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865,900 | 33. That conclusion is confirmed by the Court’s case-law in accordance with which Member States may offer greater protection to commercial agents by extending the scope of a directive or by choosing to make wider use of the discretion afforded by that directive (see, to that effect, judgment in Unamar , C‑184/12, EU:C:2013:663, paragraph 50). | 36. The Court has already had occasion to hold that Directive 86/653 aims to coordinate the laws of the Member States as regards the legal relationship between the parties to a commercial agency contract (Case C‑215/97 Bellone [1998] ECR I‑2191, paragraph 10; Case C‑465/04 Honyvem Informazioni Commerciali [2006] ECR I‑2879, paragraph 18; and Case C‑348/07 Semen [2009] ECR I‑2341, paragraph 14). | 1 |
865,901 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 41. According to established case-law, it is compatible with Community law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty (see, to this effect, Case 33/76 Rewe-Zentralfinanz and Rewe-Zentral [1976] ECR 1989, paragraph 5; Case C‑261/95 Palmisani [1997] ECR I‑4025, paragraph 28; and Case C‑2/06 Kempter [2008] ECR I‑411, paragraph 58). Such time-limits are not liable to make it virtually impossible or excessively difficult to exercise rights conferred by Community law (see, to that effect, Case C‑255/00 Grundig Italiana [2002] ECR I‑8003, paragraph 34). | 0 |
865,902 | 39. In accordance with Article 28 of Regulation No 1408/71, recipients of pensions payable under the legislation of a Member State who reside in another Member State, in which they are not entitled to sickness benefits in kind, are to receive those benefits from the competent institution of their Member State of residence, on behalf and at the expense of the State responsible for payment of the pension, in so far as they would be entitled to them under the legislation of the State responsible for payment of the pension if they were resident in its territory (see van der Duin and ANOZ Zorgverzekeringen , paragraphs 40, 47 and 53). | 51. La réglementation en cause au principal établit ainsi une différence de traitement fiscal entre les couples de citoyens de l’Union résidant sur le territoire du Royaume de Belgique en fonction de l’origine et de l’importance de leurs revenus qui est susceptible de produire un effet dissuasif sur l’exercice par ces derniers des libertés garanties par le traité, et notamment de la liberté d’établissement (voir, en ce sens, arrêt Beker, précité, point 52). | 0 |
865,903 | 63 It is settled law that the prohibition of quantitative restrictions and of all measures having equivalent effect applies not only to national measures but also to measures adopted by the Community institutions (see in particular Case 15/83 Denkavit Nederland v Hoofdproduktschap voor Akkerbouwprodukten [1984] ECR 2171, paragraph 15, and Case C-51/93 Meyhui v Schott Zwiesel Glaswerke [1994] ECR I-3879, paragraph 11). | 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 |
865,904 | 46. With regard to judicial review of the conditions referred to in the previous paragraph, the Community legislature must be allowed a broad discretion in an area such as that concerned in the present case, which involves political, economic and social choices on its part, and in which it is called on to undertake complex assessments. Only if a measure adopted in this field is manifestly inappropriate in relation to the objective which the competent institutions are seeking to pursue can the lawfulness of such a measure be affected (see, to that effect, Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 58; Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 55 and 56; Case C-157/96 National Farmers’ Union and Others [1998] ECR I-2211, paragraph 61; and British American Tobacco (Investments) and Imperial Tobacco , paragraph 123). | 38. It follows that an obligation for a participant in a tendering procedure to declare, on the one hand, that it is not in a relationship of control or of association with other competitors and, on the other, that it has not concluded any agreement with other participants in the tendering procedure, with the consequence that, failing such a declaration, that participant is automatically excluded from that procedure, infringes the principle of proportionality. | 0 |
865,905 | 121
Likewise, the competent national authorities to whom access to the retained data has been granted must notify the persons affected, under the applicable national procedures, as soon as that notification is no longer liable to jeopardise the investigations being undertaken by those authorities. That notification is, in fact, necessary to enable the persons affected to exercise, inter alia, their right to a legal remedy, expressly provided for in Article 15(2) of Directive 2002/58, read together with Article 22 of Directive 95/46, where their rights have been infringed (see, by analogy, judgments of 7 May 2009, Rijkeboer, C‑553/07, EU:C:2009:293, paragraph 52, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 95). | 43. Thus, the comparison of the situations must be based on an analysis focusing on the rights and obligations of the spouses and registered life partners as they result from the applicable domestic provisions, which are relevant taking account of the purpose and the conditions for granting the benefit at issue in the main proceedings, and must not consist in examining whether national law generally and comprehensively treats registered life partnership as legally equivalent to marriage. | 0 |
865,906 | 35. As is apparent from its wording, that provision seeks to protect workers against dismissal on the grounds of an application for, or the taking of, parental leave (see Meerts , paragraph 33, and Riežniece , paragraph 34). | 29. With regard, in particular, to three-dimensional trade marks consisting of the packaging of goods, such as liquids, which are packaged in trade for reasons linked to the very nature of the product, the Court has held that they must enable average consumers of the goods in question, who are reasonably well informed and reasonably observant and circumspect, to distinguish the product concerned from those of other undertakings without conducting an analytical or comparative examination and without paying particular attention (see, to that effect, with regard to Article 3(1)(b) 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 is identical to Article 7(1)(b) of Regulation No 40/94, Case C‑218/01 Henkel [2004] ECR I‑1725, paragraph 53). | 0 |
865,907 | 73. The Commission rightly points out that, under the second indent of Article 1(4) of Directive 91/689, the Member States concerned must notify the Commission of cases in which it classifies waste other than that in the LHW as hazardous ( Fornasar and Others , paragraph 51). It has not, however, replied to the argument of the Republic of Austria that it complied with that obligation when it formally notified the Commission of the 1997 regulation transposing the LHW. | 11 CES CONSIDERATIONS FONT APPARAITRE QUE, MEME S' IL FALLAIT ASSIMILER DANS CERTAINS CAS, EN VUE DE LA QUALIFICATION D' UNE CHARGE FRAPPANT DES PRODUITS IMPORTES, L' HYPOTHESE D' UNE PRODUCTION NATIONALE EXTREMEMENT REDUITE A L' ABSENCE D' UNE TELLE PRODUCTION, IL N' EN RESULTERAIT PAS POUR AUTANT QUE LA REDEVANCE LITIGIEUSE DEVRAIT NECESSAIREMENT ETRE CONSIDEREE COMME UNE TAXE D' EFFET EQUIVALANT A UN DROIT DE DOUANE . IL N' EN SERA NOTAMMENT PAS AINSI SI ELLE S' INTEGRE DANS UN SYSTEME GENERAL DE REDEVANCES INTERIEURES APPREHENDANT SYSTEMATIQUEMENT DES CATEGORIES DE PRODUITS SELON LES CRITERES CI-DESSUS INDIQUES . | 0 |
865,908 | 39. The Court has repeatedly held that, given the fundamental importance of the principle of equal treatment, the exception to the prohibition of discrimination on grounds of sex, provided for in that provision, must be interpreted strictly, so as to be applicable only to the determination of pensionable age for the purposes of granting old-age and retirement pensions and to the possible consequences thereof for other social security benefits (see, to this effect, Marshall , paragraph 36; Case C-207/04 Vergani [2005] ECR I‑7453, paragraph 33; and Case C-423/04 Richards [2006] ECR I‑3585, paragraph 36). | 60. À cet égard, il convient de rappeler que le lien juridique entre les fonctionnaires et l’administration est de nature statutaire et non contractuelle (voir, en ce sens, arrêt du 19 mars 1975, Gillet/Commission, 28/74, Rec. p. 463, point 4). Il en résulte que les droits et les obligations des fonctionnaires peuvent être modifiés à tout moment par le législateur. | 0 |
865,909 | 14 In regard to that claim, it should be observed that the combined provisions of Article 178 and Article 215 of the Treaty give the Court exclusive jurisdiction to hear actions seeking compensation for damage attributable to the Community, which is bound, under the second paragraph of Article 215, to make good, in accordance with the general principles common to the laws of the Member States, any damage caused by its institutions or by its servants in the performance of their duties (judgment in Joined Cases 106/87 to 120/87 Asteris v Greece [1988] ECR 5515, at paragraph 14). | 39 In that connection, it is not sufficient for the contested decision to pursue a twofold purpose or for an analysis of its content to disclose the existence of a twofold component. | 0 |
865,910 | 41
Article 52(3) of the Charter states that, in so far as it contains rights which correspond to rights guaranteed by the ECHR, the meaning and scope of those rights is to be the same as those laid down by that convention. According to the explanations relating to that provision, the meaning and scope of the guaranteed rights are determined not only by the text of the ECHR, but also, in particular, by the case-law of the European Court of Human Rights, in the light of which Article 47 of the Charter should therefore be interpreted (see, to that effect, judgment of 22 December 2010 in DEB, C‑279/09, EU:C:2010:811, paragraphs 35 and 37 and the case-law cited). | 41. Il importe également de souligner que l’application des règles de l’Union en matière d’aides d’État repose sur une obligation de coopération loyale entre, d’une part, les juridictions nationales et, d’autre part, la Commission et les juridictions de l’Union, dans le cadre de laquelle chacun agit en fonction du rôle qui lui est assigné par le traité. Dans le cadre de cette coopération, les juridictions nationales doivent prendre toutes mesures générales ou particulières propres à assurer l’exécution des obligations découlant du droit de l’Union et de s’abstenir de celles qui sont susceptibles de mettre en péril la réalisation des buts du traité, ainsi qu’il découle de l’article 4, paragraphe 3, TUE. Ainsi, les juridictions nationales doivent, en particulier, s’abstenir de prendre des décisions allant à l’encontre d’une décision de la Commission, même si elle revêt un caractère provisoire. | 0 |
865,911 | 95. In that regard, it should be borne in mind that, although the specific detailed rules concerning the defendant’s right to be heard may vary according to the urgency for a ruling to be given, any restriction on the exercise of that right must be duly justified and surrounded by procedural guarantees ensuring that persons concerned by such proceedings actually have the opportunity to challenge the measures adopted in urgency (see, by analogy, in relation to insolvency proceedings, Eurofood IFSC , paragraph 66). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
865,912 | 13 Consideration classified as pay includes, inter alia, consideration paid by the employer by virtue of legislative provisions and under a contract of employment whose purpose is to ensure that workers receive income even where, in certain cases specified by the legislature, they are not performing any work provided for in their contracts of employment (see Case C-360/90 Arbeiterwohlfahrt der Stadt Berlin v Boetel [1992] ECR I-3589, paragraphs 14 and 15; also Case C-33/89 Kowalska v Freie und Hansestadt Hamburg [1990] ECR I- 2591, paragraph 11, and Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 12). | 30 Matra has thus been unable to demonstrate that, in that analysis and in its consequential appraisal of the financial assistance, the Commission carried out a manifestly erroneous assessment of the economic data. | 0 |
865,913 | 17 It is also settled law that obstacles to intra-Community trade resulting from disparities between provisions of national law must be accepted in so far as such provisions are applicable to domestic and imported products without distinction and may be justified as being necessary in order to satisfy overriding requirements relating inter alia to consumer protection or fair trading. However, in order to be permissible, such provisions must be proportionate to the objective pursued and that objective must not be capable of being achieved by measures which are less restrictive of intra-Community trade (see Case 120/78 Rewe-Zentral v Bundesmonopolverwaltung fuer Branntwein ("Cassis de Dijon") [1979] ECR 649, paragraph 8; Case C-238/89 Pall v Dalhausen [1990] ECR I-4827, paragraph 12; Case 126/91 Schutzverband gegen Unwesen in der Wirtschaft v Yves Rocher [1993] ECR I-2361, paragraph 12; and Case C-470/93 Verein gegen Unwesen in Handel und Gewerbe Koeln v Mars [1995] ECR I-1923, paragraph 15). | 59. À cet égard, contrairement à ce que soutient le Royaume de Belgique en ce qui concerne l’insuffisance des preuves apportées par la Commission, il convient de souligner que, dans la mesure où le présent grief vise la manière dont la directive 85/337 est transposée dans l’ordre juridique de la Région flamande et non le résultat concret de l’application de la réglementation de transposition, il n’est pas nécessaire, pour démontrer que la transposition de cette directive est insuffisante ou inadéquate, d’établir les effets réels de la réglementation de la Région flamande transposant cette directive. En effet, ce sont les dispositions elles-mêmes de cette réglementation qui comportent le caractère insuffisant ou défectueux de la transposition (voir, en ce sens, arrêts du 21 septembre 1999, Commission/Irlande, C‑392/96, Rec. p. I‑5901, points 59 et 60, ainsi que du 20 novembre 2008, Commission/Irlande, précité, point 59). | 0 |
865,914 | 24 As the referring court itself points out, the Court has repeatedly held that the principle of legal certainty is one of the objectives of the Brussels Convention (Case 38/81 Effer [1982] ECR 825, paragraph 6; Case C-26/91 Handte [1992] ECR I-3967, paragraphs 11, 12, 18 and 19; Case C-129/92 Owens Bank [1994] ECR I-117, paragraph 32; Case C-288/92 Custom Made Commercial [1994] ECR I-2913, paragraph 18; and Case C-440/97 GIE Groupe Concorde and Others [1999] ECR I-6307, paragraph 23). | 22 In order to discharge that responsibility, the Federal Minister of Transport not only has the power to establish the Tariff Boards and advisory committees, and to decide on their composition and structure but may also personally attend their meetings or be represented at them or delegate that right to agents of the Bundesanstalt. Furthermore, if the tariffs decided on by a Tariff Board are inimical to the public interest, the Federal Minister of Transport may, by agreement with the Federal Minister for Economic Affairs, fix the tariffs himself in the stead of the Tariff Board. | 0 |
865,915 | 75. It follows, in that regard, from the Court’s case‑law that although the principle of legal certainty precludes, in general, a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected (see Case C‑331/88 Fedesa and Others [1990] ECR I‑4023, paragraph 45, and Parliament v Council , paragraph 21). | 45 As regards the retroactive effect of the directive at issue outside the criminal sphere, it should be recalled that, as the Court has already held on several occasions ( see in particular the judgment in Case C-337/88 Società agricola fattoria alimentare [1990] ECR I-1, paragraph 13 ), although in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected . In order to reply to the question raised, it is therefore necessary to determine whether those criteria were satisfied in the present case . | 1 |
865,916 | 56. Where the substance or object in question is a production residue, that is to say, a product which is not itself wanted for subsequent use and which the holder cannot reuse on economically advantageous terms without prior processing, it must be regarded as a burden which the holder ‘discards’ (see Palin Granit , paragraphs 32 to 37, and Van de Walle , paragraph 46). | 156. Therefore, it must be held that the broad discretion enjoyed by the NRAs under Article 4(2) of Regulation No 2887/2000 also relates to the costs taken into account, such as interest on invested capital and depreciation of fixed assets, the calculation basis of those costs and the cost‑accounting models used to prove them. | 0 |
865,917 | 29. In that regard, the Court has held that the taking into account of the actual depreciation of the vehicles need not necessarily involve an assessment or expert examination of each of them. To avoid the administrative burden inherent in such a system, a Member State may establish, by means of fixed scales determined by statute, regulation or administrative provision and calculated on the basis of criteria such as a vehicle’s age, mileage, general condition, propulsion method, make or model, a value for second-hand vehicles which, as a general rule, would be very close to their actual value ( Gomes Valente, paragraph 24, and Weigel , paragraph 73). | Ce règlement n° 267/2012, qui constitue un acte juridiquement contraignant, au sens de l’article 291, paragraphe 2, TFUE,
énonce les critères généraux devant présider à l’inscription de personnes ou d’entités sur l’une des listes, contenues aux
annexes VIII et IX dudit règlement, des personnes ou des entités qui doivent faire l’objet de mesures restrictives, en tenant
compte des modifications apportées par la décision 2012/35 aux critères généraux d’inscription figurant dans la décision 2010/413,
lesquelles ont, en particulier, consisté à ajouter le critère relatif à la fourniture d’un appui au gouvernement iranien (arrêt
du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 38). | 0 |
865,918 | 24. Should the taxable person choose to treat capital goods used for both business and private purposes as business goods, the input VAT due on the acquisition of those goods is, in principle, immediately deductible in full (see, in particular, Case C‑97/90 Lennartz [1991] ECR I-3795, paragraph 26, Bakcsi , paragraph 25, and Seeling, paragraph 41). | 33. It is necessary to recall at the outset that, according to settled case-law, while direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence in a manner consistent with European Union law (Case C‑334/02 Commission v France [2004] ECR I-2229, paragraph 21; Case C‑155/09 Commission v Greece [2011] ECR I-0000, paragraph 39; and Case C‑10/10 Commission v Austria [2011] ECR I-0000, paragraph 23). | 0 |
865,919 | 55. Furthermore, even if the competent national authorities, that is to say, in the case in the main proceedings, the metrologijos inspekcija, were subsequently to decide to limit metrological verification to the remote (telemetric) data-transmission devices, it must be borne in mind that those authorities may not, in any event, unnecessarily require technical analyses where those analyses have already been carried out in another Member State and their results are available to those authorities or may, at their request, be placed at their disposal (see, to that effect, Commission v Portugal , EU:C:2005:669, paragraph 46 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
865,920 | 30
It is settled case-law that the cooperation mechanism between the Commission and the national competition authorities which was set up in Chapter IV of Regulation No 1/2003 is intended to ensure the coherent application of the competition rules in the Member States (see, to that effect, judgments in X, C‑429/07, EU:C:2009:359, paragraph 20, and in Tele2 Polska, C‑375/09, EU:C:2011:270, paragraph 26). | 57 However, the Community's interest in recovering aid which has been received in breach of the conditions under which it was granted must be taken fully into consideration in assessing the interests in question (Deutsche Milchkontor, paragraph 32, Oelmühle and Schmidt Söhne, paragraph 24 and Flemmer and Others, paragraph 61). | 0 |
865,921 | 50. Néanmoins, il ne saurait être a priori exclu que, au jour du prononcé du présent arrêt, l’arrêt Commission/Grèce (C‑440/06, EU:C:2007:642) ait été exécuté de manière complète. Ainsi, l’astreinte ne doit être infligée que dans l’hypothèse où le manquement persisterait à la date de ce prononcé (voir, en ce sens, arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 51). | 53
A procedure for the recognition of decisions imposing convictions handed down by the courts of other Member States, such as that at issue in the main proceedings, prior to the entry of those convictions in the criminal record, which, moreover, requires the transmission and translation of those decisions, is likely to delay considerably that entry, complicate the exchange of information between Member States, deprive the automatic translation system established by Decision 2009/316 of any effectiveness and jeopardise the attainment of the objectives pursued by Framework Decision 2009/315 and Decision 2009/316. | 0 |
865,922 | 55
In the examination of terms in an individual action brought by a consumer, the law designated as applicable as the law of the contract may be different from the law designated as applicable to an action for an injunction as the law of the tort or delict. It must be observed in this respect that the level of protection of consumers still varies from one Member State to another, in accordance with Article 8 of Directive 93/13, so that the assessment of a term may vary, other things being equal, according to the applicable law. | 105. As regards the Swiss Confederation’s argument relating to the alleged refusal of the General Court to examine the necessity of the measures laid down in the 213th Regulation, as amended, the Court notes that that argument is based on a manifest misinterpretation of paragraph 149 of the judgment under appeal, which must be understood in the light of its context (see, to that effect, Case C‑294/95 P Ojha v Commission [1996] ECR I‑5863, paragraphs 48 and 49). In paragraph 149 of the judgment under appeal, the General Court merely stated that the German authorities were entitled to adopt such measures. However, it is apparent from paragraphs 154 et seq. of the judgment under appeal that, by that assertion, the General Court in no way sought to limit its power of review over the proportionate nature of those measures. In particular, in paragraphs 163 et seq. of that judgment, the General Court examined in a precise and detailed manner whether less onerous measures existed which would have enabled the Federal Republic of Germany to achieve the objective pursued by the measures laid down in the 213th Regulation, as amended. | 0 |
865,923 | 23 In those circumstances, it is of no importance that the Court of First Instance further held in paragraph 55 of its judgment that the EEA Agreement could not apply to contracts governed by legal relations to which a State not a signatory of that agreement was a party. Since that consideration is supererogatory, the criticisms levelled at it cannot result in the judgment of the Court of First Instance being set aside, and are hence ineffectual (Case C-244/91 Pincherle v Commission [1993] ECR I-6965, paragraph 25). | 18. Accordingly, the present action for failure to fulfil obligations cannot in any case be regarded as being devoid of purpose (see, to this effect, Case 240/86 Commission v Greece [1988] ECR 1835, paragraphs 12 to 15). | 0 |
865,924 | 54. First, the concept of ‘obligation’ in Article 5(1)(a) of Regulation No 44/2001 refers to the obligation which arises under the contract and the non-performance of which is relied upon in support of the action (see by analogy, inter alia, Case 14/76 De Bloos [1976] ECR 1497, paragraph 13; Case 266/85 Shenavai [1987] ECR 239, paragraph 9, and Case C‑256/00 Besix [2002] ECR I‑1699, paragraph 44) and, second, the place of performance of that obligation is to be determined in accordance with the law governing that obligation according to the conflict rules of the court before which the proceedings have been brought (see by analogy, inter alia, Case 12/76 Industrie Tessili Italiana Como [1976] ECR 1473, paragraph 13; Case C‑440/97 GIE Groupe Concorde and Others [1999] ECR I‑6307, paragraph 32, and Besix , paragraphs 33 and 36). | 21 The Court has held, in particular, that for reparation of loss or damage the conditions relating to time-limits laid down by national law must not be less favourable than those relating to similar domestic claims (principle of equivalence) and must not be so framed as to make it virtually impossible or excessively difficult to obtain reparation (principle of effectiveness) (Case C-261/95 Palmisani v INPS [1997] ECR I-4025, paragraph 27). Such a rule also applies to recovery of sums paid but not due. | 0 |
865,925 | 43. The question whether the main proceedings involve an investment service offered as part of a financial product within the meaning of that provision, as interpreted by the Court in the preceding paragraphs, entails an assessment of the facts which, under the division of jurisdiction between the European Union judicature and national courts, must be conducted by the referring court. However, the Court of Justice, when giving a preliminary ruling, may, where appropriate, provide clarification to guide the national court in its interpretation (see, to that effect, Case C‑135/10 SCF [2012] ECR I-0000, paragraph 67 and the case-law cited). | 57. Consequently, this ground of appeal must be rejected as ineffective.
The fourth ground of appeal
Arguments of the parties | 0 |
865,926 | 44. According to the Court’s settled case-law, while the Court is in principle bound to give a ruling where the questions submitted concern the interpretation of Community law, it can in exceptional circumstances examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-13/05 Chacón Navas [2006] ECR I-0000, paragraphs 32 and 33, and the case-law cited). | En l’espèce, au regard du caractère circonstancié des éléments produits par la Commission, qui consistent en des documents et des rapports officiels émis par les autorités espagnoles elles-mêmes, il incombe au Royaume d’Espagne de contester de manière substantielle et détaillée les données ainsi présentées et les conséquences qui en découlent (arrêts du 26 avril 2007, Commission/Italie, C‑135/05, EU:C:2007:250, point 30 et jurisprudence citée, ainsi que du 4 mars 2010, Commission/Italie, C‑297/08, EU:C:2010:115, point 102 et jurisprudence citée). | 0 |
865,927 | 50. It is also apparent from case-law that the mere fact that a resident company establishes a secondary establishment, such as a subsidiary, in another Member State cannot set up a general presumption of tax evasion and justify a measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty (see, to that effect, ICI , paragraph 26; Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 45; X and Y , paragraph 62; and Case C-334/02 Commission v France [2004] ECR I-2229, paragraph 27). | 61. In the light of the foregoing, the answer to the question referred must be that Article 15(1)(d) of Regulation No 1260/2001 is to be interpreted as meaning that all the quantities of exported products which fall under that article, regardless of whether or not refunds have actually been paid, are to be taken into account for the purpose of calculating the estimated average loss per tonne of product.
The validity of Regulations No 1837/2002, No 1762/2003 and No 1775/2004 | 0 |
865,928 | 21
Third, the concept of a ‘technical regulation’, the subject of Article 1(5) of Directive 98/34, covers solely regulations relating to information society services, that is, any service provided at a distance by electronic means and at the individual request of a recipient of services (see, to that effect, judgment of 2 June 2005, Mediakabel, C‑89/04, EU:C:2005:348, paragraph 19). | 76. Toutefois, dans une situation telle que celle en cause au principal, l’on ne saurait considérer, indépendamment des circonstances factuelles relevées par la juridiction de renvoi, qu’un contribuable, tel que K, a épuisé les possibilités de prise en compte des pertes dans l’État membre où l’immeuble est situé. | 0 |
865,929 | 48. It should also be added that subjective elements deriving, for example, from the wrongful attribution, by the injured person, of the status of manufacturer of the allegedly defective product to a company which is not the manufacturer, or from the injured person’s genuine intention to proceed against that manufacturer by way of its action against such other company, cannot, without infringing the objective dimension of the harmonisation rules laid down by Directive 85/374, justify the substitution, after the expiry of the 10-year period set out in Article 11 thereof, of that manufacturer in proceedings initiated during that period against another person (see, to that effect, O’Byrne , paragraph 26 and, by analogy, Case C-51/05 P Commission v Cantina sociale di Dolianova and Others [2008] ECR I‑5341, paragraphs 59 to 63). | 43. The right to determine the questions to be put to the Court thus devolves upon the national court alone and the parties may not change their tenor ( Hochtief and Linde-Kca-Dresden , paragraph 21 and the case-law cited). | 0 |
865,930 | 36
As regards CN heading 2309, it follows from the case-law of the Court that the term ‘preparation’ under that heading means either the processing of a product, or a mixture with other products. For it to come under CN heading 2309, the product at issue in the main proceedings must still, firstly, be suitable only for animal feeding and, secondly, have been finally processed or result from a mixture of different substances (see, by analogy with regard to heading 2307 of the Common Customs Tariff of 1965, which preceded CN heading 2309, judgments in Henck, 36/71, EU:C:1972:25, paragraphs 4 and 12, and in van de Poll, 38/72, EU:C:1972:127, paragraph 5). | 41. Under Article 3(2) of Directive 2002/22, Member States are to determine the most efficient and appropriate approach for ensuring the implementation of universal service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality and they are to seek to minimise market distortions, whilst safeguarding the public interest ( Commission v France , paragraph 29). | 0 |
865,931 | 71. The Court has, however, made it clear that the transactions covered by the exemption of management of special investment funds are those which are specific to the business of undertakings for collective investment (judgments in Abbey National , C‑169/04, EU:C:2006:289, paragraph 63; Deutsche Bank , C‑44/11, EU:C:2012:484, paragraph 31; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 65). In particular, it has found that management services provided by a third-party manager must, viewed broadly, form a distinct whole and be specific to, and essential for, the management of special investment funds (judgment in ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 65). | Il convient de rappeler, en premier lieu, que l’obligation de motiver les arrêts, qui incombe au Tribunal en vertu de l’article 36 du statut de la Cour de justice de l’Union européenne, applicable au Tribunal en vertu de l’article 53, premier alinéa, du même statut, et de l’article 81 du règlement de procédure du Tribunal, dans sa version en vigueur à la date de l’arrêt attaqué, lui impose de faire apparaître de façon claire et non équivoque son raisonnement, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (voir, notamment, arrêts du 26 septembre 2013, Alliance One International/Commission, C‑679/11 P, non publié, EU:C:2013:606, point 98 ; du 28 janvier 2016, Quimitécnica.com et de Mello/Commission, C‑415/14 P, non publié, EU:C:2016:58, point 56, ainsi que du 26 janvier 2017, Aloys F. Dornbracht/Commission, C‑604/13 P, EU:C:2017:45, point 84). | 0 |
865,932 | 29. It should be noted at the outset that Directive 96/34 and the Framework Agreement are intended to apply to public officials (see judgment in Chatzi , C‑149/10, EU:C:2010:534, paragraphs 27 to 30). | 29. The obligation to state the reasons on which a judgment is based arises under Article 36 of the Statute of the Court of Justice, which applies to the General Court by virtue of the first paragraph of Article 53 of the Statute, and Article 81 of the Rules of Procedure of the General Court. It has consistently been held that the statement of the reasons on which a judgment of the General Court is based must clearly and unequivocally disclose that court’s reasoning in such a way as to enable the persons concerned to ascertain the reasons for the decision taken and the Court of Justice to exercise its power of review (see Case C‑288/11 P Mitteldeutsche Flughafen and Flughafen Leipzig-Halle v Commission [2012] ECR I‑0000, paragraph 83 and the case-law cited). | 0 |
865,933 | 27
In the second place, it should be pointed out that an error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122). | 84. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by that provision on the permitted exceptions to the principle of freedom of establishment, so as to ensure that the effectiveness of the Treaty in the field of freedom of establishment is not frustrated by unilateral provisions of the Member States (see, to that effect, Reyners , paragraph 50; Commission v Greece , paragraph 8; and Case C‑438/08 Commission v Portugal [2009] ECR I‑10219, paragraph 35). | 0 |
865,934 | 102. Second, as regards the notary’s involvement in cases of non‑acceptance or non‑payment of bills or cheques, it must be observed, as expressly acknowledged by the Hellenic Republic, that that intervention, consisting of noting a protest, constitutes the preparatory stage of either an enforcement or proceedings before the courts. However, preparatory activities for the exercise of official authority are, in accordance with settled case-law, excluded from the derogation laid down in the first paragraph of Article 45 EC (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38, and Commission v Portugal , paragraph 36). | 54 Moreover, if a national court has doubts as to the validity or interpretation of an act of a Community institution it may, or must, in accordance with the second and third paragraphs of Article 177 of the Treaty, refer a question to the Court of Justice for a preliminary ruling. | 0 |
865,935 | 47. Article 31 of Directive 2004/38 obliges the Member States to lay down, in domestic law, the measures necessary to enable Union citizens and members of their families to have access to judicial and, where appropriate, administrative redress procedures to appeal against or seek review of any decision restricting their right to move and reside freely in the Member States on the grounds of public policy, public security or public health (see, to this effect, Case C-249/11 Byankov [2012] ECR I-0000, paragraph 53). In accordance with Article 31(3), the redress procedures must include an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed measure is based. | 30. In that connection, it is clear from the case-law of the Court that the basis of assessment for a supply of services is everything which makes up the consideration for the service and that a supply of services is therefore taxable only if there is a direct link between the service supplied and the consideration received (Case 102/86 Apple and Pear Development Council [1988] ECR 1443, paragraph 11 and 12, and Tolsma , paragraph 13). | 0 |
865,936 | 56. It also follows from a consistent line of decisions that, provided that the Commission sets out in the statement of objections the main elements of fact and of law capable of leading to the imposition of a fine, such as the gravity and the duration of the alleged infringement and also the circumstance that the infringement was committed deliberately or negligently, the Commission satisfies its obligation to observe the undertakings’ right to be heard (see, to that effect, Case 322/81 Michelin v Commission [1983] ECR 3461, paragraphs 19 and 20, and Dansk Rørindustri and Others v Commission , paragraph 428). | 15. In that connection, it is common ground that Directive 2000/35 simply aims to harmonise as far as possible certain payment rules and practices in the Member States in order to combat late payment in commercial transactions. | 0 |
865,937 | 60. In order to determine whether there is a ‘transfer’ of the undertaking within the meaning of Article 1(1) of Directive 77/187, the decisive criterion is whether the entity in question keeps its identity after being taken over by the new employer (see, in particular, Case 24/85 Spijkers , [1986] ECR 1119, paragraphs 11 and 12; UGT-FSP , paragraph 22). | 12 Those classification criteria comply with the case-law of the Court of Justice according to which, in the interests of legal certainty and ease of verification, goods must be classified on the basis of the objective characteristics and properties of products which can be ascertained when customs clearance is obtained ( see, inter alia, the judgment of 16 December 1976 in Case 38/76 Luma v Hauptzollamt Duisburg (( 1976 )) ECR 2027, paragraph 7 ). | 0 |
865,938 | 32
It is true that the Court has stated that this principle of interpreting national law in conformity with EU law has certain limits. Thus, the obligation for a national court to refer to EU law when interpreting and applying the relevant rules of domestic law is limited by general principles of law and cannot serve as the basis for an interpretation of national law contra legem (see judgments in Impact, C‑268/06, EU:C:2008:223, paragraph 100; Dominguez, C‑282/10, EU:C:2012:33, paragraph 25; and Association de médiation sociale, C‑176/12, EU:C:2014:2, paragraph 39). | 27 It must therefore be held that by allowing the inclusion in the contract specification for tender for a public works contract of a clause stipulating that the asbestos cement pressure pipes must be certified as complying with Irish Standard 188:1975 in accordance with the Irish Standard Mark Licensing Scheme of the Institute for Industrial Research and Standards, Ireland has failed to fulfil its obligations under Article 30 of the EEC Treaty .
The rejection of the tender providing for the use of the Spanish-made pipes | 0 |
865,939 | 23 That result is arrived at because the rules in question do not allow account to be taken of a reference year outside the period 1981 to 1983 or of a theoretical quantity calculated on the basis of milk deliveries made during a period prior to 1981. As the Court held in Erpelding (paragraph 30), such an exclusion is justified by the need to limit the number of years which may be taken as reference years, in the interests of both legal certainty and the effectiveness of the additional levy system. | 69. That is therefore an argument directed against a ground included in the judgment under appeal purely for the sake of completeness which cannot lead to the judgment being set aside and is thus ineffective (see, in particular, Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 148). | 0 |
865,940 | 41. As can be seen from paragraph 38 above, that list is exhaustive, so that a branch of social security not mentioned in it does not fall within that category even if it confers upon recipients a legally defined position entitling them to benefits (see, inter alia, Case C‑25/95 Otte [1996] ECR I‑3745, paragraph 22, and Molenaar , paragraph 20). | 112. It should also be borne in mind that the statement of reasons thus required is all the more necessary when OHIM decides to reject the evidence submitted out of time. | 0 |
865,941 | 69. This directive thus codified and expressly extended to the principle of equal treatment within the meaning of Directive 76/207 previous case-law according to which the burden of proof, which in principle lies with the worker, may shift when this is necessary to avoid depriving workers who appear to be the victims of discrimination of any effective means of enforcing the principle of equal pay. Accordingly, when a measure distinguishing between employees on the basis of their hours of work has in practice an adverse impact on a substantially greater percentage of members of one or other sex, it is for the employer to show that there are objective reasons which justify the difference in pay that has been found (see Case C-127/92 Enderby [1993] ECR I-5535, paragraphs 13, 14 and 18, and Case C-381/99 Brunnhofer [2001] ECR I-4961, paragraphs 52, 53 and 60). | 56. Thus, as the Advocate General noted in essence in points 30 to 32 of his Opinion, Article 218(6) TFEU establishes symmetry between the procedure for adopting EU measures internally and the procedure for adopting international agreements in order to guarantee that the Parliament and the Council enjoy the same powers in relation to a given field, in compliance with the institutional balance provided for by the Treaties. | 0 |
865,942 | 20. Concerning those two forms of investment, the Court has stated that national measures must be regarded as ‘restrictions’ within the meaning of Article 56(1) EC if they are likely to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see to that effect, in particular, Commission v France , paragraph 41; Case C‑174/04 Commission v Italy [2005] ECR I-4933, paragraphs 30 and 31; and Case C‑265/04 Bouanich [2006] ECR I-923, paragraphs 34 and 35). | 26
As regards the interpretation of clause 5 of the framework agreement, it should be noted that the purpose of that agreement is to implement one of the objectives of that agreement, namely to place limits on successive recourse to fixed-term employment contracts or relationships, regarded as a potential source of abuse to the detriment of workers, by laying down as a minimum a number of protective provisions designed to prevent the status of employees from being insecure (judgments of 4 July 2006, Adeneler and Others, C‑212/04, EU:C:2006:443, paragraph 63; of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraph 73; of 26 January 2012, Kücük, C‑586/10, EU:C:2012:39, paragraph 25; of 13 March 2014, Márquez Samohano, C‑190/13, EU:C:2014:146, paragraph 41; of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 54, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 72). | 0 |
865,943 | 61. It is important to observe in that regard that neither the scale of a share sale, nor the employment in connection with such a sale of consultancy undertakings, can constitute criteria for distinguishing between the activities of a private investor, which fall outside the scope of the Sixth Directive, and those of an investor whose transactions constitute an economic activity (see Wellcome Trust , paragraph 37). | 27. In any event, the order for reference does not set out either the relevant provisions of the code of conduct in question or a description of the interpretative practice adopted by Fnomceo (see, to that effect, Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑1891, paragraph 34). | 0 |
865,944 | 35. In that respect, the principle of the right to be heard, whose observance is ensured by the Court, requires a public authority to hear interested parties before adopting a decision which concerns them (Case C‑315/99 P Ismeri Europea v Court of Auditors [2001] ECR I‑5281, paragraph 28, and Denmark v Commission , paragraph 45). | 34. The ‘free of charge’ requirement attaching to the seller’s obligation to bring the goods into conformity, whether by repair or replacement, is intended to protect consumers from the risk of financial burdens which, as the Advocate General observed in point 49 of her Opinion, might dissuade them from asserting their rights in the absence of such protection. The certain nature of the ‘free of charge’ aspect, which was intentional on the part of the Community legislature, means that the seller cannot make any financial claim in connection with the performance of its obligation to bring into conformity the goods to which the contract relates. | 0 |
865,945 | 17. It must be borne in mind at the outset that the terms used to specify the exemptions in Article 132 of Directive 2006/112 are to be interpreted strictly, as they are a departure from the general principle that VAT is to be paid on each supply of services made for consideration by a taxable person. Nevertheless, the interpretation of those terms must be consistent with the objectives underlying the exemptions and must comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Accordingly, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 132 must be construed in such a way as to deprive the exemptions of their intended effects (see judgments in Horizon College , C‑434/05, EU:C:2007:343, paragraph 16; Commission v Netherlands , C‑79/09, EU:C:2010:171, paragraph 49; Zimmermann , C‑174/11, EU:C:2012:716, paragraph 22; and Klinikum Dortmund , C‑366/12, EU:C:2014:143, paragraphs 26 and 27). | 42. Consequently, the Italian Government cannot complain that the Commission has extended or altered the subject-matter of the action as defined by the pre-litigation procedure. | 0 |
865,946 | 34. To that end, Article 8(1) of the directive provides that cigarettes manufactured in the Community and those imported from non-member countries are to be subject in each Member State to a proportional excise duty calculated on the maximum retail selling price, including customs duties, and also to a specific excise duty calculated per unit of the product ( Commission v Greece , paragraph 19). | 50 The second and third parts of the second question do not call for reply since they assume a different answer to the first part, namely that equal treatment may also be required in relation to benefits payable in respect of periods of service prior to 17 May 1990.
Question 2(4) | 0 |
865,947 | 47. According to settled case-law, the first paragraph of Article 90 EC is infringed where the tax charged on the imported product and that charged on the similar domestic product are calculated in a different manner on the basis of different criteria which lead, if only in certain cases, to higher taxation being imposed on the imported product (see Weigel , paragraph 67, and the case-law cited). However, even if the conditions for such direct discrimination are not met, taxation might be indirectly discriminatory as a result of its effects. | 54. The employer may not render nugatory the right of a worker who has taken parental leave to be transferred to another post, in accordance with the conditions laid down in clause 2.5 of the Framework Agreement on Parental Leave, by offering that worker a post which is due to be abolished. | 0 |
865,948 | 54. By guaranteeing in paragraph (1)(c)(i) that a patient covered by the legislation of one Member State who has been authorised may have access to treatment in the other Member States on reimbursement conditions as favourable as those enjoyed by persons covered by the legislation of those States, and by stating in the second subparagraph of paragraph (2) that the competent national institution may not refuse such authorisation where the two conditions referred to in that provision are satisfied, Article 22 of Regulation No 1408/71 helps to facilitate the free movement of patients and, to the same extent, the provision of cross-border medical services between Member States (see to that effect Vanbraekel , paragraph 32; Inizan , paragraph 21; and Keller , paragraph 46). | 41 By the sixth question the national court wishes to know what effect the draft national Law designed to implement Directive 86/378, on the one hand, and Protocol No 2, on the other hand, may have in the context of the present case. | 0 |
865,949 | 34. The Court has also held that the provision which forms the legal basis of an act and empowers an EU institution to adopt the act must be in force on the date on which the act is adopted (see judgment in ThyssenKrupp v Commission , C‑352/09 P, EU:C:2011:191, paragraph 88). | 32 That conclusion is not invalidated by the fact that the second subparagraph of Article 4(5 ) of the Sixth Directive requires activities to be treated as taxable if their treatment as non-taxable would lead to significant distortions of competition . That limitation placed on the rule of treatment as non-taxable persons is thus only a conditional limitation, and whilst it is true that its application involves an assessment of economic circumstances, that assessment is not exempt from judicial review . | 0 |
865,950 | 30. As the Court has already held, it is legitimate for the national legislature to wish to ensure that there is a real link between the applicant for that allowance and the geographic employment market concerned ( D’Hoop , paragraph 38). | 33 QUE , DANS CES CONDITIONS , IL RESULTE DES OBLIGATIONS ET POUVOIRS MEMES QUE LE DROIT COMMUNAUTAIRE A ETABLIS , SUR LE PLAN INTERNE , DANS LE CHEF DES INSTITUTIONS DE LA COMMUNAUTE , QUE CELLE-CI A COMPETENCE POUR PRENDRE DES ENGAGEMENTS INTERNATIONAUX TENDANT A LA CONSERVATION DES RESSOURCES DE LA MER ; | 0 |
865,951 | 41 As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22, and Case C-226/91 Molenbroek [1992] ECR I-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek, cited above, paragraphs 13 and 19). | 29 In any event, Article 100a, which is the legal basis claimed by the Council, expressly derogates from Article 100. It is thus important to verify whether the Council had the power to issue the contested regulation on the basis of Article 100a of the Treaty. | 0 |
865,952 | 32 It is settled case-law that freedom to provide services, as referred to in Article 59 of the EC Treaty, requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less attractive the activities of a provider of services established in another Member State where he lawfully provides similar services (see, inter alia, Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 56; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33; and Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 21). Pursuant to that rule, freedom to provide services may also be relied on by an undertaking as against the State in which it is established, if the services are provided for persons established in another Member State (see, inter alia, Commission v France, cited above, paragraph 14, and Case C-224/97 Ciola [1999] ECR I-2517, paragraph 11). | 107. Consequently, whilst it was acting on the basis of Article 7(1) of the Basic Regulation in order to end the threat of collapse of the stock of Eastern Atlantic and Mediterranean bluefin tuna as a result of the activity of purse seiners, the Commission deferred until 23 June 2008 the entry into force of the prohibition on fishing solely for Spanish seiners, although that additional time was not objectively justified in view of the objective pursued. | 0 |
865,953 | 33. It follows that there may be a likelihood of confusion, notwithstanding a low degree of similarity between the trade marks, where the goods or services covered by them are very similar and the earlier mark is highly distinctive (see, to that effect, Canon , paragraph 19, and Lloyd Schuhfabrik Meyer , paragraph 21). | 54. From that perspective, the requirement to pass a civic integration examination at a basic level is capable of ensuring that the nationals of third countries acquire knowledge which is undeniably useful for establishing connections with the host Member State. | 0 |
865,954 | 54 It is settled case-law that where the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon in national courts by individuals against the State where the State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly (see, in particular, Case C-236/92 Comitato di Coordinamento per la Difesa della Cava and Others v Regione Lombardia and Others [1994] ECR I-483, paragraph 8). | 10. Under the heading ‘Reproduction’, Article 18 of the CTLIP provides:
‘Reproduction means the fixation of the work on a medium which enables communication of the work and copying of the whole or part of the work.’ | 0 |
865,955 | 11. It suffices to point out, in that regard, that according to settled case-law, 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 (see, inter alia , Case C-148/00 Commission v Italy [2001] ECR I-9823, paragraph 7) and that a Member State cannot rely on provisions, practices or circumstances in its own legal order to justify failure to implement a directive within the prescribed period (see, to that effect, Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 20 and Case C-392/01 Commission v Spain [2002] ECR I-11111, paragraph 9). | 58. That sincere cooperation, however, is exercised within the limits of the powers conferred by the Treaties on each institution. The obligation resulting from Article 13(2) TEU is therefore not such as to change those powers. | 0 |
865,956 | 32. As regards the principle of protection of the legitimate expectations of the beneficiary of the favourable conduct, it is appropriate, first, to determine whether the conduct of the administrative authorities gave rise to a reasonable expectation in the mind of a reasonably prudent economic agent (see, to that effect, Joined Cases 95/74 to 98/74, 15/75 and 100/75 Union nationale des coopératives agricoles de céréales and Others v Commission and Council [1975] ECR 1615, paragraphs 43 to 45, and Case 78/77 Lührs [1978] ECR 169, paragraph 6). If it did, the legitimate nature of this expectation must then be established. | 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). | 0 |
865,957 | 59 The Court stated in paragraph 51 of Försäkringsaktiebolaget Skandia that there is a risk that certain investments might compromise the solvency of insurance undertakings, but that, in order to guard against such a risk, it is for the national supervisory authorities of the home Member State to maintain, in accordance with Article 13 et seq. of Directive 73/239, financial supervision of insurance undertakings. | 23. Furthermore, to the extent that, by the first part of its first plea in law the Spanish Government seeks to dispute the need for the contested measures by questioning their effectiveness, it must be stated that the Commission enjoys a considerable power of discretion in circumstances such as those of the present case where it is necessary to evaluate both a complex situation and the nature or scope of the measures to be taken. Accordingly, in reviewing the exercise of such a power, the Court must confine itself to examining whether there has been a manifest error or misuse of power or whether the authority in question has clearly exceeded the bounds of its discretion (see to that effect, in particular, Case C-4/96 NIFPO and Northern Ireland Fishermen’s Federation [1998] ECR I-681, paragraphs 41 and 42; Case C-179/95 Spain v Council [1999] ECR I-6475, paragraph 29, and Case C-120/99 Italy v Council [2001] ECR I-7997, paragraph 44). | 0 |
865,958 | 46. In the present case, it is for the national court, as far as is at all possible, to interpret the domestic provisions establishing the limitation period in a manner which accords with the objective of Directive 89/665 (see, to that effect, Case C‑327/00 Santex [2003] ECR I‑1877, paragraph 63, and Lämmerzahl , paragraph 62). | 25 AS A REFERENCE TO A SET OF LEGISLATIVE PROVISIONS EFFECTIVELY APPLIED BY THE COUNTRY OF ESTABLISHMENT TO ITS OWN NATIONALS, THIS RULE IS, BY ITS ESSENCE, CAPABLE OF BEING DIRECTLY INVOKED BY NATIONALS OF ALL THE OTHER MEMBER STATES . | 0 |
865,959 | 39. Secondly, the recovery of sums lost as a result of an irregularity or negligence does not apply only where the operation being financed by Structural Funds has not been carried out in whole or in part (see, to that effect, Case C‑240/03 P Comunità montana della Valnerina v Commission [2006] ECR I‑731, paragraph 77). | 77. Secondly, CMV’s argument that the mere fact that the project was implemented justifies the costs in question cannot be accepted. The Court of Justice has already ruled that measures set out in Article 24 of Regulation No 4253/88 for withdrawing financial assistance and recovering sums unduly paid are not reserved for breaches that compromise the implementation of the project concerned or entail a significant change affecting the nature and very existence of the project (see, to that effect, the order in Vela and Tecnagrind v Commission , paragraphs 129 to 134). Consequently, the Court of First Instance was right to rule, in paragraph 94 of the judgment under appeal, that it cannot be argued that the penalties provided for by that provision apply only where the operation being financed has not been carried out in whole or in part. | 1 |
865,960 | 19. It must for that reason be accepted that Article 9(1)(c) of the regulation also benefits a Community trade mark with a reputation in respect of goods or services similar to those for which that mark is registered ( Davidoff , by way of analogy, paragraph 30).
The first question | 121. The general principle of Community law that everyone is entitled to a fair hearing, and in particular the right to legal process within a reasonable period, is applicable in the context of proceedings brought against a Commission decision imposing fines on an undertaking for infringement of competition law (Baustahlgewebe , paragraph 21, and Limburgse Vinyl Maatschappij , paragraph 179). | 0 |
865,961 | 34. According to settled case-law, aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty (see Case 352/85 Bond van Adverteerders and Others [1988] ECR 2085, paragraph 34, Case C-288/89 Collectieve Antennevoorziening Gouda [1991] ECR I-4007, paragraph 11, Case C-398/95 SETTG [1997] ECR I-3091, paragraph 23, Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 48, and Case 388/01 Commission v Italy [2003] ECR I-721, paragraph 22). | 19AN OPPORTUNITY FOR PROMOTION IS OPEN TO THE APPLICANTS , SINCE THEY ARE COVERED BY THE TERMS OF THE ' ' GENERAL PROVISIONS TO GIVE EFFECT TO THE PROCEDURE FOR PROMOTING STAFF PAID FROM RESEARCH APPROPRIATIONS ' ' ( ADMINISTRATIVE NOTICES NO 197 OF 28 APRIL 1978 ) WHICH APPLY TO ' ' TEMPORARY STAFF HOLDING CONTRACTS ' ' .
| 0 |
865,962 | 38. With regard, more specifically, to the justifications which are capable of being accepted, the Court has observed that the objectives pursued by national legislation adopted in the area of betting and gaming, considered as a whole, usually concern the protection of the recipients of the services in question and of consumers more generally, and the protection of society. It has also held that such objectives are amongst the overriding reasons in the public interest capable of justifying obstacles to the freedom to provide services (Joined Cases C‑316/07, C‑358/07 to C‑360/07, C‑409/07 and C‑410/07 Stoß and Others [2010] ECR I‑0000, paragraph 74 and case-law cited). | 16 As regards the argument concerning the accession of the Kingdom of Spain to the Community on 1 January 1986, it must be stated that the objective fact of accession cannot in itself produce legal effects, since the conditions of accession are set out in the Act of Accession. | 0 |
865,963 | 38. It follows that, with that sole reservation, contracts of employment or employment relationships existing on the date of the transfer referred to in Article 3(1) of Directive 77/187 between the transferor and the workers assigned to the undertaking transferred are automatically transferred from the transferor to the transferee by the mere fact of the transfer of the undertaking (see D’Urso , cited above, paragraph 20, and Case C-305/94 Rotsart de Hertaing [1996] ECR I-5927, paragraph 18). | 18 It follows that in the event of the transfer of an undertaking the contract of employment or employment relationship between the staff employed by the undertaking transferred may not be maintained with the transferor and is automatically continued with the transferee (Case C-362/89 D' Urso and Others v Ercole Marelli Elettromecanica Generale and Others [1991] ECR I-4105, paragraph 12). The Court concluded that the contracts of employment and employment relationships existing on the date of the transfer of an undertaking between the transferor and the workers employed in the undertaking transferred are automatically transferred to the transferee by the mere fact of the transfer (D' Urso, paragraph 20). | 1 |
865,964 | 48. The members of a migrant worker’s family are the indirect recipients of the equal treatment granted to the worker under Article 7(2) of Regulation No 1612/68. Since the grant of funding for studies to a child of a migrant worker constitutes a social advantage for the migrant worker, the child may himself rely on that provision in order to obtain the funding if, under national law, such funding is granted directly to the student. For the migrant worker, however, that benefit constitutes a social advantage for the purposes of that provision only inasmuch as he continues to support his descendant (Case 316/85 Lebon [1987] ECR 2811, paragraphs 12 and 13, and Bernini , paragraphs 25 and 26). | 13 IT FOLLOWS THAT, WHERE A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE WAS EMPLOYED WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AND EXERCISED THE RIGHT TO REMAIN THERE, HIS DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON HIM MAY NOT RELY ON THE RIGHT TO EQUAL TREATMENT GUARANTEED BY COMMUNITY LAW IN ORDER TO CLAIM A SOCIAL BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE HOST MEMBER STATE AND GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE . IN THE CIRCUMSTANCES, THAT BENEFIT DOES NOT CONSTITUTE FOR THE WORKER A SOCIAL ADVANTAGE WITHIN THE
MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, INASMUCH AS HE IS NO LONGER SUPPORTING HIS DESCENDANT . | 1 |
865,965 | 17 In this connection, the Court has held, in Case C-43/95 Data Delecta and Forsberg v MSL Dynamics [1996] ECR I-4661, paragraph 15, and in Case C-323/95 Hayes v Kronenberger [1997] ECR I-1711, paragraph 17, that such a rule of domestic procedure falls within the scope of application of the Treaty within the meaning of the first paragraph of Article 6, where the main proceedings relate to the exercise of the fundamental freedoms guaranteed by Community law, such as, in those cases, proceedings to recover payment for the supply of goods. | 15 It must therefore be held that a rule of domestic civil procedure, such as the one at issue in the main proceedings, falls within the scope of the Treaty within the meaning of the first paragraph of Article 6 and is subject to the general principle of non-discrimination laid down by that article in so far as it has an effect, even though indirect, on trade in goods and services between Member States. Such an effect is liable to arise in particular where security for costs is required where proceedings are brought to recover payment for the supply of goods.
Discrimination within the meaning of the first paragraph of Article 6 of the Treaty | 1 |
865,966 | 24 The purpose of the procedure is therefore, as the Advocate General pointed out at point 42 of his Opinion, to bring about a change in behaviour on the part of the recalcitrant State, and not to record in abstracto that a failure existed in the past (see, as regards the procedure for failure to fulfil obligations under Article 226 EC, Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraphs 9 to 13). | 54. According to the settled case-law of the Court, a provision in an agreement concluded by the Community with a non-member country must be regarded as being directly applicable when, regard being had to its wording and to the purpose and nature of the agreement, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure (see, inter alia , Case 12/86 Demirel [1987] ECR 3719, paragraph 14; and the judgments, cited above, in Kziber , paragraph 15; Eddline El-Yassini , paragraph 25; Sürül , paragraph 60; and Pokrzeptowicz-Meyer , paragraph 19). | 0 |
865,967 | 51. A pecuniary charge constitutes internal taxation within the meaning of Article 110 TFEU if it relates to a general system of internal dues applied systematically to categories of products in accordance with objective criteria applied irrespective of the origin or destination of the products (see, inter alia, judgments in Koornstra , C‑517/04, EU:C:2006:375, paragraph 16, and in Stadtgemeinde Frohnleiten and Gemeindebetriebe Frohnleiten , C‑221/06, EU:C:2007:657, paragraph 31). | 28. Il convient de préciser à cet égard, en premier lieu, que, lorsqu’un acte réglementaire comporte des mesures d’exécution, le contrôle juridictionnel du respect de l’ordre juridique de l’Union est assuré indépendamment de la question de savoir si lesdites mesures émanent de l’Union ou des États membres. Les personnes physiques ou morales ne pouvant pas, en raison des conditions de recevabilité prévues à l’article 263, quatrième alinéa, TFUE, attaquer directement devant le juge de l’Union un acte réglementaire de l’Union sont protégées contre l’application à leur égard d’un tel acte par la possibilité d’attaquer les mesures d’exécution que cet acte comporte. | 0 |
865,968 | 21. For a taxable person to be accorded the right to deduct input VAT, and in order to determine the extent of that right, the existence of a direct and immediate link between a particular input transaction and an output transaction or transactions giving rise to the right to deduct is, in principle, necessary (see Case C‑98/98 Midland Bank [2000] ECR I‑4177, paragraph 24, and Case C‑408/98 Abbey National [2001] ECR I‑1361, paragraph 26). | 24 The answer to the first question must therefore be that Article 2 of the First Directive and Article 17(2), (3) and (5) of the Sixth Council Directive must be interpreted as meaning that, in principle, the existence of a direct and immediate link between a particular input transaction and a particular output transaction or transactions giving rise to entitlement to deduct is necessary before the taxable person is entitled to deduct input VAT and in order to determine the extent of such entitlement.
The second question | 1 |
865,969 | 56
Moreover, it follows from the Court’s case-law that the differentiation in the amounts of the fine, which the principle of equal treatment between undertakings requires, need not necessarily be undertaken in the context of setting the multipliers for the ‘gravity of the infringement’ and the ‘additional amount’, in view of the broad discretion enjoyed by the Commission in calculating the fine. The differences and circumstances particular to the undertakings concerned may, if need be, be taken into account at another stage in calculating the fine, such as in the context of adjusting the basic amount in the light of aggravating and mitigating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105), or in the context of the value of sales taken into account in calculating the basic amount of the fine, inasmuch as that value reflects, for each participating undertaking, the extent of its participation in the infringement in question, in accordance with point 13 of the 2006 Guidelines. | 142. Such clauses prohibit the broadcasters from effecting any cross-border provision of services that relates to those matches, which enables each broadcaster to be granted absolute territorial exclusivity in the area covered by its licence and, thus, all competition between broadcasters in the field of those services to be eliminated. | 0 |
865,970 | 19. It must be recalled that, according to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force (see, in particular, Joined Cases 212/80 to 217/80 Salumi and Others [1981] ECR 2735, paragraph 9; Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22; and Case C-61/98 De Haan [1999] ECR I‑5003, paragraph 13). | 5 UNDER THAT FORMULATION, THE JURISDICTION OF THE COURT CANNOT BE LIMITED BY THE GROUNDS ON WHICH THE VALIDITY OF THOSE MEASURES MAY BE CONTESTED . | 0 |
865,971 | 32. As a preliminary point, it ought to be noted that estimated consumption for the coming year is one of two elements which the institutions must take into account in determining whether a situation of deficit or of surplus is to be foreseen for a particular area. As a matter of fact, there is a deficit for the purposes of Regulation No 1785/81 when total available production falls short of consumption (see Case C-289/97 Eridania [2000] ECR I-5409, paragraph 46, and Italy v Council , paragraph 76). | 87
As regards treatment in the host Member State, the case-law of the Court holds that since the second sentence of the first paragraph of Article 49 TFEU expressly leaves economic operators free to choose the appropriate legal form in which to pursue their activities in another Member State, that freedom of choice must not be limited by discriminatory tax provisions (judgment of 7 September 2017, Eqiom and Enka, C‑6/16, EU:C:2017:641, paragraph 53 and the case-law cited). | 0 |
865,972 | 125. With regard to judicial review of the conditions referred to in the previous paragraph, in so far as adoption by the Commission of a directive or a regulation entails political, economic and social choices on its part, in which it is called upon to undertake complex assessments, it must be stated that the Commission has a broad discretion in that respect, so that judicial review of the legality of those acts is necessarily limited. The legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the Commission is seeking to pursue (see, to this effect, Afton Chemical , paragraph 46 and the case-law cited). | 59. Dès lors que l’article 91, paragraphe 12, du règlement n° 1623/2000 ne reflète pas un changement d’appréciation du législateur de l’Union quant au caractère adéquat du régime de sanction qui avait été spécifiquement défini à l’article 5 du règlement n° 360/95 en lien avec la vente de deux lots déterminés d’alcool, le principe d’application rétroactive de la sanction la moins sévère, tel qu’énoncé à l’article 2, paragraphe 2, du règlement n° 2988/95, ne saurait être utilement invoqué (voir, en ce sens, arrêt Jager, précité, point 70). | 0 |
865,973 | 72. For an argument based on such a justification to succeed, however, the Court requires a direct link between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (Case C‑484/93 Svensson and Gustavsson [1995] ECR I‑3955, paragraph 18; ICI , paragraph 29; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 42; and Keller Holding , paragraph 40), with the direct nature of that link falling to be examined in the light of the objective pursued by the rules in question ( Manninen , paragraph 43; Deutsche Shell , paragraph 39; and Case C‑418/07 Papillon [2008] ECR I‑0000, paragraph 44). | 18 In those cases there was a direct link between the deductibility of the contributions and the tax on the sums payable by the insurers under death and old-age insurance policies, a link which had to be preserved in order to preserve the integrity of the relevant fiscal regime, whereas there is no direct link whatsoever in this case between the grant of the interest rate subsidy to borrowers on the one hand and its financing by means of the profit tax on financial establishments on the other. | 1 |
865,974 | 86
The General Court’s finding that there is a lack of evidence of the appellants’ participation in the compensation mechanism and the monitoring system is not capable, in accordance with the first paragraph of Article 264 TFEU, of leading to the annulment of the contested decision in its entirety, since those elements were ancillary components of the infringement in question. The fact that the Commission failed to adduce evidence of such participation on the part of the appellants does not alter the substance of the contested decision, in so far as the single and continuous infringement established by the Commission consists, as is apparent from paragraphs 12 and 13 of the present judgment, essentially of two groups of principal infringements, namely market sharing and price coordination (see, to that effect, judgment in Commission v Verhuizingen Coppens, C‑441/11 P, EU:C:2012:778, paragraphs 36 to 38). | 33. It its judgment in Specht and Others (C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005), the Court was required to consider questions which are, for all essential purposes, the same as Questions 2 and 3 in the present case and, as a consequence, the reply given by the Court in that judgment may be fully transposed to the questions referred by the national court in the main proceedings. | 0 |
865,975 | 49. A profession must therefore be regarded as regulated, within the meaning of Directive 89/48, where access to, or pursuit of, the professional activity in question is governed by laws, regulations or administrative provisions that create a system under which that professional activity is expressly reserved for those who fulfil certain conditions and access to it is prohibited to those who do not fulfil them (Case C-164/94 Aranitis [1996] ECR I-135, paragraph 19, and Fernández de Bobadilla , paragraph 17). | 48. Concerning the allegedly disproportionate nature of the fine, it should be remembered that it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-219/95 P Ferriere Nord v Commission [1997] ECR I-4411, paragraph 31; Baustahlgewebe , paragraph 129). | 0 |
865,976 | 54. According to settled case-law, the duty incumbent upon the General Court under Article 36 of the Statute of the Court of Justice, applicable to the General Court under the first paragraph of Article 53 of that Statute, and under Article 81 of the Rules of Procedure of the General Court, to state reasons for its judgments does not require the General Court to provide an account that follows exhaustively and one by one all the arguments articulated by the parties to the case. The reasoning of the General Court may therefore be implicit, on condition that it enables the persons concerned to know the reasons why that Court has not upheld their arguments and that it provides the Court of Justice with sufficient material for it to exercise its powers of review (see, inter alia, judgments in Edwin v OHIM , C‑263/09 P, EU:C:2011:452, paragraph 64, and Isdin v Bial-Portela , C‑597/12 P, EU:C:2013:672, paragraph 21 and the case-law cited). | 16. The objective pursued by Directive 91/271 therefore goes beyond the mere protection of aquatic ecosystems and attempts to conserve man, fauna, flora, soil, water, air and landscapes from any significant harmful effects of the accelerated growth of algae and higher forms of plant life resulting from discharges of urban waste water. | 0 |
865,977 | 50 In that regard, it should be pointed out that the principle of equality of treatment laid down in Article 5(3) of the Staff Regulations is a general rule forming part of the law applicable to the Community civil service. Discrimination contrary to that rule occurs where identical or comparable situations are treated in an unequal way and the discrimination is not objectively justified (see, in that regard, Joined Cases 198/81 to 202/81 Micheli and Others v Commission [1982] ECR 4145, paragraphs 5 and 6; for the conditions of recruitment, see Joined Cases 66/83 to 68/83 and 136/83 to 140/83 Hattet and Others v Commission [1985] ECR 2459, paragraph 24, and Case 119/83 Appelbaum v Commission [1985] ECR 2423, paragraph 25). | 37. Where a Member State has decided, pursuant to a provision in Article 5(2) and (3) of Directive 2001/29, to exclude, from the material scope of that provision, any right for the rightholders to authorise reproduction of their protected works or other subject-matter, any authorising act the rightholders may adopt is devoid of legal effects under the law of that State. Consequently, such an act has no effect on the harm caused to the rightholders due to the introduction of the relevant measure depriving them of that right, and cannot therefore have any bearing on the fair compensation owed, whether it is provided for on a compulsory or an optional basis, under the relevant provision of that directive. | 0 |
865,978 | 57
Admittedly, the Court ruled in its judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988, paragraphs 13 to 16, 31 and 36), that a tenderer whose offer had been excluded by the contracting authority from a public procurement procedure could be refused access to a review of the decision awarding the public contract. However, the decision to exclude that tenderer had, in that case, been confirmed by a decision that had the force of res judicata before the court hearing the review of the contract award decision gave its decision, so that that tenderer had to be regarded as definitively excluded from the public procurement procedure at issue. | 50. It is apparent from both the letter and the spirit of Article 3(1) of Directive 2001/29 and Article 8 of the WIPO Copyright Treaty – both of which require authorisation by the author not for retransmissions in a public place or one which is open to the public but for communications by which the work is made accessible to the public – that the private or public nature of the place where the communication takes place is immaterial. | 0 |
865,979 | 47. That conclusion cannot be called into question by the Belgian Government’s argument that the Code does not constitute a restriction inasmuch as there is an objective difference between the situations of residents and non-residents as regards the assessment of inheritance and transfer duties, since only the Member State in which the person whose estate is being administered was residing can, logically, be in a position to take account, in the assessment of inheritance tax, of all components of the estate: assets, liabilities, movable property and immovable property. That circumstance is irrelevant in the light of the criteria resulting from the case-law referred to in paragraphs 43 and 44 of the present judgment (see also, to that effect, Jäger , paragraph 34). | 18 The power to derogate, which is strictly limited to the latter situation, is based on the notion that in certain circumstances and because of the legal situation prevailing in the Member State concerned, non-payment of consideration may be difficult to establish or may only be temporary. It follows that the exercise of that power must be justified if the measures taken by the Member States for its implementation are not to undermine the objective of fiscal harmonization pursued by the Sixth Directive. | 0 |
865,980 | 29
The legislation of a Member State under which the application of an exemption from inheritance tax depends on the place of residence of the deceased person or of the beneficiary at the time of the death, in the case where it leads to inheritances involving non-residents being subject to a higher tax liability than those involving residents alone, constitutes a restriction on the free movement of capital (see, to that effect, judgments of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraphs 25 and 26, and of 3 September 2014 in Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraph 58). | 60. It must be borne in mind that 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, 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 Court’s jurisdiction is confined to review of the findings of law on the pleas argued before the Court of First Instance (see, in particular, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 59, Case C‑7/95 P John Deere v Commission [1998] ECR I‑3111, paragraph 62, and Case C‑217/01 P Hendrickx v Cedefop [2003] ECR I‑3701, paragraph 37). | 0 |
865,981 | 27 It is settled law that the prohibition of quantitative restrictions and of all measures having equivalent effect applies not only to national measures but also to measures adopted by the Community institutions (see in particular to this effect Case 15/83 Denkavit Nederland v Hoofdproduktschap voor Akkerbouwprodukten [1984] ECR 2171, paragraph 15, and Case C-51/93 Meyhui v Schott Zwiesel Glaswerke [1994] ECR I-3879, paragraph 11). | 55. As regards the legislation at issue in the main proceedings, it should be pointed out that, in accordance with Paragraph 1 of the Law on notaries, the latter are required, in particular, to brief the parties in procedures falling within their remit, to assist them in the exercise of their rights and fulfilment of their obligations in order to prevent any litigation. | 0 |
865,982 | 11 It is enough to observe in this regard that the Court has consistently held that the incompatibility of national legislation with Community provisions, even provisions which are directly applicable, can be finally remedied only by means of national provisions of a binding nature which have the same legal force as those which must be amended, and that the provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity required in order to satisfy the requirement of legal certainty, under which, in the case of a directive intended to confer rights on individuals, persons concerned must be enabled to ascertain the full extent of their rights (Case C-197/96 Commission v France [1997] ECR I-1489, paragraphs 14 and 15). | 25 THE RESULT IS THAT THE DEFENDANT MAY BE SUED , AT THE OPTION OF THE PLAINTIFF , EITHER IN THE COURTS FOR THE PLACE WHERE THE DAMAGE OCCURRED OR IN THE COURTS FOR THE PLACE OF THE EVENT WHICH GIVES RISE TO AND IS AT THE ORIGIN OF THAT DAMAGE .
| 0 |
865,983 | 24. In that regard, it is sufficient to point out that, in accordance with settled case-law, the Court has jurisdiction to rule on questions referred by the national court even where the facts of the proceedings before that court fall outside the scope of EU law, provided that, in regulating situations not covered by EU law, the domestic legislation has adopted the same solutions as those adopted under EU law. The Court has consistently held that the legal order of the European Union clearly has an interest in ensuring that, in order to forestall future divergences of interpretation, every provision of EU law is interpreted uniformly, irrespective of the circumstances in which that provision is to apply (see, to that effect, inter alia, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑379, paragraphs 15 to 19; Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19; and Case C-205/09 Eredics and Sápi [2010] ECR I-0000, paragraph 33). | 6 As the Court has consistently held in judgments concerning the implementation of directives, mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State' s obligations under the Treaty (judgment in Case 168/85 Commission v Italy [1986] ECR 2945, paragraph 13). | 0 |
865,984 | 79. That must be the case, in particular, when that aspect is the taking into account of interactions between the relevant market and a different related market (see, by analogy, judgment in Delimitis , C‑234/89, EU:C:1991:91, paragraphs 17 to 23, and judgment in Allianz Hungária Biztosító and Others (EU:C:2013:160), paragraph 42) and, all the more so, when, as in the present case, there are interactions between the two facets of a two-sided system. | 28. À cet égard, il y a lieu de relever, d’une part, que, par leur premier argument, les requérantes au principal, en substance, invitent la Cour à se prononcer sur la question de la portée juridique d’une note complémentaire d’un chapitre de la NC aux fins de déterminer le classement d’une marchandise dans une position à quatre chiffres de la NC. Cependant, dès lors que la juridiction de renvoi n’a posé aucune question à ce sujet, comme les requérantes au principal l’ont d’ailleurs admis à l’audience en reconnaissant que cette question sort du cadre de celles posées par cette juridiction, il n’y a pas lieu pour la Cour de se prononcer sur ce point (voir arrêt du 14 décembre 2000, AMID, C‑141/99, Rec. p. I‑11619, point 18 et jurisprudence citée). | 0 |
865,985 | 41 As regards a possible abuse of freedom of establishment, the Riksskatteverket points out that the only reason for the share transfer transaction proposed by the applicants in the main proceedings is the tax advantage to be gained thereby and that there were strong tax evasion reasons for the transaction, as is clear not least from the fact that X and Y referred a question to the competent tax tribunal in the first place as to whether the proposed transaction was to be regarded as tax evasion. In the circumstances, the Riksskatteverket, citing Case C-212/97 Centros [1999] ECR I-1459, paragraph 24, in support, takes the view that, according to the case-law of the Court, the Kingdom of Sweden is entitled to take measures designed to prevent certain of its nationals from attempting, under cover of the rights created by the Treaty, improperly to circumvent their national legislation or to prevent individuals from improperly or fraudulently taking advantage of provisions of Community law. | 98. Therefore, as regards a portrait photograph, the protection conferred by Article 2(a) of Directive 2001/29 cannot be inferior to that enjoyed by other works, including other photographic works. | 0 |
865,986 | 26. From the outset, it should be borne in mind that, according to settled case-law, in proceedings brought under Article 226 EC for failure to fulfil obligations, it is incumbent upon the Commission to prove the allegation that an obligation has not been fulfilled. It is the Commission’s responsibility to place before the Court the information required 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 290/87 Commission v Netherlands [1989] ECR 3083, paragraphs 11 and 12, and Case C‑241/08 Commission v France [2010] ECR I‑0000, paragraph 22). | 11 That argument cannot by itself provide grounds for a declaration that a Member State has failed to fulfil its obligations; in proceedings brought under Article 169 of the Treaty the Commission is required to prove the allegation that the obligation has not been fulfilled and may not rely on any presumption ( see the judgment of the Court of 25 May 1982 in Case 96/81 Commission v Kingdom of the Netherlands (( 1982 )) ECR 1791, in particular paragraph 6 ). | 1 |
865,987 | 108. Furthermore, the Court has already held that, where, in economic terms, the alteration of the market conditions which gives rise to an advantage given indirectly to certain undertakings is the consequence of the public authorities’ loss of revenue, even the fact that investors then take independent decisions does not mean that the connection between the loss of revenue and the advantage given to the undertakings in question has been eliminated (see, to that effect, Germany v Commission , paragraphs 25 to 28). | 74. Thus, clause 5(1) of the Framework Agreement requires Member States, in order to ‘prevent abuse arising from the use of successive fixed-term employment contracts or relationships’, to adopt one or more of the measures listed where domestic law does not include ‘equivalent legal measures’ to prevent such abuse. The measures listed in clause 5(1)(a) to (c), of which there are three, relate, respectively, to objective reasons justifying the renewal of such contracts or relationships, the maximum total duration of successive fixed-term employment contracts or relationships, and the number of renewals of such contracts or relationships (see Case C‑268/06 Impact [2008] ECR I‑2483, paragraph 69, and order in Vassilakis and Others , paragraph 80). | 0 |
865,988 | 34
According to the Court’s settled case-law, that provision provides for the mutual recognition, without any formality, of driving licences issued by Member States (see, to that effect, judgments of 1 March 2012, Akyüz, C‑467/10, EU:C:2012:112, paragraph 40; of 26 April 2012, Hofmann, C‑419/10, EU:C:2012:240, paragraphs 43 and 44; and of 23 April 2015, Aykul, C‑260/13, EU:C:2015:257, paragraph 45). | 40. In that respect, it must be noted that, according to the Court’s settled case-law, Article 1(2) of Directive 91/439 provides for the mutual recognition, without any formality, of driving licences issued by Member States. That provision imposes on those Member States a clear and precise obligation which leaves no room for discretion as to the measures to be adopted in order to comply with it (see, inter alia, Case C‑321/07 Schwarz [2009] ECR I‑1113, paragraph 75, and Case C‑184/10 Grasser [2011] ECR I‑0000, paragraph 19). It must be stated that the same is true as regards Article 2(1) of Directive 2006/126, whose wording is the same as that of Article 1(2) of Directive 91/439. | 1 |
865,989 | 45. The Court, for its part, has always emphasised that the public policy exception is a derogation from the fundamental principle of freedom of movement for persons which must be interpreted strictly and that its scope cannot be determined unilaterally by the Member States ( Rutili , paragraph 27; Bouchereau , paragraph 33; Calfa , paragraph 23; and Joined Cases C-482/01 and C-493/01 Orfanopoulos and Oliveri [2004] ECR I-5257, paragraphs 64 and 65). | 15. An advertiser cannot be regarded as taking unfair advantage of the reputation of the distinguishing marks of his competitor if effective competition on the relevant market is conditional upon a reference to those marks (see Toshiba Europe , cited above, paragraph 54). | 0 |
865,990 | 36. The different treatment afforded to those workers under the Spanish legislation, in so far as claims relating to compensation for unfair dismissal are payable by Fogasa only if they have been determined by a judgment or administrative decision, can thus be accepted only if it is objectively justified (see, to that effect, Rodríguez Caballero , paragraph 34). | 29. By referring to the Open Skies judgments in its originating application the Commission merely intended to set out the most recent case-law relating to the principles governing the exclusive external competence of the Community, without extending, modifying or even limiting the subject-matter of the dispute, as defined in the reasoned opinion of 28 February 2000. | 0 |
865,991 | 17 It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, effectively to put forward its defence to the complaints made by the Commission. The subject-matter of an action brought under Article 169 of the Treaty is thus delimited by the pre-litigation procedure provided for by that article. Consequently, the action cannot be founded on any complaints other than those formulated in the reasoned opinion (Case C-96/95 Commission v Germany [1997] ECR I-1653, paragraphs 22 and 23). | 22 On that point, it should be noted first that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the complaints made by the Commission (Case 293/85 Commission v Belgium [1988] ECR 305, paragraph 13). | 1 |
865,992 | 101. As regards the argument relied on in support of the fifth ground of appeal, it should be observed that the General Court pointed out, at paragraph 301 of the judgment under appeal, that, on the basis of the Commission’s estimates, the aid at issue amounted to between EUR 798 million and EUR 1 140 million. Since those figures delimit the range within which the final amount was to be established, the General Court found, referring in particular to paragraphs 31 to 40 of Commission v France, that the contested decision contained the appropriate information to enable that amount to be determined without too much difficulty. | 19 Moreover, a provision is sufficiently precise to be relied on by an individual and applied by a national court where it sets out an obligation in unequivocal terms (Case 152/84 Marshall [1986] ECR 723 and Case 71/85 Netherlands v Federatie Nederlandse Vakbeweging [1986] ECR 3855). | 0 |
865,993 | 91. As regards alleged infringement of the principle of equal treatment, it must be observed, first of all, that each case must in principle be assessed individually to determine whether, as regards operations financed by the EAGGF, the Member State in question, acted in accordance with the requirements of Community law and, if it failed to do so, to what extent (Case C‑242/97 Belgium v Commission [2000] ECR I‑3421, paragraph 129, and Case C‑263/98 Belgium v Commission [2001] ECR I‑6063, paragraph 132). | 42 As for the second limb of the first plea, it is clear from the actual wording of Article 41 of the EC Statute of the Court of Justice that, in order for an application for revision to be admissible, the fact relied on must have been unknown to the party claiming revision when the judgment was given. The Court of First Instance was therefore perfectly correct in holding that since that condition was not satisfied there was no need to ascertain whether the facts relied on were new. | 0 |
865,994 | 81. In accordance with the Court’s settled case-law, a practice of a Member State which is contrary to European Union rules cannot give rise to a legitimate expectation on the part of an individual who benefits from that situation (see, to that effect Case 5/82 Maizena [1982] ECR 4601, paragraph 22, and Joined Cases C-31/91 to C-44/91 Lageder and Others [1993] ECR I-1761, paragraph 34). It follows that the conduct of a national authority responsible for applying European Union law, which acts in breach of that law, cannot give rise to a legitimate expectation on the part of an individual of beneficial treatment contrary to European Union law (see Case C-153/10 Sony Supply Chain Solutions (Europe) [2011] ECR I-2775, paragraph 47 and case-law cited). | 9 It is apparent from the reference for a preliminary ruling that under Netherlands law an oproepcontract is a means of recruiting workers in sectors, such as the hotel trade, where the volume of work is subject to seasonal variations. Under such a contract, no guarantee is given as to the hours to be worked and, often, the person involved works only a very few days per week or hours per day. The employer is liable to pay wages and grant social advantages only in so far as the worker has actually performed work. Furthermore, the Netherlands Government stated at the hearing that under such an oproepcontract the employee is not obliged to heed the employer' s call for him to work. | 0 |
865,995 | 51. It is for the national court, which alone has jurisdiction to assess the facts and to interpret the national legislation, to determine whether that is so. It is necessary in that regard to ascertain, in the light of all the relevant factors and taking into account the possibility of achieving by other means the aims pursued by the provisions in question, whether such aims appear to be unrelated to any discrimination based on sex and whether those provisions, as a means to the achievement of certain aims, are capable of advancing those aims (see, in that regard, Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, paragraph 72). | 22. At the outset, it should be stated that the Treaty provisions relating to freedom to provide services apply to a situation such as that in the main proceedings. | 0 |
865,996 | 59. The Member States are therefore free to set the objectives of their policy on betting and gambling and, where appropriate, to define in detail the level of protection sought. However, the restrictive measures that they impose must satisfy the conditions laid down in the case-law of the Court as regards their proportionality ( Placanica and Others , paragraph 48). | 114. S’agissant de la première condition, à savoir la qualité d’organisme public, la Cour a déjà précisé qu’une activité exercée par un particulier n’est pas exclue de la TVA du seul fait qu’elle consiste dans l’accomplissement d’actes relevant de prérogatives de l’autorité publique (arrêts précités Commission/Pays-Bas, point 21, et Ayuntamiento de Sevilla, point 19, ainsi que ordonnance Mihal, précitée, point 17). | 0 |
865,997 | 66. Finally, the Court has repeatedly held that, unlike workers from the Member States, Turkish nationals are not entitled to freedom of movement within the Community but can rely only on certain rights in the territory of the host Member State alone (see, in that regard, in particular, Case C-171/95 Tetik [1997] ECR I‑329, paragraph 29; Case C-37/98 Savas [2000] ECR I-2927, paragraph 59; and Wählergruppe Gemeinsam , paragraph 89). | 46. Relevant considerations in this respect include factors such as the seriousness of the infringement, and the length of time for which the breach of obligations complained of has persisted since the judgment establishing it was delivered (see, to that effect, Commission v Spain , paragraph 144). | 0 |
865,998 | 24. However, according to the case-law of the Court, such a difference in treatment may be justified by three overriding reasons in the public interest, taken together, that is to say, by the need to preserve the balanced allocation of powers of taxation between the Member States, the need to prevent the double use of losses and the need to combat tax avoidance (see, to that effect, judgments in Marks & Spencer , EU:C:2005:763, paragraph 51; Oy AA , C‑231/05, EU:C:2007:439, paragraph 51; and A , C‑123/11, EU:C:2013:84, paragraph 46). | 14. En second lieu, ainsi qu’il résulte d’une jurisprudence constante, les mesures interdites par l’article 63, paragraphe 1, TFUE, en tant que restrictions aux mouvements de capitaux, comprennent celles qui sont de nature à dissuader les non‑résidents de faire des investissements dans un État membre ou à dissuader les résidents dudit État membre d’en faire dans d’autres États (voir, notamment, arrêt du 8 novembre 2012, Commission/Finlande, C‑342/10, non encore publié au Recueil, point 28 et jurisprudence citée). | 0 |
865,999 | 32. First of all, it should be borne in mind that it is not for the Court to assign a legal classification to the actions brought by the plaintiffs before the national court claiming reimbursement of a duty unduly paid or claiming compensation for damage suffered (see Joined Cases C‑397/98 and C‑410/98 Metallgesellschaft and Others [2001] ECR I‑1727, paragraph 81, and Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraph 201), and that an action for damages may coexist with an action for the recovery of sums unduly paid (see, to that effect, Comateb and Others , paragraph 34). | 36. In this connection, it must be observed that, under Article 2(a) and (c) of the Framework Directive, ‘electronic communications service’ means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, but excluding services providing, or exercising editorial control over, content transmitted using electronic communications networks, including cable television networks, and services. That article of the Framework Directive also specifies that the concept of ‘electronic communications service’ does not include information society services, as defined in Article 1 of Directive 98/34, which do not consist wholly or mainly in the conveyance of signals on electronic communications networks. | 0 |
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