conferring on asylum seekers the right to an effective remedy in respect of any transfer decision that may be taken at the conclusion of that process (see, to that effect, judgment of 7 June 2016, Ghezelbash, C‑63/15, EU:C:2016:409, paragraphs 47 to 51). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,860 | 34. As regards the first question, the purpose of Article 2(a) of the Directive is to define the types of signs of which a trade mark may consist. That provision states that a trade mark may consist of " particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging ..." . Admittedly, that provision mentions only signs which are capable of being perceived visually, are two-dimensional or three-dimensional and can thus be represented by means of letters or written characters or by a picture ( Sieckmann , cited above, paragraph 43). | 36. In this case, apart from the fact that tax on the income of physical persons and corporation tax are two distinct taxes which affect different taxpayers (Case C‑251/98 Baars [2000] ECR I-2787, paragraph 40; Verkooijen , paragraphs 57 and 58; Case C-168/01 Bosal [2003] ECR I-0000, paragraph 30), it should be noted that the Austrian tax legislation does not make the obtaining of the tax advantages at issue enjoyed by Austrian residents on their domestic revenue from capital dependent upon the taxation of the companies’ profits by way of corporation tax. | 0 |
865,861 | 34. National provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute restrictions on that freedom even if they apply without regard to the nationality of the workers concerned (see, in particular, Bosman , paragraph 96; Kranemann , paragraph 26; and ITC , paragraph 33). | 43. Enfin, s’agissant du reproche de la République italienne adressé à la Commission, consistant à soutenir que le présent recours ne constitue qu’un procès d’intention puisque cet État membre a adopté les mesures nécessaires pour mettre un terme au manquement invoqué, il y a lieu de rappeler qu’il appartient à la Commission, dans le cadre de l’accomplissement de la mission qui lui est dévolue par l’article 258 TFUE, de veiller à l’application des dispositions du traité et de vérifier si les États membres ont agi en conformité avec ces dispositions. Si elle considère qu’un État membre a manqué à ces dernières, il lui incombe d’apprécier l’opportunité d’agir contre cet État, de déterminer les dispositions qu’il a violées et de choisir le moment où elle initiera la procédure en manquement contre cet État. Lorsque la Commission apprécie seule l’opportunité de l’introduction et du maintien d’un recours en manquement, la Cour est tenue d’examiner si le manquement reproché existe ou non, sans qu’il lui appartienne de se prononcer sur l’exercice par la Commission de son pouvoir d’appréciation (voir, en ce sens, arrêts Commission/Luxembourg, C‑33/04, EU:C:2005:750, points 66 et 67, ainsi que Commission/Italie, EU:C:2010:115, point 87). | 0 |
865,862 | 82. As regards the derogations permitted under Article 58 EC, it cannot be denied that the objective invoked by the Portuguese Republic of safeguarding a secure energy supply in that Member State in case of crisis, war or terrorism may constitute a ground of public security (see judgment of 14 February 2008 in Case C‑274/06 Commission v Spain , paragraph 38; Case C‑171/08 Commission v Portugal , paragraph 72; and Case C‑543/08 Commission v Portugal , paragraph 84) and may possibly justify an obstacle to the free movement of capital. The importance attached by Member States and the European Union to the protection of a secure energy supply can, moreover, be seen, for example, with regard to oil, in Directive 2006/67 and, with regard to the natural gas sector, in Directive 2003/55. | 48. In such circumstances, it is settled case-law that the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages (judgment in Ivansson and Others , C‑307/13, EU:C:2014:2058, paragraph 40 and the case-law cited). | 0 |
865,863 | 46. As the Court has already held, overriding reasons in the public interest capable of justifying a restriction on the exercise of freedom of movement guaranteed by the Treaty include both the need to guarantee the effectiveness of fiscal supervision (see, to that effect, judgments in C‑101/05 A , EU:C:2007:804, paragraph 55; C‑155/08 and C‑157/08 X-van Schoot and Passenheim , EU:C:2009:368, paragraph 55; C‑262/09 Meilicke , EU:C:2011:438, paragraph 41, and C‑318/10 SIAT , EU:C:2012:415, paragraph 36) and the need to ensure effective collection of tax (see, to that effect, judgments in C‑269/09 Commission v Spain EU:C:2012:439, paragraph 64; C‑498/10 X , EU:C:2012:635, paragraph 39, and C‑53/13 and C‑80/13 Strojírny Prostějov et ACO Industries Tábor , EU:C:2014:2011, paragraph 46). | 12 IT IS THUS CLEAR FROM THE VERY WORDS OF ARTICLE 4*(1 ) THAT INCREASES ARE PROHIBITED IF THEY ARE DIRECTLY OR INDIRECTLY BASED ON THE SEX OF THE BENEFICIARY . | 0 |
865,864 | 27. Moreover, the Court has also held, in relation to Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), which provision corresponds, in essence, to the second subparagraph of Article 15(1)(a) of Regulation No 207/2009, that the proprietor of a registered trade mark is not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it is used in a form which differs from the form in which it was registered, without the differences between the two altering the distinctive character of that trade mark, even though that different form is itself registered as a trade mark (Case C‑553/11 Rintisch [2012] ECR I‑0000, paragraph 30). | 26. According to the case-law, an appeal lies on points of law only. The General Court has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts or evidence are distorted, constitute points of law open, as such, to review by the Court of Justice on appeal (see judgment in Viega v Commission , C‑276/11 P, EU:C:2013:163, paragraphs 28 and 29). | 0 |
865,865 | 15 As the Court has consistently held, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-289/94 Commission v Italy [1996] ECR I-4405, paragraph 20, and Case C-302/95 Commission v Italy [1996] ECR I-6765, paragraph 13). | 27 Greece maintains that the complaints of which at least the gist is not set out in the application are inadmissible . | 0 |
865,866 | 33
A request for clarification cannot, however, make up for the lack of a document or information whose production was required by the contract documents, the contracting authority being required to comply strictly with the criteria which it has itself laid down (see, to that effect, judgment of 10 October 2013, Manova, C‑336/12, EU:C:2013:647, paragraph 40). | 65THE DOMINANT POSITION REFERRED TO IN THIS ARTICLE RELATES TO A POSITION OF ECONOMIC STRENGTH ENJOYED BY AN UNDERTAKING WHICH ENABLES IT TO PREVENT EFFECTIVE COMPETITION BEING MAINTAINED ON THE RELEVANT MARKET BY GIVING IT THE POWER TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS , CUSTOMERS AND ULTIMATELY OF ITS CONSUMERS .
| 0 |
865,867 | 39. In that regard, whilst it is true that, according to the introductory words of Article 13A(1) of the Sixth Directive, Member States must lay down the conditions for exemptions in such a way as to ensure the correct and straightforward application of those exemptions and to prevent any possible evasion, avoidance or abuse, those conditions cannot affect the substantive definition of the exemptions (see, inter alia, Case 8/81 Becker [1982] ECR 53, paragraph 32; Kingscrest Associates and Montecello , paragraph 24, and Case C‑401/05 VDP Dental Laboratory [2006] ECR I‑12121, paragraph 26). | 53. Such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (see Les Éditions Albert René v OHIM , paragraph 69; Calvin Klein Trademark Trust v OHIM , paragraph 50; and LG Electronics v OHIM , paragraph 37). | 0 |
865,868 | 31. The Court has also held that, in the context of an action brought under Article 226 EC, the reasoned opinion and the action must set out the Commission’s complaints coherently and precisely in order that the Member State and the Court may appreciate exactly the scope of the infringement of Community law complained of, a condition which is necessary in order to enable the Member State to avail itself of its right to defend itself and the Court to determine whether there is a breach of obligations as alleged (see, in particular, Case C-98/04 Commission v United Kingdom [2006] ECR I-4003, paragraph 18). | 48. In that regard, it should be borne in mind that, where an abusive practice has been found to exist, the transactions involved in it must be redefined so as to re-establish the situation that would have prevailed in the absence of the transactions constituting that abusive practice (see Halifax and Others , paragraphs 94 and 98). | 0 |
865,869 | 42. Under those circumstances, it must be held that the legislature expressly and specifically made entitlement to the exemption subject to the issue of such an authorisation. Applying Article 212a of the Customs Code to a case such as that in the main proceedings by considering that the mere fact that the importer has complied with the quantitative limit laid down in Article 14(c) of the Exempting Regulation is sufficient to conclude that ‘the other conditions for the application’ have been satisfied renders nugatory the condition requiring a prior authorisation. Since that article lays down an exemption from anti-dumping duty and must therefore be interpreted strictly (see, by analogy, Case C‑48/98 Söhl & Söhlke [1999] ECR I‑7877, paragraph 52), account must be taken of that condition for the purposes of interpreting Article 212a of the Customs Code. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,870 | 53. However, in the context of an interpretation of Article 56 TFEU, the Court has held, as regards the question whether the earlier version of the second indent of the first paragraph of Article 13 of the Law of 30 March 1995 is necessary in order to attain the aim pursued, that, while the maintenance of pluralism, through a cultural policy, is connected with the fundamental right of freedom of expression and accordingly, that the national authorities have a wide margin of discretion in that regard, the requirements imposed under measures designed to implement such a policy must in no case be disproportionate in relation to that aim and the manner in which they are applied must not bring about discrimination against nationals of other Member States ( United Pan-Europe Communications Belgium and Others , paragraph 44). Accordingly, ‘must-carry’ status must be strictly limited to those channels having an overall content which is capable of attaining the general interest objective pursued (see, to that effect, United Pan-Europe Communications Belgium and Others , paragraph 47 and Case C-336/07 Kabel Deutschland Vertieb und Service [2008] ECR I-10889, paragraph 42). | 32. Enfin, il convient de rappeler que, dans le système établi par l’article 258 TFUE, la Commission dispose d’un pouvoir discrétionnaire pour intenter un recours en manquement et qu’il n’appartient pas à la Cour d’apprécier l’opportunité de son exercice (voir, notamment, arrêts du 6 juillet 2000, Commission/Belgique, C‑236/99, Rec. p. I‑5657, point 28, et du 14 mai 2002, Commission/Allemagne, C‑383/00, Rec. p. I‑4219, point 19). | 0 |
865,871 | 29. It follows that questions concerning European Union law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of European Union law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36, and Case C‑509/10 Geistbeck [2012] ECR I‑0000, paragraph 48). | 46. Specifically, Article 6(1)(b) of the Directive seeks to ensure that all economic operators have the opportunity to use descriptive indications. As noted by the Advocate General in points 75 and 78 of his Opinion, that provision therefore gives expression to the requirement of availability. | 0 |
865,872 | 15. It is only during the phase in which rights are acquired on an incremental basis in accordance with the length of the paid legal employment as set out in the three indents of Article 6(1) of Decision No 1/80 and, therefore, only for the purpose of calculating the various periods of employment necessary for that purpose, that Article 6(2) lays down the effects on those periods of the various causes of interruption of employment (see, to that effect, Case C-434/93 Bozkurt [1995] ECR I‑1475, paragraph 38; Tetik , paragraphs 36 to 39; and Nazli , paragraph 40). | 73
Although the Court has, admittedly, recognised that an employer is allowed to reorganise its services in order to ensure efficient management of its organisation, it has nonetheless made clear that this is subject to compliance with the applicable provisions of EU law (see, by analogy, as regards the 1995 Framework Agreement, judgment of 20 June 2013, Riežniece, C‑7/12, EU:C:2013:410, paragraph 36). | 0 |
865,873 | 33. However, according to settled case-law of the Court, where national legislation falling within an area which has not been harmonised at Community level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets overriding requirements relating to the public interest in so far as that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see Säger , paragraph 15; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraphs 34 and 35; Case C‑164/99 Portugaia Construções [2002] ECR I‑787, paragraph 19; Case C‑279/00 Commission v Italy , paragraph 33; Case C‑445/03 Commission v Luxembourg [2004] ECR I‑10191, paragraph 21; and Commission v Germany , paragraph 31). | 14 In view of those findings, it must be concluded that by taking into consideration the sales subsidiary' s prices it is possible to ensure that costs which manifestly form part of the selling price of a product where the sale is made by an internal sales department of the manufacturing organization are not left out of account where the same selling activity is carried out by a company which, despite being financially controlled by the manufacturer, is a legally distinct entity . | 0 |
865,874 | 45
In order to assess whether the persons concerned are engaged in the same or similar work for the purposes of the framework agreement, it must first be determined, in accordance with clauses 3(2) and 4(1) of that agreement, whether, in the light of a number of factors such as the nature of the work, training requirements and working conditions, those persons can be regarded as being in a comparable situation (judgments of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 42 and the case-law cited; of 13 March 2014, Nierodzik, C‑38/13, EU:C:2014:152, paragraph 31; and of 14 September 2016, de Diego Porras, C‑596/14, EU:C:2016:683, paragraph 40). | 41. Il découle d’une jurisprudence constante que le juge national est tenu d’apprécier d’office le caractère abusif d’une clause contractuelle relevant du champ d’application de cette directive dès qu’il dispose des éléments de droit et de fait nécessaires à cet effet (voir, en ce sens, arrêt Sánchez Morcillo et Abril García, C‑169/14, EU:C:2014:2099, point 24). | 0 |
865,875 | 22
According to settled case-law, the principle of equal treatment and the obligation of transparency entail, in particular, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority (see, to that effect, judgments of 24 November 2005 in ATI EAC e Viaggi di Maio and Others, C‑331/04, EU:C:2005:718, paragraph 22, and 24 May 2016 in MT Højgaard and Züblin, C‑396/14, EU:C:2016:347, paragraph 37 and the case-law cited). | 37
In that regard, it must be recalled that the principle of equal treatment and the duty of transparency mean, in particular, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority, and constitute the basis of the EU rules on procedures for the award of public contracts (see, to that effect, judgment of 16 December 2008, Michaniki, C‑213/07, EU:C:2008:731, paragraph 45 and case-law cited). | 1 |
865,876 | 52. In that regard, is it is to be noted that, in accordance with settled case-law, consumer protection can justify interference with the freedom to provide services (see, to that effect, Joined Cases C‑34/95 to C‑36/95 De Agostini and TV-Shop [1997] ECR I‑3843, paragraph 53; Case C‑243/01 Gambelli and Others [2003] ECR I‑13031, paragraph 67; and Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑0000, paragraph 46). | 75 THE FREEDOM LEFT TO THE MEMBER STATES BY ARTICLE 189 AS TO THE CHOICE OF FORMS AND METHODS OF IMPLEMENTATION OF DIRECTIVES DOES NOT AFFECT THEIR OBLIGATION TO CHOOSE THE MOST APPROPRIATE FORMS AND METHODS TO ENSURE THE EFFECTIVENESS OF THE DIRECTIVES .
| 0 |
865,877 | 28 It went on to explain, at paragraphs 25 and 26 of that judgment, that the competent authority in the Member State of importation must verify that the two proprietary medicinal products, which have a common origin by virtue of the fact that they are manufactured pursuant to agreements concluded with the same licensor, if not identical in all respects, have at least been manufactured according to the same formulation, using the same active ingredient, and have the same therapeutic effects. | 46
Article 54 of the CISA should in this respect be interpreted in the light of Article 3(2) TEU, which states that the European Union is to offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with regard to, amongst other matters, the prevention and combating of crime. | 0 |
865,878 | 52. En effet, l’obligation de motiver les arrêts, qui incombe au Tribunal en vertu des articles 36 et 53, premier alinéa, du statut de la Cour, n’impose pas à celui-ci de fournir un exposé qui suivrait exhaustivement et un par un tous les raisonnements articulés par les parties au litige. La motivation peut donc être implicite, à condition qu’elle permette aux intéressés de connaître les raisons sur lesquelles se fonde l’arrêt attaqué et à la Cour de disposer des éléments suffisants pour exercer son contrôle dans le cadre d’un pourvoi (arrêt Groupe Gascogne/Commission (C‑58/12 P, EU:C:2013:770, point 37). | 49. Or, en vertu d’une jurisprudence constante de la Cour relative à la charge de la preuve dans le cadre d’une procédure en manquement au titre de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est donc elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement (voir, en ce sens, arrêts Commission/Finlande, C-335/07, EU:C:2009:612, point 46, et Commission/Royaume-Uni, EU:C:2012:633, point 70). | 0 |
865,879 | 39. The application of the principles derived from that case-law of the courts of the European Union requires certain procedural requirements to be satisfied, inter alia the bringing of parallel applications having the same object by the subsidiary and its parent company (see judgment in Commission v Tomkins , C‑286/11 P, EU:C:2013:29, point 49). The Court specified that the notion of the ‘same object’ does not require that the scope of the applications of those companies, and the arguments on which they relied, must be identical (see judgment in Commission v Tomkins , C‑286/11 P, EU:C:2013:29, paragraph 43). | 32. First, it is clear from that case-law that the place where the alleged damage occurred within the meaning of that provision may vary according to the nature of the right allegedly infringed (see, to that effect, Wintersteiger , paragraphs 21 to 24). | 0 |
865,880 | 37. It follows that the Finnish tax legislation makes the grant of the tax credit subject to the condition that the dividends be distributed by companies established in Finland, while shareholders fully taxable in Finland find themselves in a comparable situation, whether they receive dividends from companies established in that Member State or from companies established in other Member States (see, to that effect, Case C-107/94 Asscher [1996] ECR I‑3089, paragraphs 41 to 49, and Case C-234/01 Gerritse [2003] ECR I-5933, paragraphs 47 to 54). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,881 | 40. In that regard, it is also appropriate to point out that, according to the Court’s settled case-law, the absence of a common organisation of the market in a particular agricultural sector is irrelevant to the application of Articles 28 EC and 29 EC to trade in that sector’s goods; the Court has held that such was particularly the case as regards the Member States which adhered to the Community by virtue of the 1972 Act of Accession (see, precisely in relation to the potato sector, Case 68/76 Commission v France [1977] ECR 515, paragraphs 17 to 21; Case 231/78 Commission v United Kingdom [1979] ECR 1447, paragraphs 12 to 18; and Case 288/83 Commission v Ireland [1985] ECR 1761, paragraph 23). | 55
Having regard to all the foregoing considerations, the answer to the first and second questions referred is that Directive 93/13 precludes national legislation, such as that at issue in the main proceedings, which does not permit the court ruling on the enforcement of an order for payment to assess of its own motion whether a term in a contract concluded between a seller or supplier and a consumer is unfair, when the authority hearing the application for an order for payment does not have the power to make such an assessment. | 0 |
865,882 | 53
It should be noted that Directive 2000/29 aims to ensure a high level of phytosanitary protection against the bringing into the European Union of harmful organisms in produce imported from non-member countries (see, to that effect, judgment of 30 September 2003, Anastasiou and Others, C‑140/02, EU:C:2003:520, paragraph 45). | 47. Third, concerning Chapter VI of Annex I to the Agreement, headed ‘Purchase of immovable property’, it should be pointed out that the single article in that chapter, namely Article 25, provides, in Article 25(3), that a frontier worker shall enjoy the same rights as a national as regards the purchase of immovable property for his economic activity. | 0 |
865,883 | 80 The Court has stated that a decision by the Commission to bring infringement proceedings against a Member State must be the subject of collective deliberation by the college of Commissioners and that all the information on which that decision is based must be available to the members of the college (Commission v Germany, paragraph 48). | 40. The Court has held that Directive 1999/70 and the framework agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer (Case C‑307/05 Del Cerro Alonso [2007] ECR I‑7109, paragraph 28). | 0 |
865,884 | 32 Second, according to the case-law of the Court of Justice, it would be incompatible with the binding effect conferred on directives by Article 189 of the EC Treaty (now Article 249 EC) for the possibility for those concerned to rely on the obligation which directives impose to be excluded in principle. Particularly where the Community authorities have, by directive, imposed on Member States the obligation to pursue a particular course of conduct, the effectiveness of such an act would be diminished if individuals were prevented from relying on it in legal proceedings and if national courts were prevented from taking it into consideration as a matter of Community law in determining whether the national legislature, in exercising its choice as to the form and methods for implementing the directive, had kept within the limits of its discretion as defined by the directive (see Case 51/76 Verbond van Nederlandse Ondernemingen v Inspecteur der Invoerrechten en Accijnzen [1977] ECR 113, paragraphs 22 to 24; Case C-72/95 Kraaijeveld and Others v Gedeputeerde Staten van Zuid-Holland [1996] ECR I-5403, paragraph 56; and Case C-435/97 WWF and Others v Bozen and Others [1999] ECR I-5613, paragraph 69). | Sur ce point, la Cour a précisé, d’une part, que cette notion d’entreprise, placée dans ce contexte, doit être comprise comme désignant une unité économique, même si, du point de vue juridique, cette unité économique est constituée de plusieurs personnes physiques ou morales et, d’autre part, que, lorsqu’une telle entité économique enfreint les règles de la concurrence, il lui incombe, selon le principe de la responsabilité personnelle, de répondre de cette infraction (voir, notamment, arrêts du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, EU:C:2011:620, point 53 et jurisprudence citée, ainsi que du 18 juillet 2013, Schindler Holding e.a./Commission, C‑501/11 P, EU:C:2013:522, points 103 et 104). | 0 |
865,885 | 184. In that regard, it is apparent from the case-law of the Court of Justice that certain types of coordination between undertakings reveal a sufficient degree of harm to competition for the examination of their effects to be considered unnecessary (see to that effect, in particular, judgments in LTM , EU:C:1966:38, 249; Beef Industry Development Society and Barry Brothers , C‑209/07, EU:C:2008:643, paragraph 15; and Allianz Hungária Biztosító and Others , EU:C:2013:160, paragraph 34 and the case-law cited). | 7 BEFORE THE COURT ANSWERS THE QUESTION REFERRED TO IT , IT SHOULD BE EMPHASIZED THAT , IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL , IT IS , IN PRINCIPLE , FOR THE MEMBER STATES TO REGULATE ALL MATTERS RELATING TO THE MARKETING OF ALCOHOLIC BEVERAGES ON THEIR OWN TERRITORY , INCLUDING THE DESCRIPTION AND LABELLING OF THESE BEVERAGES , SUBJECT TO ANY COMMUNITY MEASURE ADOPTED WITH A VIEW TO APPROXIMATING NATIONAL LAWS IN THESE FIELDS .
| 0 |
865,886 | 38
The marketability of the product ‘in normal conditions’ is an inherent aspect of ‘sound and fair marketable quality’ (judgments of 26 May 2005, SEPA, C‑409/03, EU:C:2005:319, paragraph 26, and of 1 December 2005, Fleisch-Winter, C‑309/04, EU:C:2005:732, paragraph 21). A product which could not be marketed within the Union under normal conditions and under the description given in the claim for the grant of a refund would not meet these requirements (judgments of 26 May 2005, SEPA, C‑409/03, EU:C:2005:319, paragraph 22, and of 1 December 2005, Fleisch-Winter, C‑309/04, EU:C:2005:732, paragraph 20). | 30. La Cour a toutefois précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette livraison (arrêt De Danske Bilimportører, précité, point 17 et jurisprudence citée). | 0 |
865,887 | 35. On the other hand, it is not inconceivable that a manifest infringement of Community law might be committed precisely in the exercise of such work of interpretation if, for example, the court gives a substantive or procedural rule of Community law a manifestly incorrect meaning, particularly in the light of the relevant case-law of the Court on the subject (see, in that regard, Köbler , paragraph 56), or where it interprets national law in such a way that in practice it leads to an infringement of the applicable Community law. | 76 In the present cases, the medical specialists who are members of the LSV provide, in their capacity as self-employed economic operators, services on a market, namely the market in specialist medical services. They are paid by their patients for the services they provide and assume the financial risks attached to the pursuit of their activity. | 0 |
865,888 | 15 At the outset, it should be borne in mind that, under Article 177 of the Treaty, the Court has no power to apply rules of Community law to a particular case but may only provide a national court with information on the interpretation of Community law which may be useful to it in assessing the effects of a provision of national law (see in particular Case 100/63 Kalsbeek v Sociale Verzekeringsbank [1964] ECR 565, at 572, and Case 137/84 Ministère Public v Mutsch [1985] ECR 2681, paragraph 6). | 82. It should be recalled that one of the objectives pursued by the charging system introduced by Directive 2001/14 is to ensure independence of management by the infrastructure manager. In other words, the latter must, as observed by the Advocate General at point 80 of his Opinion, use the charging system as a management tool. Thus, recital 12 in the preamble to that directive that states that charging and capacity-allocation schemes must encourage railway infrastructure managers to optimise use of their infrastructure within the framework set out by Member States. In order to make such optimisation possible, the managers must be granted some degree of flexibility, as mentioned in recital 20. | 0 |
865,889 | 198. In those circumstances, Weichert and Del Monte cannot properly claim that Weichert was entitled not to be compelled by the Commission to admit that it participated in an infringement (see, to that effect, judgments in Dalmine v Commission , C‑407/04 P, EU:C:2007:53, paragraph 35, and Erste Group Bank and Others v Commission , C‑125/07 P, C‑133/07 P and C‑137/07 P, EU:C:2009:576, paragraph 272). | 35 It follows from the foregoing that the claims for damages as compensation for the material harm allegedly suffered by the applicant by reason of his not being promoted from Grade B 2 to Grade B 1 in 1987 must be dismissed as inadmissible . | 0 |
865,890 | 11 Restrictive practices are viewed differently by Community law and national law. Whilst Articles 85 and 86 of the Treaty view them in the light of the obstacles which may result for trade between the Member States, each body of national legislation proceeds on the basis of considerations peculiar to it and considers restrictive practices solely in that context. It follows that the national authorities may also take action regarding situations that are capable of forming the subject-matter of a decision by the Commission (see, to that effect, the judgments in Case 14/68 Wilhelm v Bundeskartellamt [1968] ECR 1 and Joined Cases 253/78 and 1 to 3/79 Procureur de la République v Giry and Guerlain [1980] ECR 2327, paragraphs 15 and 16). | 19 A CET EGARD, IL Y A LIEU D' OBSERVER QUE, AFIN D' ASSURER UNE PROTECTION COMPLETE ET EFFICACE DES OISEAUX SUR LE TERRITOIRE DE TOUS LES ETATS MEMBRES, IL EST INDISPENSABLE QUE LES INTERDICTIONS POSEES PAR LA DIRECTIVE SOIENT EXPRESSEMENT PREVUES DANS LES LEGISLATIONS NATIONALES . OR, LA REGLEMENTATION FRANCAISE NE CONTIENT PAS D' INTERDICTION RELATIVE A LA DETENTION DES OISEAUX PROTEGES, PERMETTANT AINSI LA DETENTION D' OISEAUX CAPTURES OU OBTENUS DE MANIERE ILLICITE, NOTAMMENT LORSQU' ILS L' ONT ETE EN DEHORS DU TERRITOIRE FRANCAIS . EN OUTRE, IL CONVIENT DE CONSTATER QUE, COMME LE GOUVERNEMENT FRANCAIS L' A ADMIS, LA LISTE DES OISEAUX DONT LA DETENTION EST PERMISE EN VERTU DE LA REGLEMENTATION FRANCAISE NE CORRESPOND PAS AU NOMBRE RESTREINT D' ESPECES D' OISEAUX QUI SONT SUSCEPTIBLES D' ETRE DETENUS CONFORMEMENT A L' ANNEXE III DE LA DIRECTIVE . | 0 |
865,891 | 64. A distinction must therefore be made between the differences in treatment authorised by Article 65(1)(a) TFEU and discrimination prohibited by Article 65(3) TFEU. It is clear from the Court’s case-law that, before national tax legislation such as that at issue in the main proceedings can be regarded as compatible with the provisions of the Treaty on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by an overriding reason in the public interest (see judgment in Santander Asset Management SGIIC and Others , C‑338/11 to C‑347/11, EU:C:2012:286, paragraph 23 and the case-law cited).
Comparability of the situations in question | 71. In order to determine whether a law such as the Law establishing the Land Berlin transitional system goes beyond what is necessary to achieve the aim pursued, that law must be placed in its context and the damage that it is liable to cause for the persons concerned must be considered ( HK Danmark , C‑335/11 and C‑337/11, EU:C:2013:222, point 89). | 0 |
865,892 | 35. It should be noted, in that regard, that, according to the Court’s settled case-law, in interpreting a provision of EU law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgments in Maatschap L.A. en D.A.B. Langestraat en P. Langestraat-Troost , C‑11/12, EU:C:2012:808, paragraph 27, and Koushkaki , C‑84/12, EU:C:2013:862, paragraph 34 and the case-law cited). | 56 In circumstances such as those in the main proceedings, irregularities committed in a Member State in breach of the provisions of Regulation No 2726/90, consisting of breaking the seals, unloading the goods and placing them on the market, constitute a removal of the goods from customs supervision and therefore cause the goods to cease to be covered by the external Community transit arrangements. On the other hand, as the Advocate General pointed out in point 81 of his Opinion, the fact that the original tractor was previously replaced by a new tractor in another Member State, without the seals being broken and without unloading or transhipment of the goods, would not have prevented the competent customs authority from carrying out, where appropriate, its supervisory function. | 0 |
865,893 | 28. Next, the intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C‑183/06 RUMA [2007] ECR I-1559, paragraph 36, and Olicom , paragraph 18). | 18. Finally, for the purposes of classification under the appropriate heading, it should be recalled that the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C‑459/93 Thyssen Haniel Logistic [1995] ECR I‑1381, paragraph 13, DFDS , paragraph 29, and Case C‑183/06 RUMA [2007] ECR I‑0000, paragraph 36). | 1 |
865,894 | 43. The derogation in Article 58(1)(a) EC is itself limited by Article 58(3) EC, which provides that the national provisions referred to in paragraph 1 of that Article ‘shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 56’ (see Jäger , paragraph 41; Eckelkamp and Others , paragraph 58; Arens-Sikken , paragraph 52; and Mattner , paragraph 33). | 34. First of all, a request for clarification of a tender, which may not be made until after the contracting authority has looked at all the tenders, must, as a general rule, be sent in an equivalent manner to all tenderers in the same situation (see, to that effect, SAG ELV Slovensko and Others , paragraphs 42 and 43). | 0 |
865,895 | 99 Nevertheless, the Court has consistently held that the condition in question implies that the national court must enquire whether the persons liable might not reasonably have been able to detect the error made by the competent customs authorities, having regard to the nature of the error, the professional experience of the traders concerned and the degree of care which they exercised (see the judgments in Deutsche Fernsprecher, cited above, paragraph 24; in Case C-371/90 Beirafrio v Alfândega do Porto [1992] ECR I-2715, paragraph 21; in Case C-187/91 Belovo [1992] ECR I-4937, paragraph 17; and in Hewlett Packard France, cited above, paragraph 22). | 10 Accordingly, the question whether the objection of inadmissibility is well founded must be determined together with the substantive issues raised by the dispute.
Substance | 0 |
865,896 | 22. In that regard, it should be noted that the Directive, as is apparent from recitals 4 and 5, is designed to protect consumers against the risks inherent in the conclusion of contracts away from business premises (Case C‑412/06 Hamilton [2008] ECR I‑2383, paragraph 32), as the special feature of those contracts is that as a rule it is the trader who initiates the contract negotiations, and the consumer has not prepared for such door-to-door selling by, inter alia, comparing the price and quality of the different offers available. | En effet, dès lors que, dans le cadre du pourvoi, le contrôle de la Cour est limité à l’appréciation de la solution légale qui a été donnée aux moyens et aux arguments débattus devant les premiers juges, une partie ne saurait soulever pour la première fois devant la Cour un argument qu’elle n’a pas invoqué devant le Tribunal (voir, en ce sens, arrêts du 8 novembre 2016, BSH/EUIPO, C‑43/15 P, EU:C:2016:837, point 43, et du 13 juillet 2017, Saint-Gobain Glass Deutschland/Commission, C‑60/15 P, EU:C:2017:540, point 50). | 0 |
865,897 | 39. Furthermore, the Court came to the same conclusion with regard to public procurement contracts. In Case C-300/07 Hans & Christophorus Oymanns [2009] ECR I-0000, paragraph 64, the Court held that the concept of ‘public supply contracts’ referred to in the first paragraph of Article 1(2)(c) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) covers the purchase of products, irrespective of whether the product under consideration is supplied to consumers ready-made or after being manufactured in accordance with consumers’ requirements. In paragraph 66 of that judgment, the Court held that, where the goods supplied are individually manufactured and tailored to the needs of each customer, the manufacture of those goods is part of the supply of the goods at issue. | 32. The Court has made it clear that, in the particular case of a parent company with a 100% shareholding in a subsidiary which has infringed the European Union’s competition rules, that parent company is able to exercise decisive influence over the conduct of its subsidiary, and there is a rebuttable presumption that the parent company does in fact exercise such influence (see Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 46 and the case-law cited). | 0 |
865,898 | 34. In that regard, it should be recalled that, in proceedings under Article 234 EC, which are based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. Similarly, it is solely for the national court, before which the dispute has been brought and which must assume responsibility for the ultimate 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‑326/00 IKA [2003] ECR I‑1703, paragraph 27; Case C‑145/03 Keller [2005] ECR I‑2529, paragraph 33; Case C‑419/04 Conseil général de la Vienne [2006] ECR I‑5645, paragraph 19; and Case C‑537/07 Gómez-Limón [2009] ECR I‑0000, paragraph 24). | 30 THE BELGIAN DEALERS , INCLUDING THE MEMBERS OF THE ADVISORY COMMITTEE WHO GAVE THEIR CONSENT TO THE CIRCULAR FROM BMW BELGIUM OF 29 SEPTEMBER 1975 DID , BY VIRTUE OF THAT CONSENT , SUBSCRIBE TO SUCH AN AGREEMENT , THE DETAILED CONTENT OF WHICH IS DETERMINED BY THE SAID CIRCULARS .
| 0 |
865,899 | 20. It is settled case-law, first of all, that not only an individual piece of information, but also a combination of pieces of information can constitute ‘independent material’ within the meaning of Article 1(2) of Directive 96/9 (see judgments in Fixtures Marketing , C‑444/02, EU:C:2004:697, paragraph 35, and also Football Dataco and Others , C‑604/10, EU:C:2012:115, paragraph 26). | 13. Finally, the Court observed that the minimum period of seven days allowed for cancellation must be calculated from the time the consumer receives the notice concerning his right of cancellation from the trader. In paragraph 48 of the judgment in Heininger it held that the doorstep-selling directive precludes the national legislature from imposing a time-limit of one year from the conclusion of the contract within which the right of cancellation provided for in Article 5 of that Directive may be exercised, where the consumer has not received the information specified in Article 4.
The national legislation | 0 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.