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866,000 | 48. A measure which restricts the free movement of workers can be accepted only if it pursues a legitimate aim compatible with the Treaty and is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (see, inter alia, ITC, paragraph 37, and Olympique Lyonnais , paragraph 38). | 18 LA COUR A CONSTATE QUE LES DEUX CATEGORIES DE PRODUITS PRESENTENT DES CARACTERISTIQUES DIFFERENTES, TANT DU FAIT DE LEURS QUALITES ORGANOLEPTIQUES QUE DU POINT DE VUE DE LEUR SUSCEPTIBILITE DE REPONDRE AUX MEMES BESOINS DES CONSOMMATEURS . LA COUR A DONC CONCLU QUE CES DEUX CATEGORIES DE PRODUITS NE SONT PAS SIMILAIRES AU SENS DE L' ARTICLE*95 . | 0 |
866,001 | 45. The same applies where new aid has been granted without having been notified to the Commission beforehand. If, on the other hand, the Commission were required in its decision to demonstrate the real effect of aid which has already been granted, that would ultimately favour those Member States which grant aid in breach of the duty to notify laid down in Article 93(3) of the Treaty, to the detriment of those which do notify aid at the planning stage (see Case C‑301/87 France v Commission [1990] ECR I‑307, ‘ Boussac Saint Frères ’, paragraphs 32 and 33). | 22. Where questions submitted by national courts concern the interpretation of a provision of European Union law, the Court is bound, in principle, to give a ruling unless it is obvious that the request for a preliminary ruling is in reality designed to induce the Court to give a ruling by means of a fictitious dispute, or to deliver advisory opinions on general or hypothetical questions, or that the interpretation of European Union law requested bears no relation to the actual facts of the main action or its purpose, or that the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( Confederación Española de Empresarios de Estaciones de Servicio , paragraph 17 and case‑law cited). | 0 |
866,002 | 27. The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures neutrality of taxation of all economic activities, whatever the purpose or results of those activities, provided that they are themselves subject to VAT (see Case 268/83 Rompelman [1985] ECR 655, paragraph 19; Case C-37/95 Ghent Coal Terminal [1998] ECR I-1, paragraph 15; Gabalfrisa and Others , paragraph 44; Case C-32/03 Fini H [2005] ECR I-1599, paragraph 25; Case C-255/02 Halifax and Others [2006] ECR I-1609, paragraph 78; Kittel and Recolta Recycling , paragraph 48; Case C-438/09 Dankowski [2010] ECR I-14009, paragraph 24; and Mahagében and Dávid , paragraph 39). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,003 | 40. Further, the preamble of a European Union measure may explain its content (see Case C‑344/04 IATA and ELFAA [2006] ECR I‑403, paragraph 76, and Wallentin-Hermann , paragraph 17). | Toutefois, la Cour a jugé que l’identité entre deux marques et, a fortiori, leur simple similitude ne suffisent pas à conclure à l’existence d’un lien entre ces marques (arrêt du 27 novembre 2008, Intel Corporation, C‑252/07, EU:C:2008:655, point 45). | 0 |
866,004 | 54. As regards, lastly, the fact that, under the provisions of a DTC, an increase in taxable profits resulting from a re-characterisation of interest may be matched by a corresponding reduction in taxable profits in the State in which the lending company is resident, it is true that, since the tax regime resulting from a DTC forms part of the legal framework applying in the main proceedings and has been presented as such by the national court, the Court must take it into account in order to provide an interpretation of Community law that is relevant to the national court (see, to that effect, Case C-319/02 Manninen [2004] ECR I‑7477, paragraph 21; Case C-265/04 Bouanich [2006] ECR I-923, paragraphs 51 to 55; Test Claimants in Class IV of the ACT Group Litigation , paragraph 71; and Case C-170/05 Denkavit Internationaal and Denkavit France [2006] ECR I-0000, paragraph 45). | 89. Il y a donc lieu, pour la Cour, de décider qu’une violation, par une juridiction de l’Union, de son obligation résultant de l’article 47, deuxième alinéa, de la Charte de juger les affaires qui lui sont soumises dans un délai raisonnable doit trouver sa sanction dans un recours en indemnité porté devant le Tribunal, un tel recours constituant un remède effectif. | 0 |
866,005 | 96
Secondly, it should be noted that Article 107(1) TFEU prohibits State aid ‘favouring certain undertakings or the production of certain goods’, that is to say, selective aid (judgments of 28 July 2011, Mediaset v Commission, C‑403/10 P, not published, EU:C:2011:533, paragraph 36, and of 14 January 2015, Eventech, C‑518/13, EU:C:2015:9, paragraph 54). | 67. It follows from all the foregoing that, in the absence of scientific studies capable of rebutting the results of IBA 2000, that inventory is the most up-to-date and accurate reference for identifying the most suitable sites in number and in size for the conservation of the species listed in Annex I and for the regularly occurring migratory species not listed in that annex.
The first part of the first complaint
– Arguments of the parties | 0 |
866,006 | 32. It follows that such legislation is contrary to Article 4(1) of Directive 79/7, unless it is justified by objective factors unrelated to any discrimination on grounds of sex. That will be the case where the measures chosen reflect a legitimate social-policy objective of the Member State whose legislation is at issue, they are appropriate to achieve that aim and they are necessary in order to do so (see, to that effect, Brachner , paragraph 70). | 70. In that regard it must be noted, first, that, according to the Court's settled case-law, a national measure which constitutes indirect discrimination because, albeit formulated in neutral terms, it in fact works to the disadvantage of far more women than men, is contrary to Article 4(1) of Directive 79/7, unless that measure is justified by objective factors unrelated to any discrimination on grounds of sex. That will be the case where the measures chosen reflect a legitimate social-policy objective of the Member State whose legislation is at issue, are appropriate to achieve that aim and are necessary in order to do so (see, to that effect, Case C‑8/94 Laperre [1996] ECR I‑273, paragraph 14 and the case-law cited). | 1 |
866,007 | 123. The Court has on various occasions recalled the importance, in both the legal order of the European Union and the national legal systems, of the principle of res judicata (Case C‑224/01 Köbler [2003] ECR I‑10239, paragraph 38; Case C‑234/04 Kapferer [2006] ECR I‑2585, paragraph 20; and Case C‑526/08 Commission v Luxembourg [2010] ECR I‑0000, paragraph 26) and the fact that res judicata attaches only to matters of fact and law actually or necessarily settled by the judicial decision in question ( Commission v Luxembourg , paragraph 27 and the case-law cited). | 13. By resorting to that series of transactions, CML and CARC avoided having to purchase outright the equipment they needed or to pay in a single sum the total amount of non-deductible VAT on those purchases. | 0 |
866,008 | 45. Directive 77/93 is thus designed, in particular, to ensure a high level of phytosanitary protection against the bringing into the Community of harmful organisms in produce imported from non-member countries. The common system of protection established in this regard by Directive 77/93 is based essentially on a system of checks which are carried out by experts lawfully empowered for that purpose by the government of the exporting country and guaranteed by the issue of the appropriate phytosanitary certificate. Checks carried out by importing Member States at the border have significant limitations and, in any event, cannot take the place of phytosanitary certification (see Case C-432/92 Anastasiou and Others , paragraphs 61 and 62, and Case C-219/98 Anastasiou and Others , paragraph 22). | 41
According to settled case-law, the fundamental principle of VAT neutrality requires deduction of input tax to be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements (judgments of 12 July 2012, EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraph 62 and the case-law cited, and of 28 July 2016, Astone, C‑332/15, EU:C:2016:614, paragraph 45). | 0 |
866,009 | 25. In that regard, it should be borne in mind that the Court may of its own motion examine whether the conditions laid down in Article 226 EC for bringing an action for failure to fulfil obligations are satisfied (Case C‑362/90 Commission v Italy [1992] ECR I‑2353, paragraph 8; Case C‑439/99 Commission v Italy [2002] ECR I‑305, paragraph 8; and Case C‑98/04 Commission v United Kingdom [2006] ECR I-4003, paragraph 16). | 29. In that regard, it is sufficient to find that, as the French Government has, moreover, acknowledged, national legislation which makes the grant of a licence to pursue an activity such as the engagement of performing artists subject to the need to engage performing artists constitutes a restriction in that it tends to limit the number of suppliers of services. The French Government has not given any reason whatsoever that could justify that restriction. | 0 |
866,010 | 50. According to settled case-law, the right to deduct provided for in Articles 17 to 20 of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. It must be exercised immediately in respect of all the taxes charged on transactions relating to inputs (see, among others, Case C-62/93 BP Supergas [1995] ECR I‑1883, paragraph 18, and Joined Cases C-110/98 to C‑147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 43). | 128 Secondly, it follows from Articles 1 and 7 of Regulation No 2299/89 that, subject to reciprocity, that regulation also applies to nationals of non-member countries, where they offer for use or use a CRS in Community territory. | 0 |
866,011 | 27. As regards determining whether a supply of services such as that at issue in the main proceedings is effected for consideration, it is settled case-law that the concept of the ‘supply of services effected for consideration’ within the meaning of Article 2(1) of the Sixth Directive requires the existence of a direct link between the service provided and the consideration received (see Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraph 12; Case C-258/95 Fillibeck v Finanzamt Neustadt [1997] ECR I-5577, paragraph 12; Commission v Greece , paragraph 29; and Commission v Spain , paragraph 92). | 81. By its very nature, that condition enables such a concentration to be avoided and is thus likely to lead to a more even distribution of pharmacies within a given geographical area. | 0 |
866,012 | 42. As regards, third, the capacity of the Member State concerned to pay, the Commission’s suggestion that a coefficient be selected which is based on the gross domestic product of the Member State in question and on the number of votes which it has in the Council is an appropriate way, in principle, of reflecting that criterion, while keeping the variation between Member States within a reasonable range (see, to that effect, Commission v Portugal , paragraph 48 and the case‑law cited). | 112. In that regard, it must be borne in mind, first, that the programme provides for the purchase of government bonds only in so far as is necessary for safeguarding the monetary policy transmission mechanism and the singleness of monetary policy and that those purchases will cease as soon as those objectives are achieved. | 0 |
866,013 | 71. Finally, even assuming that those elements were a response to the need to ensure reliability of supplies and, therefore, that they were linked to the objective pursued in the contested calls for tenders and suitable for attaining it, the capacity of tenderers to provide the largest possible amount of the product cannot legitimately be given the status of an award criterion (see, to that effect, EVN and Wienstrom , paragraph 70). | 41
To interpret Article 7(3)(b) of that directive as covering only persons who have worked as employed persons for more than one year and excluding those who have worked as self-employed persons for that period would run counter to that purpose. | 0 |
866,014 | 46 It should first be recalled that it is settled case-law that in the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for recovery of sums unduly paid, provided, however, that such rules may not be less favourable than those governing similar domestic actions and may in no circumstances be so framed as to render virtually impossible or excessively difficult in practice the exercise of rights conferred by Community law (see, in particular, Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12, and Case C-212/94 FMC [1996] ECR I-389, paragraph 71). | 71 Furthermore, it is settled case-law that, in the absence of Community legislation governing a matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for recovery of sums unduly paid, on the understanding however that such rules may not be less favourable than those governing similar domestic actions and may in no circumstances be so framed as to render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see, most recently, Peterbroeck, cited above, paragraph 12). | 1 |
866,015 | 32. The option of applying those results is justified by the very purpose of the Customs Code, which is, as stated in recital 5 in the preamble to that code, to ensure the correct application of the duties provided for therein, while guaranteeing, as is apparent from paragraph 23 of this judgment, rapid and efficient procedures in the interests of both traders and the customs authorities, by dispensing with a systematic examination of all declared goods, thus keeping to a minimum, as stated in recital 6 in the preamble to that code, customs formalities and controls (see, to that effect, Derudder , paragraphs 42 and 45). | 37. Il découle notamment de ladite disposition que le Tribunal ne peut annuler ou réformer la décision qui fait l’objet du recours que si, à la date à laquelle celle-ci a été prise, elle était entachée de l’un de ces motifs d’annulation ou de réformation (voir, en ce sens, arrêts du 11 mai 2006, Sunrider/OHMI, C‑416/04 P, Rec. p. I‑4237, point 55, et du 13 mars 2007, OHMI/Kaul, C‑29/05 P, non encore publié au Recueil, point 53). | 0 |
866,016 | 31. It must be borne in mind, further, that the meaning and scope of terms for which European Union law provides no definition must be determined by considering, inter alia, the context in which they occur and the purposes of the rules of which they form part (see to that effect, inter alia, Case C‑336/03 easyCar [2005] ECR I‑1947, paragraph 21; Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, paragraph 17; and Case C‑151/09 UGT-FSP [2010] ECR I‑0000, paragraph 39). | 39. Further, it is also settled case‑law that the meaning and scope of terms for which European Union law provides no definition must be determined by considering their usual meaning in everyday language, while also taking into account the context in which they occur and the purposes of the rules of which they form part (see to that effect, inter alia, Case C‑336/03 easyCar [2005] ECR I‑1947, paragraph 21; Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, paragraph 17; and Case C‑556/07 Commission v France [2009] ECR I‑0025 (summary publication), paragraph 50). | 1 |
866,017 | 37. The Commission’s argument that it follows from the case-law concerning exemptions that activities carried out upstream from those provided by the ultimate service provider are not exempt (Case 107/84 Commission v Germany [1985] ECR 2655, paragraph 20; Case C‑240/99 Skandia [2001] ECR I‑1951, paragraphs 40 and 41; Case C‑235/00 CSC Financial Services [2001] ECR I‑10237, paragraphs 39 and 40; and Case C‑472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 39), so that only medical tests carried out by laboratories on behalf of patients in the context of a direct contractual relationship with those patients comes within the scope of Article 13A(1)(b) of the Sixth Directive, must also be rejected, as that case-law relates to the interpretation of other exemptions, the wording and objectives of which are different from those pursued by that provision (see, to that effect, Case 107/84 Commission v Germany , paragraph 13). | 63. In paragraph 92 of Müller-Fauré and van Riet the Court also pointed out that, in determining whether a treatment which is the same or equally effective for the patient is available without undue delay from an establishment on the territory of the Member State of residence, the competent institution cannot base its decision exclusively on the existence of waiting lists on that territory without taking account of the specific circumstances of the patient’s medical condition. | 0 |
866,018 | 18 The situation would be different only if it was apparent that the legislation at issue protected domestic products which were similar to processed milk for infants from other Member States or which were in competition with milk of that type. | 33. Accordingly, for the purposes of applying the rule of special jurisdiction in matters relating to a contract, laid down in the second indent of Article 5(1)(b) of the regulation, concerning the provision of services, when there are several places of delivery of the goods the ‘place of performance’ must be understood as the place with the closest linking factor, which, as a general rule, will be at the place of the main provision of services. | 0 |
866,019 | 212. As regards the second condition, it should be pointed out, first, that a breach of Community law will be sufficiently serious where, in the exercise of its legislative power, a Member State has manifestly and gravely disregarded the limits on its discretion (see Brasserie du Pêcheur and Factortame , paragraph 55; British Telecommunications , paragraph 42; and Case C-424/97 Haim [2000] ECR I‑5123, paragraph 38). Secondly, where, at the time when it committed the infringement, the Member State in question had only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach (Case C‑5/94 Hedley Lomas [1996] ECR I-2553, paragraph 28, and Haim , paragraph 38). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,020 | 57. Secondly, concerning the freedom to provide services, it is settled case-law that Article 49 EC requires not only the elimination of all discrimination on grounds of nationality against service providers, but also the abolition of any restriction, even if it applies without distinction to national service providers and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a service provider established in another Member State where he lawfully provides similar services (Case C-433/04 Commission v Belgium [2006] ECR I-10653, paragraph 28, and Case C-208/05 ITC [2007] ECR I-181, paragraph 55). | 55. The plea of inadmissibility raised by the Portuguese Republic on the basis that Directive 85/337 was mentioned only in the alternative during the pre-litigation procedure, while the complaint based on that directive is the sole infringement complaint and the centre of the proceedings, cannot be upheld. Suffice it to note that that complaint was in fact one of the complaints referred to in the letter of formal notice and the reasoned opinion and that it was set out there in a summary but sufficient manner. The alternative nature of the complaint in no way prevented the Portuguese Republic from submitting observations on it. | 0 |
866,021 | 60. Article 9 of Directive 98/5, although it does not preclude appeal proceedings being brought before a body which is not a court or tribunal, does not provide that a legal remedy may be open to the person concerned only after all other remedies have been exhausted. In any event, where an appeal before a non-judicial body is provided for by national law, Article 9 requires actual access within a reasonable period (see, by way of analogy, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 180 to 205, 223 and 234) to a court or tribunal as defined by Community law, which is competent to give a ruling on both fact and law. | 198 In paragraph 133 of the contested judgment, with regard to the 10-month duration of that second stage of the administrative procedure, the Court of First Instance stated as follows:
`133 ... That is not sufficient to justify a complaint of undue delay. The objections were notified to the undertakings concerned at the beginning of April 1988. The undertakings replied to the statement of objections in June 1988. Apart from Shell, which did not so request, the undertakings to which the statement of objections was addressed were heard between 5 and 8 September 1988 and on 19 September 1988. The Advisory Committee on Restrictive Practices and Dominant Positions delivered its opinion on the preliminary draft Commission decision on 1 December 1988, and the Commission adopted its original decision 20 days later. The [PVC II] Decision itself was adopted 42 days after delivery of the judgment of 15 June 1994.' | 1 |
866,022 | 40 Article 34 prohibits quantitative restrictions on exports, as well as all measures having an equivalent effect. According to the settled case-law of the Court, it concerns national measures which have as their specific object or effect the restriction of patterns of exports and thereby the establishment of a difference in treatment between the domestic trade of a Member State and its export trade, in such a way as to provide a particular advantage for national production or for the domestic market of the State in question (Case 155/80 Oebel [1981] ECR 1993, paragraph 15). | 31. A finding of abusive practices requires a combination of objective and subjective elements. | 0 |
866,023 | 23
It is apparent from the settled case-law of the Court that the general principle which ensures that any person has the right to plead, in an action brought against a national measure which adversely affects that person, that the EU act on which that measure is based is invalid does not preclude such a right from being subject to the condition that the person concerned did not have the right to apply directly to the Courts of the European Union for annulment of that act under Article 263 TFEU. However, it is only if it can be held that a person would undoubtedly have been entitled to apply for the annulment of the act in question under the conditions laid down in that article that that person is prevented from pleading before the national court having jurisdiction that the act is invalid (see, to that effect, judgments in TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraph 23; Valimar, C‑374/12, EU:C:2014:2231, paragraphs 28 and 29; and TMK Europe, C‑143/14, EU:C:2015:236, paragraph 18). | À cet égard, il convient de relever que le champ d’application des exonérations figurant à l’article 132, paragraphe 1, sous
b), g) à i) et l) à n), de la directive 2006/112 est défini non seulement au regard du contenu des opérations visées, mais
également en fonction de certaines caractéristiques que doivent remplir les prestataires (arrêt Bridport and West Dorset Golf
Club, C‑495/12, EU:C:2013:861, point 36). | 0 |
866,024 | 127. En outre, si ledit argument devait être examiné, il conduirait la Cour à effectuer une appréciation de nature factuelle. Or, conformément aux articles 225, paragraphe 1, CE et 58, premier alinéa, du statut de la Cour de justice, le pourvoi est limité aux questions de droit. L’appréciation des éléments de preuve ne constitue pas, sous réserve du cas de leur dénaturation, laquelle n’a pas été invoquée en l’espèce, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, en ce sens, arrêts du 19 septembre 2002, DKV/OHMI, C‑104/00 P, Rec. p. I‑7561, point 22, et du 25 octobre 2007, Develey/OHMI, C‑238/06 P, non encore publié au Recueil, point 97). | 6 SINCE ARTICLE 43 OF THE STAFF REGULATIONS PROVIDES FOR THE MAKING OF A PERIODIC REPORT EVERY TWO YEARS THESE ARE THUS MANDATORY MEASURES WHICH MUST BE COMMUNICATED TO THE PERSON CONCERNED .
| 0 |
866,025 | 29 Although it is for the national court to decide whether Article 11, as interpreted by the Court of Justice, applies to the facts and measures which it is called on to appraise, it should, however, be observed that it is common ground that the exportation of goods capable of being used for military purposes to a country at war with another country may affect the public security of a Member State within the meaning referred to above (see the judgment in Case C-367/89 Richardt and "Les Accessoires Scientifiques", cited above, paragraph 22). | 53. Thus, as observed by the Advocate General inter alia in point 72 of his Opinion, Directive 2000/60 is based essentially on the principles of management per river basin; the setting of objectives per body of water; plans and programmes; an economic analysis of the detailed arrangements governing water pricing; the taking into account of the social, environmental and economic effects of cost recovery, and also the geographic and climatic conditions of the region(s) concerned. | 0 |
866,026 | 122 Finally, as regards Brentjens' argument that an adequate level of pension for workers could be assured by laying down minimum requirements to be met by pensions offered by insurance companies, it must be emphasised that, in view of the social function of supplementary pension schemes and the margin of appreciation enjoyed, according to settled case-law, by the Member States in organising their social security systems (Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16; Poucet and Pistre, cited above, paragraph 6; and Case C-70/95 Sodemare and Others [1997] ECR I-3395, paragraph 27), it is incumbent on each Member State to consider whether, in view of the particular features of its national pension system, laying down minimum requirements would still enable it to ensure the level of pension which it seeks to guarantee in a sector by compulsory affiliation to a pension fund. | 32 However, since Article 2(4) constitutes a derogation from an individual right laid down by the Directive, such a national measure specifically favouring female candidates cannot guarantee absolute and unconditional priority for women in the event of a promotion without going beyond the limits of the exception laid down in that provision (Kalanke, paragraphs 21 and 22). | 0 |
866,027 | 16
According to settled case-law, the statement of reasons required under Article 296 TFEU for measures adopted by EU institutions must be appropriate to the measure at issue and must disclose clearly and unequivocally the reasoning followed by the institution which adopted that measure in such a way as to enable the persons concerned to ascertain the reasons for it and to enable the competent court to review its legality. The requirements to be satisfied by the statement of reasons depend on all the circumstances of each case, in particular, the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 296 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (judgment in Commission v Sytraval and Brink’s France, Case C‑367/95 P, EU:C:1998:154, paragraph 63, and in Nexans and Nexans France v Commission, C‑37/13 P, EU:C:2014:2030, paragraphs 31 and 32 and the case-law cited). | 50. En effet, les États membres ne sauraient appliquer une réglementation susceptible de mettre en péril la réalisation des objectifs poursuivis par une directive et, partant, de priver celle-ci de son effet utile (arrêt du 1 er mars 2012, O’Brien, C-393/10, non encore publié au Recueil, point 35). | 0 |
866,028 | 16. In respect of the relationship between the first two paragraphs of Article 9 of the Sixth Directive, the Court has already held that Article 9(1) in no way takes precedence over Article 9(2). In each situation, the question which must be asked is whether it corresponds to one of the instances mentioned in Article 9(2) of that directive. If not, that situation falls within the scope of Article 9(1) (see, to that effect, Case C‑327/94 Dudda [1996] ECR I‑4595, paragraph 21, and Case C‑41/04 Levob Verzekeringen and OV Bank [2005] ECR I‑9433, paragraph 33). | 64. In order to determine if that is the case, the competent court must take into account all the facts of the case, both qualitative and quantitative. | 0 |
866,029 | 20. First of all, as regards the alleged failure on the part of the Giudice di Pace di Genova to take account of the entry into force of Decree Law No 223/2006 for the purpose of resolving the dispute in the main proceedings, according to established case‑law, it is not for the Court of Justice to rule on the applicability of provisions of national law which are relevant to the outcome of such proceedings, but the Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the legislative context, as described in the order for reference, in which the question put to it is set (see, to that effect, Case C 475/99 Ambulanz Glöckner [2001] ECR I-8089, paragraph 10; Case C 153/02 Neri [2003] ECR I-13555, paragraphs 34 and 35; and Case C‑28/04 Tod’s and Tod’s France [2005] ECR I‑5781, paragraph 14). | 22
It also follows from the wording of Article 4(6) of Framework Decision 2002/584, as the Advocate General stated in point 45 of his Opinion, that any refusal to execute an EAW presupposes an actual undertaking on the part of the executing Member State to execute the custodial sentence imposed on the requested person, even though, in any event, the mere fact that that Member State declares itself ‘willing’ to execute the sentence could not be regarded as justifying such a refusal. This indicates that any refusal to execute an EAW must be preceded by the executing judicial authority’s examination of whether it is actually possible to execute the sentence in accordance with its domestic law. In the event that the executing Member State finds that it is in fact impossible to undertake to execute the sentence, it falls to the executing judicial authority to execute the EAW and, therefore, to surrender the requested person to the issuing Member State. | 0 |
866,030 | 27. The second condition, relating to damage, requires that the damage for which compensation is sought be actual and certain (see, to that effect, De Franceschi v Council and Commission , paragraph 9, and Birra Wührer and Others v Council and Commission , paragraph 9), which it is for the appellants to prove (see Roquette Frères v Commission , paragraph 24, and Case C‑362/95 P Blackspur DIY and Others v Council and Commission [1997] ECR I‑4775, paragraph 31). | 27. On the other hand, if the competent authorities have a broad discretion to determine the beneficiaries or the conditions under which the financial assistance is provided on the basis of criteria unrelated to the tax system, such as maintaining employment, the exercise of that discretion must then be regarded as favouring ‘certain undertakings or the production of certain goods’ in comparison with others which, in the light of the objective pursued, are in a comparable factual and legal situation (see, to that effect, Commission and Spain v Government of Gibraltar and United Kingdom , paragraph 75). | 0 |
866,031 | 35 In that connection it should be noted that Directive 90/394 was adopted on the basis of Article 118a of the Treaty and that it lays down `minimum requirements' as regards the protection of the health and safety of workers against the risks linked to exposure to carcinogens at work. As the Court stated in Case C-84/94 United Kingdom v Council [1996] ECR I-5755, paragraph 17, the significance of the expression `minimum requirements' in Article 118a, which is reproduced in Article 1 of Directive 90/394, is that Member States are authorised to adopt more stringent measures than those which form the subject-matter of Community action. Article 118a(3) of the Treaty moreover confirms that where such minimum requirements are adopted pursuant to that article, the Member States are still free to introduce more stringent measures for the protection of working conditions. | 41 On 31 December 1997 there were 5 951 members, 1 063 former members and 4 220 pensioners receiving pension payments. Of the pensioners, 1 238 were widows or widowers, 185 were orphans and 2 797 were in receipt of old-age pensions. At the end of 1997, invested capital amounted to NLG 6 600 million.
The main proceedings and the questions referred for a preliminary ruling | 0 |
866,032 | 31. In that regard, it is settled case-law that, in the absence of Community legislation, it is for the internal legal order of each Member State to designate the competent courts and lay down the detailed procedural rules for legal proceedings intended fully to safeguard the rights which individuals derive from Community law. It is thus on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss or damage caused, provided that the conditions, including time-limits, for reparation of loss or damage laid down by national law are not less favourable than those relating to similar domestic claims (principle of equivalence) and are not so framed as to make it in practice impossible or excessively difficult to obtain reparation (principle of effectiveness) (see, inter alia, Francovich and Others , paragraphs 42 and 43, and Case C-261/95 Palmisani [1997] ECR I-4025, paragraph 27). | 27. Ainsi que cela ressort en particulier de ses articles 1 er et 6 ainsi que de ses considérants 1 et 2, la décision-cadre a pour objectif de mettre en place un mécanisme efficace de reconnaissance et d’exécution transfrontalière des décisions infligeant à titre définitif une sanction pécuniaire à une personne physique ou à une personne morale à la suite de la commission de l’une des infractions énumérées à l’article 5 de celle-ci. | 0 |
866,033 | 16. As may be seen from the Court’s case-law, Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy within the scope ratione materiae of the Treaty the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for (see, inter alia, Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 31; Case C-224/98 D’Hoop [2002] ECR I-6191, paragraph 28, and Case C-148/02 Garcia Avello [2003] ECR I-0000, paragraphs 22 and 23). | 28 Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy within the scope ratione materiae of the Treaty the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for (Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 31). | 1 |
866,034 | 45 That view cannot be accepted because it is contrary to the reasoning of the Court in HAG II. The Court began by noting that trade-mark rights are an essential element in the system of undistorted competition which the Treaty seeks to establish (paragraph 13). It went on to recall the identifying function of trade marks and, in a passage cited in paragraph 37 above, the conditions for trade marks to be able to fulfil that role. The Court further noted that the scope of the exclusive right which is the specific subject-matter of the trade mark must be determined having regard to its function (paragraph 14). It stressed that in that case the determinant factor was absence of consent of the proprietor of the trade mark in the importing State to the putting into circulation in the exporting State of products marketed by the proprietor of the right in the latter State (paragraph 15). It concluded that free movement of the goods would undermine the essential function of the trade mark: consumers would no longer be able to identify for certain the origin of the marked goods and the proprietor of the trade mark could be held responsible for the poor quality of goods for which he was in no way accountable (paragraph 16). | 25. Pour le reste, il est constant que le projet de modification législative mentionné au point 14 du présent arrêt n’avait pas été adopté au terme du délai fixé dans l’avis motivé. Or, les éventuels changements intervenus postérieurement à l’expiration dudit délai ne sauraient être pris en compte par la Cour (voir arrêts du 2 juin 2005, Commission/Irlande, C‑282/02, Rec. p. I‑4653, point 40; du 22 décembre 2008, Commission/Espagne, C‑189/07, point 27, et du 11 juin 2009, Commission/Autriche, C‑564/07, point 23). | 0 |
866,035 | 45. According to the case-law, the concept of ‘objective reason’ must be understood as referring to precise and concrete circumstances characterising a given activity, which are therefore capable, in that particular context, of justifying the use of successive fixed-term employment contracts. Those circumstances may result, in particular, from the specific nature of the tasks for the performance of which such contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social‑policy objective of a Member State ( Angelidaki and Others , paragraph 96 and the case-law cited, and Kücük , paragraph 27). | 29. However, such an interpretation disregards not only the scope of the Commission’s powers under Article 15(2), but also the fact that, in certain situations, the turnover for the business year preceding the adoption of the Commission decision does not provide any useful indication as to the actual economic situation of the undertaking concerned and the appropriate level of fine to impose on that undertaking. | 0 |
866,036 | 71. It is also clear from the Court’s case-law that where the decision affects a group of persons who were identified or identifiable when that measure was adopted by reason of criteria specific to the members of the group, those persons might be individually concerned by that measure inasmuch as they form part of a limited class of traders (see Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraph 31, and Joined Cases C‑182/03 and C‑217/03 Belgium and Forum 187 v Commission [2006] ECR I-5479, paragraph 60). | 30 Given that divergence, one must go to the purpose and general scheme of the directive. According to Article 1(2) of the directive, "project" means "the execution of construction works or of other installations or schemes" and "other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources". According to Article 2(1), the directive is aimed at "projects likely to have significant effects on the environment by virtue inter alia of their nature, size or location". Article 3 provides that the environmental impact assessment is to identify, describe and assess the direct and indirect effects of a project on human beings, fauna and flora, soil, water, air, climate and the landscape, material assets and the cultural heritage. | 0 |
866,037 | 79. That provision lays down two conditions for the exclusion of a project from the scope of Directive 85/337. The first requires the details of the project to be adopted by a specific legislative act. Under the second, the objectives of the directive, including that of supplying information, must be achieved through the legislative process (see Case C-435/97 WWF and Others [1999] ECR I-5613, paragraph 57; Boxus and Others , paragraph 37; and Solvay and Others , paragraph 31). | 53. When assessing the generic character of a name, the Court has held that it is necessary, under Article 3(1) of Regulation 2081/92, to take into account the places of production of the product concerned both inside and outside the Member State which obtained the registration of the name at issue, the consumption of that product and how it is perceived by consumers inside and outside that Member State, the existence of national legislation specifically relating to that product, and the way in which the name has been used in Community law (see Joined Cases C-465/02 and C-466/02 Germany and Denmark v Commission [2005] ECR I-9115, paragraphs 76 to 99). | 0 |
866,038 | 35. En ce qui concerne la notion de «situation régulière», au sens de l’article 13 de cette décision, il est de jurisprudence qu’elle signifie que le travailleur turc ou le membre de sa famille doit avoir respecté les règles de l’État membre d’accueil en matière d’entrée, de séjour et, le cas échéant, d’emploi, de sorte qu’il se trouve légalement sur le territoire dudit État. Aussi un ressortissant turc qui serait en situation irrégulière ne bénéficierait pas de cet article (voir, en ce sens, arrêt Sahin, précité, point 53). | L’EUIPO et Meissen Keramik considèrent qu’il convient de rejeter le quatrième moyen comme étant non fondé. | 0 |
866,039 | 34. Concerning the information that must be provided to the Court in the context of a reference for a preliminary ruling, it should be noted that that information does not serve only to enable the Court to provide answers which will be of use to the national court; it must also enable the Governments of the Member States, and other interested parties, to submit observations in accordance with Article 23 of the Statute of the Court of Justice. For those purposes, according to settled case-law, it is firstly necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Secondly, the referring court must set out the precise reasons why it was unsure as to the interpretation of Community law and why it considered it necessary to refer questions to the Court for a preliminary ruling. In consequence, it is essential that the referring court provide at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and of the link it establishes between those provisions and the national legislation applicable to the dispute in the main proceedings (see to that effect, inter alia, Joined Cases C‑320/90 to C‑322/90 Telemarsicabruzzo and Others [1993] ECR I‑393, paragraph 6; Joined Cases C‑453/03, C‑11/04, C‑12/04 and C‑194/04 ABNA and Others [2005] ECR I‑10423, paragraphs 45 to 47; and Case C‑506/04 Wilson [2006] ECR I‑0000, paragraphs 38 and 39). | 46. The Court has also stressed that it is important for the referring court to set out the precise reasons why it was unsure as to the interpretation of Community law and why it considered it necessary to refer questions to the Court for a preliminary ruling. The Court has thus ruled that it is essential that the referring court provide at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and of the link it establishes between those provisions and the national legislation applicable to the dispute (see, inter alia, the order in Viacom, cited above, paragraph 16, and the judgment in Case C‑318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I‑905, paragraph 43). | 1 |
866,040 | 44. It is thus clear from the case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the public interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55; and Test Claimants in the FII Group Litigation , paragraph 46). | 51 To the extent that they have legal personality under Netherlands law, the Netherlands Antilles may, in principle, bring an action for annulment under that provision, which provides that any natural or legal person may institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. | 0 |
866,041 | 33. It should be noted, however, that the first of those situations referred to by the Commission is irrelevant for the purposes of assessing the proportionality of Section 119(4) of the CTA 2010. It is settled law that losses sustained by a non-resident subsidiary cannot be characterised as definitive, as described in paragraph 55 of the judgment in Marks & Spencer (EU:C:2005:763), by dint of the fact that the Member State in which the subsidiary is resident precludes all possibility of losses being carried forward (see judgment in K , EU:C:2013:716, paragraphs 75 to 79 and the case-law cited). In such a situation, the Member State in which the parent company is resident may not allow cross-border group relief without thereby infringing Article 49 TFEU. | 26 As regards the latter principle, the Court has recognised that it is compatible with Community law to lay down reasonable time-limits for bringing proceedings in the interests of legal certainty, which protects both the taxpayer and the administration concerned (Rewe, cited above, paragraph 5, and Comet, cited above, paragraphs 17 and 18, and Case 61/79 Denkavit ltaliana [1980] ECR 1205, paragraph 23; see also Case C-261/95 Palmisani v INPS [1997] ECR I-4025, paragraph 28, and Case C-90/94 Haahr Petroleum v benrå Havn and Others [1997] ECR I-4085, paragraph 48). Such time-limits are not liable to render virtually impossible or excessively difficult the exercise of rights conferred by Community law. In that regard, a time-limit of three years under national law, reckoned from the date of the contested payment, appears reasonable (Edis, cited above, paragraph 35, SPAC, cited above, paragraph 19, and Case C-228/96 Aprile, cited above, paragraph 19). | 0 |
866,042 | 43. It follows that the subject-matter of proceedings under Article 226 EC is delimited by the pre-litigation procedure governed by that provision and cannot, therefore, be extended during the judicial procedure. The Commission’s reasoned opinion and the application must be based on the same grounds and pleas, with the result that the Court cannot examine a ground of complaint which was not formulated in the reasoned opinion, which for its part must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see Commission v Netherlands , paragraph 20, and Case C‑441/02 Commission v Germany [2006] ECR I‑3449, paragraphs 59 and 60). | 58. It is thus apparent that the basic pay received by two employees appointed on the same date in the same salary group will differ according to their age at the time of appointment. It follows that those two employees are in a comparable situation and one of them receives lower basic pay than the other. That employee is thus treated less favourably, because of his age, than the other employee. | 0 |
866,043 | 31. As the Court has already held, the only articles in which the Treaty provides for derogations applicable in situations which may affect public security are Articles 30 EC, 39 EC, 46 EC, 58 EC, 64 EC, 296 EC and 297 EC, which deal with exceptional and clearly defined cases. It cannot be inferred from those articles that the Treaty contains an inherent general exception excluding all measures taken for reasons of public security from the scope of Community law. To recognise the existence of such an exception, regardless of the specific requirements laid down by the Treaty, might impair the binding nature of Community law and its uniform application (see, to that effect, Case 222/84 Johnston [1986] ECR 1651, paragraph 26, Sirdar , paragraph 16, and Kreil , paragraph 16). | 73. It is thus for the undertaking concerned to show that the result at which the Commission arrived in its decision would have been different if a document which was not communicated to that undertaking and on which the Commission relied to make a finding of infringement against it had to be disallowed as evidence. | 0 |
866,044 | 33
That term relates only to exceptional situations in which, in the light of the specific features of the conduct alleged against the third party, in particular the fact that it is impossible for him to proceed with the acts alleged against him which have infringed or threaten to infringe the EU trade mark, such a court is not required to issue an order prohibiting a third party from proceeding with such acts, although an application to that end has been made by the proprietor of the mark (see, to this effect, judgment of 14 December 2006 in Nokia, C‑316/05, EU:C:2006:789, paragraph 35). | 43. As the Advocate General pointed out in paragraph 33 of his Opinion, Article 50a clearly means that an application can be regarded as having been ‘lodged’ only when its addressee receives it. It is not therefore sufficient that an application was posted within the time‑limit. | 0 |
866,045 | 46. However, in order for those principles to apply in relation to public procurement activities in respect of which all the relevant elements are confined to a single Member State, it is necessary for the contract at issue in the main proceedings to be of certain cross-border interest (see, to that effect, judgments in Commission v Ireland , EU:C:2007:676, paragraph 29; Commission v Italy , C‑412/04, EU:C:2008:102, paragraphs 66 and 81; SECAP and Santorso , C‑147/06 and C‑148/06, EU:C:2008:277, paragraph 21; Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraph 24; and Commission v Ireland , EU:C:2010:697, paragraph 31). | 21 Proceeding on the basis of the normal value thus constructed for sales by Mita to OEMs, the Council and the Commission arrived at a dumping margin lower than the margin calculated for sales of plain paper photocopiers marketed under Mita' s own brand name, and that dumping margin, together with those ascertained for all Mita' s sales channels, was taken into account in calculating a weighted dumping margin on the basis of which the anti-dumping duty was set . | 0 |
866,046 | 31. The Court has held that that provision is not limited to the names of natural persons ( Anheuser-Busch , paragraphs 77 to 80). | 26. It is clear from those provisions that Coreper is not an institution of the Communities upon which the Treaty confers powers of its own but an auxiliary body of the Council, for which it carries out preparation and implementation work. | 0 |
866,047 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 88. However, for such compensation to escape classification as State aid in a particular case, a number of conditions must be satisfied. | 0 |
866,048 | 26 The application of the national rules of a Member State to providers of services established in other Member States must be appropriate for securing the attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (see, in particular, Guiot, paragraphs 11 and 13; and Arblade, paragraph 35). | 31 However, charges with no upper limit which increase directly in proportion to the nominal value of the capital raised cannot, by their very nature, amount to duties paid by way of fees or dues within the meaning of the Directive. Even if there may be a link in some cases between the complexity of a registration and the amount of capital raised, the amount of such charges will generally bear no relation to the costs actually incurred by the authority on the registration formalities (Fantask and Others, paragraph 31). | 0 |
866,049 | 22
Under Article 17(1)(a)(i) of Directive 2008/118, excise goods may be moved under a duty suspension arrangement within the territory of the EU, in particular, as in the main proceedings, from a tax warehouse in one Member State to a tax warehouse in another Member State. It is a feature of that arrangement that the excise duty on the products covered by it is not yet payable, although the chargeable event for taxation purposes has already taken place (see, to that effect, judgment in Cipriani, C‑395/00, EU:C:2002:751, paragraph 42). Consequently, as regards the products subject to excise duty, that arrangement postpones the chargeability of excise duty until one of the conditions of chargeability is met (see, to that effect, judgment in Dansk Transport og Logistik, C‑230/08, EU:C:2010:231, paragraph 78). | 78. In that regard, it should be noted that the suspension arrangement defined in Article 4(c) of the Excise Duty Directive is the tax arrangement applied to the production, processing, holding and movement of products, excise duty being suspended. It is a feature of that arrangement that the excise duty on the products covered by it is not yet payable, although the chargeable event for taxation purposes has already taken place (Case C‑395/00 Cipriani [2002] ECR I‑11877, paragraph 42). Consequently, as regards the products subject to excise duty, that arrangement postpones the chargeability of excise duty until one of the conditions of chargeability is met. | 1 |
866,050 | 59. An order to pay a lump sum is based essentially on the assessment of the effects on public and private interests of the failure of the Member State concerned to comply with its obligations, in particular where the breach has persisted for a long period after the judgment initially establishing it was delivered ( Commission v France EU:C:2008:695, paragraph 58, and Case C‑241/11 Commission v Czech Republic EU:C:2013:423, paragraph 40). | 60. In that context, it should be noted that it is for the national courts to interpret, as far as it is possible, the provisions of national law in such a way that they can be applied in a manner which contributes to the implementation of Community law. | 0 |
866,051 | 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). | 60. Moreover, the Court has already held that practical difficulties cannot of themselves justify the infringement of a fundamental freedom guaranteed by the Treaty (see Papillon , paragraph 54 and the case-law cited). | 0 |
866,052 | 30. Accordingly, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to lay down the conditions enabling persons liable to payment to contest the application of the exception under Article 3 of Regulation No 1697/79 in relation to the limitation on actions for recovery of duties not collected and to request, in that respect, that consequences may be drawn from rulings in court proceedings, provided that those conditions are not less favourable than those governing similar domestic actions and that they do not render practically impossible the exercise of rights conferred by Community law (see, by analogy, inter alia, Case 811/79 Ariete [1980] ECR 2545, paragraph 12, Case C‑63/01 Evans [2003] ECR I‑14447, paragraphs 75 and 76, and Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraphs 62 and 77). | 54. According to recital 2 of that regulation, openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. | 0 |
866,053 | 36. That Community trade mark system is an autonomous system with its own set of objectives and rules peculiar to it; it applies independently of any national system (see, inter alia, Case C‑238/06 P Develey v OHIM [2007] ECR I‑9375, paragraph 65; Joined Cases C‑202/08 P and C‑208/08 P American Clothing Associates v OHIM and OHIM v American Clothing Associates [2009] ECR I‑6933, paragraph 58; and Case C‑479/09 P Evets v OHIM [2010], ECR I-0000, paragraph 49). | 19 Furthermore, the very wording of Article 54(3)(g) of the Treaty refers to the need to protect the interests of `others' generally, without distinguishing or excluding any categories falling within the ambit of that term. | 0 |
866,054 | 43
However, such a circumstance does not necessarily lead to the jurisdiction of the EU judicature being excluded (see, to that effect, judgments of 24 June 2014 in Parliament v Council, C‑658/11, EU:C:2014:2025, paragraphs 69 to 74, and 12 November 2015 in Elitaliana v Eulex Kosovo, C‑439/13 P, EU:C:2015:753, paragraphs 43 to 50). | 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 |
866,055 | 57. By contrast, Article 6(2) of the said regulation provides that comments received by the Commission in the context of the said review procedure are to be submitted to the Member State concerned, the latter then having the opportunity to reply to those comments within a given time-limit. The procedure for reviewing State aid is, in view of its general scheme, a procedure initiated in respect of the Member State responsible for granting the aid, and the Commission cannot, without infringing the rights of the defence, use in its final decision information on which that Member State was not afforded an opportunity to comment (Joined Cases C‑74/00 P and C‑75/00 P Falck and Acciaierie di Bolzano v Commission [2002] ECR I-7869, paragraph 81). | 32. Consequently, it must be held that the obligation on the recipient of services to withhold at source tax on the remuneration paid to non-resident service providers, whereas such a withholding tax at source is not levied on remuneration paid to resident service providers, constitutes a restriction on the freedom to provide services in that it entails an additional administrative burden and related liability risks. | 0 |
866,056 | 50
As regards application of the principle of effectiveness, every case in which the question arises as to whether a national procedural provision makes the application of EU law impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its conduct and its special features, viewed as a whole, before the various national bodies. Moreover, the specific characteristics of court proceedings cannot constitute a factor which is liable to affect the legal protection from which consumers must benefit under the provisions of Directive 93/13 (see, to that effect, judgment of 10 September 2014 in Kušionová, C‑34/13, EU:C:2014:2189, paragraphs 52 and 53 and case-law cited). | 15 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT NEITHER THE COPYRIGHT OWNER OR HIS LICENSEE , NOR A COPYRIGHT MANAGEMENT SOCIETY ACTING IN THE OWNER ' S OR LICENSEE ' S NAME , MAY RELY ON THE EXCLUSIVE EXPLOITATION RIGHT CONFERRED BY COPYRIGHT TO PREVENT OR RESTRICT THE IMPORTATION OF SOUND RECORDINGS WHICH HAVE BEEN LAWFULLY MARKETED IN ANOTHER MEMBER STATE BY THE OWNER HIMSELF OR WITH HIS CONSENT .
| 0 |
866,057 | 163
In that regard, according to the case-law, Article 63 TFEU requires a Member State which has a system for preventing economic double taxation as regards dividends paid to residents by other resident companies to accord equivalent treatment to dividends paid to residents by non-resident companies (see judgments of 10 February 2011, Haribo Lakritzen Hans Riegel and Österreichische Salinen, C‑436/08 and C‑437/08, EU:C:2011:61, paragraph 60, and 13 November 2012, Test Claimants in the FII Group Litigation, C‑35/11, EU:C:2012:707, paragraph 38). | 60. In those circumstances, Article 63 TFEU requires a Member State which has a system for preventing economic double taxation as regards dividends paid to resident companies by other resident companies to accord equivalent treatment to dividends paid to resident companies by companies established in non‑member States party to the EEA Agreement (see, to this effect, Test Claimants in the FII Group Litigation , paragraph 72). | 1 |
866,058 | 52. The Court indeed held, in paragraphs 24 and 25 of Schindler , cited above, that lottery activities are not activities relating to goods, falling, as such, under Article 30 of the Treaty, but are however to be regarded as services within the meaning of the Treaty. | 41. Making the admissibility of actions for damages subject to a prior finding that the public procurement procedure for the contract in question was unlawful because of the lack of prior publication of a contract notice, where the action for a declaration of unlawfulness is subject to a six-month limitation period, irrespective of whether or not the person harmed knew that there had been an infringement of a rule of law, is likely to render impossible in practice or excessively difficult the exercise of the right to bring an action for damages. | 0 |
866,059 | 63
Further, that request, which was made by the Commission in its reply to the present appeal, and which does not seek to have that appeal allowed or dismissed, in whole or in part, may not extend the subject matter of that appeal (see, by analogy, judgment of 10 November 2016, DTS Distribuidora de Televisión Digital v Commission, C‑449/14 P, EU:C:2016:848, paragraphs 100 and 101). | 90. So far as concerns the fuel load for international flights, it is to be noted that the European Union has expressly laid down an exemption from taxation for energy products supplied for use as fuel for the purpose of air navigation, in order in particular to comply with existing international obligations resulting from the Chicago Convention and with those owed by it under international bilateral air service agreements which it has concluded with certain third States and which prove, in this respect, to be of the same nature as the Open Skies Agreement (see Systeme Helmholz , paragraphs 24 and 25). | 0 |
866,060 | 37. However, provided that an appellant challenges the General Court’s interpretation or application of EU law, the points of law examined at first instance may be discussed again in the context of an appeal (Case C‑210/98 P Salzgitter v Commission [2000] ECR I‑5843, paragraph 43). Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose ( Interporc v Commission , paragraph 17). | 35. Article 12 of Regulation No 1612/68 confers on the children of a national of a Member State who is or has been employed in the territory of another Member State the right to be admitted to the latter State’s general educational, apprenticeship and vocational training courses under the same conditions as the nationals of that State, if those children are residing in its territory. | 0 |
866,061 | 23. Moreover, the Court has already held, in the context of a refund paid to an exporter, that the release of a security does not discharge the exporter from obligations imposed on it under Community legislation (C-155/89 Philipp Brothers [1990] ECR I-3265, paragraphs 13 to 16). This principle also applies to the final payment of an export refund to an exporter who has not produced sufficient evidence that the conditions for the right to the refund have been fulfilled. | 13 It should be borne in mind in that regard that, in its judgment of 5 December 1985 in Case 124/83 Direktoratet for Markedsordningerne v Corman ([ 1985] ECR 3777, paragraph 44, the Court held that an action against the successful tenderer in a sale of butter held by the intervention agencies for failure to fulfil his obligations is not barred once the security has been released . The Court considered that the Community rules imposed a responsibility on the successful tenderer independently of the security, release of which could not discharge him from his obligations . | 1 |
866,062 | 21. However, as is apparent from the 18 th recital in the preamble thereto, Directive 85/374 does not seek exhaustively to harmonise the sphere of liability for defective products beyond the matters regulated by it (Case C‑285/08 Moteurs Leroy Somer [2009] ECR I‑4733, paragraphs 24 and 25). | 46 AFTER HAVING ABOLISHED THE SYSTEM OF MAXIMUM CONSUMER PRICES IN FORCE BEFORE THE ESTABLISHMENT OF THE COMMUNITY SYSTEM THE ITALIAN AUTHORITIES 'IN ORDER TO SHIELD ITALIAN CONSUMERS FROM INCREASES WHICH ARE NOT DUE TO VARIATIONS OF COMMUNITY PRICES' ISSUED IN 1969, ORDER NO 1236, WHICH IN FACT ACHIEVES THIS RESULT BY MEANS OF A DECISION UNDER WHICH THE MAXIMUM LIMITS OF THE 'PRICE DIFFERENTIALS' FOR THE VARIOUS QUALITIES AND KINDS OF SUGAR, OF THE CHARGES FOR PACKAGING THE PRODUCT AS WELL AS THE TRADING MARGINS ON THE SALE OF THIS PRODUCT TO THE CONSUMER MUST REMAIN 'THOSE WHICH ARE DETERMINED BY A COMPARISON WITH THE QUOTATIONS IN ORDER NO 1119 OF 1965' BOTH FOR SALES BY PRODUCERS AND TO THE CONSUMER . | 0 |
866,063 | 45. It is also common ground that, unlike the introduction of free, undistorted competition in a traditional market, the presence of that kind of competition in the very specific market of games of chance, that is to say, between several operators authorised to run the same games of chance, is liable to have detrimental effects owing to the fact that those operators would be led to compete with each other in inventiveness in making what they offer more attractive and, in that way, increasing consumers’ expenditure on gaming and the risks of their addiction (see, to that effect, Case C-203/08 Sporting Exchange [2010] ECR I-4695, paragraph 58). | 46. According to those same provisions, such harmonisation at Community level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods ─ particularly daily and weekly ─ and adequate breaks and by providing for a ceiling on the duration of the working week (see judgments in Simap , paragraph 49, and BECTU , paragraph 38). | 0 |
866,064 | 58. Moreover, it must be noted that, where a Community institution has a wide discretion, the review of observance of certain procedural guarantees is of fundamental importance. Thus, the Court of Justice has had occasion to specify that those guarantees include the obligation for the competent institution to examine carefully and impartially all the relevant elements of the individual case and to give an adequate statement of the reasons for its decision (see Case C‑269/90 Technische Universität München [1991] ECR I‑5469, paragraph 14, and Joined Cases C‑258/90 and C‑259/90 Pesquerias De Bermeo and Naviera Laida v Commission [1992] ECR I‑2901, paragraph 26). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,065 | 8. Finally, the restriction on the participation by nationals of other Member States in the capital of the companies or firms referred to in the French legislation is contrary to Article 221 of the EC Treaty, under which Member States must accord such nationals the same treatment as their own nationals as regards participation in the capital of companies or firms ( Factortame and Others , paragraph 31). | 40. Il y a lieu de relever, à titre liminaire, que, contrairement à ce que soutient la Commission, la notion d’«État» ne doit pas être détachée de l’expression dont elle fait partie pour faire l’objet d’une interprétation séparée. La portée d’une notion de droit communautaire, telle que celle de services effectués pour un autre État, doit être appréciée dans son ensemble et interprétée en fonction de l’économie et des objectifs poursuivis par la réglementation dont elle fait partie (voir, en ce sens, arrêts du 18 mai 2000, KVS International, C‑301/98, Rec. p. I-3583, point 21; du 19 septembre 2000, Allemagne/Commission, C-156/98, Rec. p. I-6857, point 50; du 14 juin 2001, Kvaerner, C-191/99, Rec. p. I-4447, point 30, ainsi que du 16 mai 2002, Schilling et Nehring, C‑63/00, Rec. p. I‑4483, point 24). | 0 |
866,066 | 35. When reviewing the exercise of such a power, the European Union Court may not substitute its own assessment for that of the European Union legislature, and must confine itself to examining whether the legislature’s assessment contains a manifest error or constitutes a misuse of powers or whether the legislature clearly exceeded the bounds of its legislative discretion (see, to that effect, Case C‑122/94 Commission v Council [1996] ECR I‑881, paragraph 18; Case C‑84/94 United Kingdom v Council [1996] ECR I‑5755, paragraph 58; SAM Schiffahrt and Stapf , paragraph 24; and Joined Cases C‑27/00 and C‑122/00 Omega Air and Others [2002] ECR I‑2569, paragraph 64). | 12. In particular, the Court has held that the subject-matter of the dispute may be extended to events which took place after the reasoned opinion was delivered in so far as they are of the same kind and constitute the same conduct as the events to which the opinion referred (see Case 42/82 Commission v France [1983] ECR 1013, paragraph 20; Case C-113/86 Commission v Italy [1988] ECR 607, paragraph 11; and Case C-221/04 Commission v Spain [2006] ECR I-0000, paragraph 28). | 0 |
866,067 | 22. To answer that question, it is necessary to take account of the wording of the provision on which a ruling on interpretation is sought, as well as the objectives and the scheme of the directive (see, to that effect, Joined Cases C‑283/94, C‑291/94 and C‑292/94 Denkavit and Others [1996] ECR I‑5063, paragraphs 24 and 26, and Case C‑375/98 Epson Europe [2000] ECR I‑4243, paragraphs 22 and 24). | 58. Il convient de rappeler, à cet égard, que la protection de l’environnement constitue l’un des objectifs essentiels de la Communauté (voir arrêts du 7 février 1985, ADBHU, 240/83, Rec. p. 531, point 13; du 20 septembre 1988, Commission/Danemark, 302/86, Rec. p. 4607, point 8; du 2 avril 1998, Outokumpu, C‑213/96, Rec. p. I‑1777, point 32, et du 13 septembre 2005, Commission/Conseil, C‑176/03, Rec. p. I‑7879, point 41). En ce sens, l’article 2 CE énonce que la Communauté a notamment pour mission de promouvoir un «niveau élevé de protection et d’amélioration de la qualité de l’environnement» et, à cette fin, l’article 3, paragraphe 1, sous l), CE prévoit la mise en place d’une «politique dans le domaine de l’environnement». | 0 |
866,068 | 19. It should be noted, at the outset, that Article 234 EC does not empower the Court to apply rules of Community law to a particular case, but only to rule on the interpretation of the EC Treaty and of acts adopted by European Community institutions (see, inter alia, Case 100/63 van der Veen [1964] ECR 565, 572, and Case C‑203/99 Veedfald [2001] ECR I‑3569, paragraph 31). The Court may, however, in the framework of the judicial cooperation provided for by that article and on the basis of the material presented to it, provide the national court with an interpretation of Community law which may be useful to it in assessing the effects of one or other of its provisions (Case 20/87 Gauchard [1987] ECR 4879, paragraph 5, and Joined Cases C‑515/99, C‑519/99 to C‑524/99 and C‑526/99 to C‑540/99 Reisch and Others [2002] ECR I‑2157, paragraph 22). | 22 It will be recalled in respect of the first submission that, although the Court has no jurisdiction under Article 234 EC to apply a rule of Community law to a particular case and thus to judge a provision of national law by reference to such a rule it may, in the framework of the judicial cooperation provided for by that article and on the basis of the material presented to it, provide the national court with an interpretation of Community law which may be useful to it in assessing the effects of that provision (Case 20/87 Gauchard [1987] ECR 4879, paragraph 5). | 1 |
866,069 | 27. Next, it should be noted that that approach corresponds to the settled case-law of the Court, confirmed in the judgment in Pfeifer & Langen ( C‑52/14, EU:C:2015:381) . According to that case-law, there is no distinction to be drawn between an administrative penalty and an administrative measure in the application of Article 3(1) of Regulation No 2988/95. The Court clearly ruled that that provision is applicable both to irregularities leading to the imposition of an administrative penalty within the meaning of Article 5 of that regulation and to irregularities which are the subject of an administrative measure within the meaning of Article 4 of that regulation, where that measure is intended to withdraw the wrongly obtained advantage without however constituting a penalty (see, to that effect, judgments in Handlbauer , C‑278/02, EU:C:2004:388, paragraphs 33 and 34; Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others , C‑278/07 to C‑280/07, EU:C:2009:38, paragraph 22; Cruz & Companhia , C‑341/13, EU:C:2014:2230, paragraph 45; and Pfeifer & Langen , C‑52/14, EU:C:2015:381, paragraph 23). | 35. As the governments which have submitted observations and the Commission rightly submit, and as the Advocate General states in his Opinion, such legislation is nevertheless justified by the need to ensure the effective collection of income tax. | 0 |
866,070 | 12 In that respect, it is irrelevant that the position thus defined by the Commission does not satisfy Echebastar. According to the Court' s case-law, Article 175 of the Treaty relates to a failure to act in the sense of failure to take a decision or to define a position and not to the adoption of a measure different from that desired or considered necessary by the persons concerned (see the judgment in Joined Cases C-15/91 and 108/91 Josef Buckl & Soehne and Others v Commission [1992] ECR I-6061, paragraphs 16 and 17). | 43. That interpretation is consistent with the aim of the Agreement, which is to ensure the free movement of persons between the Swiss Confederation and the Community. It is also consistent with the principle of equal treatment laid down in Article 8(a) of the Agreement, given that it is aimed at ensuring that the exercise of the right to freedom of movement does not have the effect of depriving a migrant worker of social security advantages, as compared with other workers who have not exercised that right. | 0 |
866,071 | 50 It is for those reasons that the Court has repeatedly held that Article 17 of the Convention dispenses with any objective connection between the relationship in dispute and the court designated (Case 56/79 Zelger v Salinitri [1980] ECR 89, paragraph 4; MSG, paragraph 34; and Benincasa, paragraph 28). | 68. In that regard, it should be recalled that the right to deduct is an integral part of the VAT scheme which in principle may not be limited and which must be exercised immediately in respect of all the taxes charged on transactions relating to inputs (see Case C‑62/93 BP Soupergas [1995] ECR I‑1883, paragraph 18, and Case C‑437/06 Securenta [2008] ECR I‑1597, paragraph 24). | 0 |
866,072 | 21. According to settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and of the notes to the sections or chapters (see, inter alia, Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 13; Case C-495/03 Intermodal Transports [2005] ECR I-0000, paragraph 47; and Case C-445/04 Possehl Erzkontor [2005] ECR I-0000, paragraph 19). | 6 SINCE ARTICLE 43 OF THE STAFF REGULATIONS PROVIDES FOR THE MAKING OF A PERIODIC REPORT EVERY TWO YEARS THESE ARE THUS MANDATORY MEASURES WHICH MUST BE COMMUNICATED TO THE PERSON CONCERNED .
| 0 |
866,073 | 44. The exercise of public powers by one of the parties to the case, because it exercises powers falling outside the scope of the ordinary legal rules applicable to relationships between private individuals, excludes such a case from civil and commercial matters within the meaning of Article 1(1) of Regulation No 44/2001 (see, to that effect, LTU , paragraph 4; Rüffer , paragraphs 9 and 16; Sonntag , paragraph 22; Préservatrice foncière TIARD , paragraph 30; and Lechouritou and Others , paragraph 34). | 25. The first point to be noted is that, in accordance with the provisions of Article 300(7) EC, the HS Convention binds the Community institutions. The Community, under Article 3 of that convention, undertook not to alter the scope of the HS (see, to that effect, Case C‑309/98 Holz Geenen [2000] ECR I‑1975, paragraph 13). In this connection, it is also important to note that the primacy of international agreements concluded by the Community over secondary Community legislation (Case C-344/04 IATA and Others [2006] ECR I-0000, paragraph 34) requires that the latter, in so far as possible, be interpreted in conformity with those agreements (Case C‑61/94 Commission v Germany [1996] ECR I-3989, paragraph 52, and Case C‑286/02 Bellio F.lli [2004] ECR I-3465, paragraph 33). | 0 |
866,074 | 18. The prohibition on measures having an effect equivalent to restrictions set out in Article 28 EC covers all commercial rules enacted by the Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see, in particular, Case 8/74 Dassonville [1974] ECR 837, paragraph 5; Case 178/84 Commission v Germany [1987) ECR 1227 ( " Beer purity law " ), paragraph 27; and Case C-12/00 Commission v Spain [2003] ECR I-459, paragraph 71). | 106. Dans ces conditions, la dépendance fonctionnelle des registradores-liquidadores à l’égard des Communautés autonomes qui peuvent leur donner des instructions, de même que la soumission des registradores-liquidadores à un contrôle disciplinaire de la part de ces autorités, n’apparaissent pas comme déterminants pour la qualification de leur rapport juridique avec les Communautés autonomes au regard de l’article 4, paragraphe 4, de la sixième directive (voir également, en ce sens, arrêts précités Commission/Pays-Bas, point 14, et Ayuntamiento de Sevilla, point 12). | 0 |
866,075 | 38
It is settled case-law that national measures liable to hinder the exercise of fundamental freedoms guaranteed by the Treaty or make it less attractive may be allowed only if they pursue an objective in the public interest, are appropriate for ensuring the attainment of that objective and do not go beyond what is necessary to attain the objective pursued (see judgment of 13 July 2016, Pöpperl, C‑187/15, EU:C:2016:550, paragraph 29 and the case-law cited). | 19 Thus, that system allows goods imported from non-member countries to escape customs duties if they undergo certain working or processing operations in the Community and are then re-exported as compensating products outside the Community. | 0 |
866,076 | 27
The first condition means that the legislative act displays the same characteristics as a consent within the meaning of Article 1(2) of Directive 85/337. It must, in particular, grant the developer the right to carry out the project and must include, like a development consent, following their consideration by the legislature, all the elements of the project relevant to the environmental impact assessment (see, to that effect, judgments of 16 September 1999, WWF and Others, C‑435/97, EU:C:1999:418, paragraphs 58 and 59, and of 18 October 2011, Boxus and Others, C‑128/09 to C‑131/09, C‑134/09 and C‑135/09, EU:C:2011:667, paragraphs 38 and 39). The legislative act must therefore demonstrate that the objectives of Directive 85/337 have been achieved as regards the project in question (see, to that effect, judgment of 18 October 2011, Boxus and Others, C‑128/09 to C‑131/09, C‑134/09 and C‑135/09, EU:C:2011:667, paragraph 39 and the case-law cited). | 14 As the Court has held, most recently in its judgment of 27 June 1989 in Case 113/88 Leukhardt v Hauptzollamt Reutlingen (( 1989 )) ECR 1991, paragraph 13 ), the structure and purpose of the regulations on the additional levy indicate that they contain an exhaustive list of the situations in which reference quantities or individual quantities may be granted and set out precise rules concerning the determination of those quantities . | 0 |
866,077 | 30 It must be observed that Article 36 of the Treaty enables the Member States to apply national provisions that restrict intra-Community trade in order to protect the health and life of humans. However, measures based on Article 36 of the Treaty cannot be justified unless they are necessary in order to attain the objective pursued by that article and that objective is not capable of being attained by measures which are less restrictive of intra-Community trade (see, in particular, Case 72/83 Campus Oil and Others v Minister for Industry and Energy and Others [1984] ECR 2727, paragraph 37; Case 216/84 Commission v France [1988] ECR 793, paragraph 7; and Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 58). | 29. Otherwise, a worker, such as the appl icant in the main proceedings, who is unfit for work for several consecutive reference periods, would be entitled to accumulate, without any limit, all the entitlements to paid annual leave that are acquired during his absence from work. | 0 |
866,078 | 44. That authority is not attached only to the operative part of the BAI v Commission judgment. It is also attached to the ratio decidendi of that judgment which is inseparable from it (see, to that effect, Joined Cases 97/86, 193/86, 99/86 and 215/86 Asteris and Others v Commission [1988] ECR 2181, paragraph 27, and Commission v AssiDomän Kraft Products and Others , paragraph 54). | 123. The European Union must respect international law in the exercise of its powers, and therefore Directive 2008/101 must be interpreted, and its scope delimited, in the light of the relevant rules of the international law of the sea and international law of the air (see, to this effect, Poulsen and Diva Navigation , paragraph 9). | 0 |
866,079 | 64
In that respect, DEI and the Commission state that, if, according to the settled case-law of the Court, an omission attributed to a Member State may result in the emergence of State aid (judgment of 19 mars 2013, Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others, C‑399/10 P and C‑401/10 P, EU:C:2013:175, paragraphs 100 to 103), such would, a fortiori, be the case of a measure taken by an organ of the State, even when it is not a legislative measure. | 11 It is also established that this pension scheme is funded wholly by the employees and employers in the industry concerned, to the exclusion of any financial contribution from the public purse. | 0 |
866,080 | 46
It should be recalled that the Court has already acknowledged, in certain cases, that third-country nationals, family members of a Union citizen, who were not eligible, on the basis of Directive 2004/38, for a derived right of residence in the Member State of which that citizen is a national could, however, be accorded such a right on the basis of Article 21(1) TFEU (see, to that effect, judgments of 12 March 2014, O. and B., C‑456/12, EU:C:2014:135, paragraphs 44 to 50, and of 10 May 2017, Chavez-Vilchez and Others, C‑133/15, EU:C:2017:354, paragraph 54). | 13. According to the Convention’s recitals, the purpose of such a transfer is inter alia to further the social rehabilitation of sentenced persons, by allowing foreigners who are deprived of their liberty as a result of their commission of a criminal offence to serve their sentences within their own society. | 0 |
866,081 | 125
It is true that, according to the case-law of the Court of Justice, the adjective ‘informed’ suggests that, without being a designer or a technical expert, the user knows the various designs which exist in the sector concerned, possesses a certain degree of knowledge with regard to the features which those designs normally include, and, as a result of his interest in the products concerned, shows a relatively high degree of attention when he uses them (judgment of 20 October 2011, PepsiCo v Grupo Promer Mon Graphic, C‑281/10 P, EU:C:2011:679, paragraph 59). | 32 It is clear from the wording of Article 4(2)(b) of Directive 69/335 that, when the Community legislature intended to limit the scope of a provision of that directive specifying the chargeable event for capital duty to transactions carried out by members of the capital company receiving the contributions, it did so clearly by referring to members expressly. | 0 |
866,082 | 40 A provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and there is a consequent risk that it will place the former at a particular disadvantage and if it is not justified by objective considerations independent of the nationality of the workers concerned, and proportionate to the legitimate aim pursued by that law (see, O'Flynn, cited above, paragraphs 19 and 20). | 52. Consequently, the answer to the first two questions in Case C‑509/09 and the single question in Case C‑161/10 is that Article 5(3) of the Regulation must be interpreted as meaning that, in the event of an alleged infringement of personality rights by means of content placed online on an internet website, the person who considers that his rights have been infringed has the option of bringing an action for liability, in respect of all the damage caused, either before the courts of the Member State in which the publisher of that content is established or before the courts of the Member State in which the centre of his interests is based. That person may also, instead of an action for liability in respect of all the damage caused, bring his action before the courts of each Member State in the territory of which content placed online is or has been accessible. Those courts have jurisdiction only in respect of the damage caused in the territory of the Member State of the court seised.
Interpretation of Article 3 of the Directive | 0 |
866,083 | 49. With regard, thirdly, to the procedure for the grant of the concessions at issue in the main proceedings, it must first be recalled that although, as European Union law now stands, service concessions are not governed by any of the directives by which the European Union legislature has regulated public procurement, the public authorities which grant such concessions are none the less bound to comply with the fundamental rules of the Treaties, in particular Articles 43 EC and 49 EC, and with the consequent obligation of transparency (see, to that effect, Case C‑324/98 Telaustria and Telefonadress [2000] ECR I‑10745, paragraphs 60 and 61; Case C‑231/03 Coname [2005] ECR I‑7287, paragraphs 16 to 19; Case C‑458/03 Parking Brixen [2005] ECR I‑8585, paragraphs 46 to 48; Case C‑91/08 Wall [2010] ECR I‑0000, paragraph 33; and Case C‑203/08 Sporting Exchange [2010] ECR I‑0000, paragraph 39). | 45. It follows from the foregoing that the second plea is too obscure for a response to be given and must be declared inadmissible. | 0 |
866,084 | 39. It is only when the grounds for exclusion concerned do not relate to the professional qualities of economic operators, and, therefore, do not fall within that exhaustive list that it is possible to consider whether those grounds may be permissible under the principles or other rules of EU public procurement law (see, to this effect, Fabricom , paragraphs 25 to 36; Michaniki , paragraphs 44 to 69; and Case C-538/07 Assitur [2009] ECR I-4219, paragraphs 21 to 33). | 51. Directive 95/60, relating to fiscal marking, was adopted pursuant to Article 9 of Directive 92/81. Far from being inconsistent with the objective of Directive 92/81, the objective of Directive 95/60, as evidenced by the first and third recitals in the preamble thereto, is to complement the former by contributing to the achievement and proper functioning of the internal market. | 0 |
866,085 | 31. In that regard, it is settled case-law that, in the absence of Community legislation, it is for the internal legal order of each Member State to designate the competent courts and lay down the detailed procedural rules for legal proceedings intended fully to safeguard the rights which individuals derive from Community law. It is thus on the basis of the rules of national law on liability that the State must make reparation for the consequences of the loss or damage caused, provided that the conditions, including time-limits, for reparation of loss or damage laid down by national law are not less favourable than those relating to similar domestic claims (principle of equivalence) and are not so framed as to make it in practice impossible or excessively difficult to obtain reparation (principle of effectiveness) (see, inter alia, Francovich and Others , paragraphs 42 and 43, and Case C-261/95 Palmisani [1997] ECR I-4025, paragraph 27). | 39. The remuneration model applied by STIM takes account of the number of musical works protected by copyright actually broadcast, because, as is apparent from the order for reference, the amount of those royalties varies in accordance not only with the revenue of the television broadcasting companies but also with the amount of music broadcast. | 0 |
866,086 | 30. It must also be pointed out, first, that the right to deduct forms an integral part of the VAT mechanism and in principle cannot be limited ( Bockemühl , paragraph 38, and Case C-368/09 Pannon Gép Centrum [2010] ECR I-7467, paragraph 37 and the case-law cited). | 65. C’est à la juridiction nationale qu’il incombe d’établir l’existence de ces deux éléments, dont la preuve doit être rapportée conformément aux règles du droit national, pour autant qu’il n’est pas porté atteinte à l’efficacité du droit de l’Union (arrêt Emsland-Stärke, précité, point 54). | 0 |
866,087 | 46. It is thus clear from case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 62
In order to be able to classify an article as a ‘part’, it is not sufficient to show that, without that article, the machine is not able to function properly. It remains necessary to establish that the mechanical or electrical functioning of the machine in question is dependent upon that article (see judgment in Rohm Semiconductor, C‑666/13, EU:C:2014:2388, paragraph 46 and the case-law cited). | 0 |
866,088 | 38. A measure which constitutes an obstacle to freedom of movement for workers can be accepted only if it pursues a legitimate aim compatible with the Treaty and is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (see, inter alia, Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Bosman , paragraph 104; Kranemann , paragraph 33; and ITC , paragraph 37). | 85. À cet égard, il y a lieu de rappeler que le Tribunal est seul compétent pour contrôler la façon dont la Commission a apprécié dans chaque cas particulier la gravité des comportements illicites. Dans le cadre du pourvoi, le contrôle de la Cour a pour objet, d’une part, d’examiner dans quelle mesure le Tribunal a pris en considération, d’une manière juridiquement correcte, tous les facteurs essentiels pour apprécier la gravité d’un comportement déterminé à la lumière des articles 81 CE et 23 du règlement n° 1/2003 et, d’autre part, de vérifier si le Tribunal a répondu à suffisance de droit à l’ensemble des arguments invoqués au soutien de la demande de suppression de l’amende ou de réduction du montant de celle-ci (voir, notamment, arrêts précités Baustahlgewebe/Commission, point 128, ainsi que Dansk Rørindustri e.a./Commission, point 244). | 0 |
866,089 | 17 In the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law. However, such rules must not be less favourable than those governing similar domestic actions nor render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see, in particular, the judgments in Case 33/76 Rewe v Landwirtschaftskammer fuer das Saarland [1976] ECR 1989, paragraph 5, Case 45/76 Comet v Produktschap voor Siergewassen [1976] ECR 2043, paragraphs 12 to 16, Case 68/79 Hans Just v Danish Ministry for Fiscal Affairs [1980] ECR 501, paragraph 25, Case 199/82 Amministrazione delle Finanze dello Stato v San Giorgio [1983] ECR 3595, paragraph 14, Joined Cases 331/85, 376/85 and 378/85 Bianco and Girard v Directeur Général des Douanes des Droits Indirects [1988] ECR 1099, paragraph 12, Case 104/86 Commission v Italy [1988] ECR 1799, paragraph 7, Joined Cases 123/87 and 330/87 Jeunehomme and EGI v Belgian State [1988] ECR 4517, paragraph 17, Case C-96/91 Commission v Spain [1992] ECR I-3789, paragraph 12, and Joined Cases C-6/90 and C-9/90 Francovich and Others v Italian Republic [1991] ECR I-5357, paragraph 43). | 31. Since the Commission has claimed that the Court should impose a penalty payment on the French Republic, it should also be ascertained whether the alleged breach of obligations has continued up to the Court’s examination of the facts.
The extent of the obligations on the Member States under the common fisheries policy | 0 |
866,090 | 41. The Republic of Austria cannot, outside the period laid down by Article 230 EC, contest the lawfulness of an act adopted by the Community legislature which has become final with respect to it. It is settled case-law that a Member State cannot properly plead the unlawfulness of a directive or decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision or comply with that directive (see, inter alia, Case C-74/91 Commission v Germany [1992] ECR I-5437, paragraph 10, and Case C-154/00 Commission v Greece [2002] ECR I-3879, paragraph 28). | 51. En outre, il ressort de la jurisprudence de la Cour que l’objectif d’assurer la sécurité dans les eaux portuaires constitue également une raison impérieuse d’intérêt général (arrêt Naftiliaki Etaireia Thasou et Amaltheia I Naftiki Etaireia, EU:C:2011:163, point 45) et que le service de lamanage constitue un service technique nautique essentiel au maintien de la sécurité dans les eaux portuaires, qui présente les caractéristiques d’un service public (arrêt Corsica Ferries France, EU:C:1998:306, point 60). | 0 |
866,091 | 21. In that connection, it should be recalled that, in the context of the cooperation between the Court of Justice and the national courts provided for by Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of European Union law, the Court of Justice is bound, in principle, to give a ruling (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-18/01 Korhonen and Others [2003] ECR I-5321, paragraph 19; and Joined Cases C-261/07 and C‑299/07 VTB-VAB and Galatea [2009] ECR I-2949, paragraph 32). | 22. However, such legislation is liable to have a dissuasive effect on non‑Dutch‑speaking employees and employers from other Member States and therefore constitutes a restriction on the freedom of movement for workers. | 0 |
866,092 | 15. As the Court has held, the concept of ‘worker’ within the meaning of Article 39 EC has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for w hich he receives remuneration (see, in particular, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and Case C-138/02 Collins [2004] ECR I-0000, paragraph 26). | 119. In that regard, the Court has held, furthermore, that it follows from that provision that, under the system introduced by Regulation No 2081/92, where Member States have the power to adopt decisions, even of a provisional nature, which derogate from the provisions of the regulation, that power is derived from express rules ( Chiciak and Fol , paragraph 32). | 0 |
866,093 | 32. It must be found that those provisions are comparable to those of the Staff Regulations of the European Investment Bank (‘EIB’) regarding which the Court concluded that the system adopted for the employment relations between the EIB and its employees is contractual and is accordingly founded on the principle that individual contracts concluded between the EIB and each of its employees constitute the outcome of an agreement resting on mutual consent (Case 110/75 Mills v EIB [1976] 955, paragraph 22, and Case C-449/99 P EIB v Hautem [2001] ECR I‑6733, paragraph 93). | 36. Observance of the rights of the defence is a general principle of Community law which applies where the authorities are minded to adopt a measure which will adversely affect an individual. | 0 |
866,094 | 81. In accordance with settled case-law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means (see, to that effect, Case 106/77 Simmenthal [1978] ECR 629, paragraph 24; Joined Cases C‑13/91 and C‑113/91 Debus [1992] ECR I‑3617, paragraph 32; Case C‑119/05 Lucchini [2007] ECR I‑6199, paragraph 61; and Case C‑115/08 ČEZ [2009] ECR I‑0000, paragraph 138). | 24THE FIRST QUESTION SHOULD THEREFORE BE ANSWERED TO THE EFFECT THAT A NATIONAL COURT WHICH IS CALLED UPON , WITHIN THE LIMITS OF ITS JURISDICTION , TO APPLY PROVISIONS OF COMMUNITY LAW IS UNDER A DUTY TO GIVE FULL EFFECT TO THOSE PROVISIONS , IF NECESSARY REFUSING OF ITS OWN MOTION TO APPLY ANY CONFLICTING PROVISION OF NATIONAL LEGISLATION , EVEN IF ADOPTED SUBSEQUENTLY , AND IT IS NOT NECESSARY FOR THE COURT TO REQUEST OR AWAIT THE PRIOR SETTING ASIDE OF SUCH PROVISION BY LEGISLATIVE OR OTHER CONSTITUTIONAL MEANS .
| 1 |
866,095 | 30 It should be remembered, at the outset, that the Court has consistently held that, in interpreting a provision of Community law, it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (See Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10; Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23; Case C-301/98 KVS International [2000] ECR I-3583, paragraph 21; and Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50). | 34. Finally, it must be added that, contrary to what Leo-Libera submits, the principle of fiscal neutrality, which provides that supplies of similar services, which are therefore in competition with each other, must not be treated differently for VAT purposes, also does not preclude legislation such as that at issue in the main proceedings. | 0 |
866,096 | 32 As the Court of Justice held in paragraph 10 of its judgment in Borrie Clarke, cited above, the directive does not provide for any derogation from the principle of equal treatment laid down in Article 4(1) of the directive so as to authorize the continuation of the discriminatory effects of earlier provisions of national law. Therefore, after 22 December 1984, the date on which the period laid down by the directive for bringing national legislation into conformity with the directive expired, a Member State may not maintain any inequalities of treatment. | 46. Toutefois, hormis le fait que la République hellénique semble elle-même reconnaître la participation des employés et de l’État, en tant qu’employeur, au financement du régime litigieux, il ressort en tout état de cause de la jurisprudence de la Cour que les modalités de financement et de gestion d’un régime de pension tel que celui en cause en l’espèce ne constituent pas non plus un élément décisif pour apprécier si ledit régime relève de l’article 141 CE (arrêts précités Beune, point 38; Griesmar, point 37, et Niemi, point 43). | 0 |
866,097 | 23 As regards the first of those concepts, it should be recalled at the outset that the Court has consistently concluded from the wording of Article 12 of the EEC-Turkey Association Agreement and Article 36 of the additional protocol, signed on 23 November 1970, annexed to that Agreement and concluded by Council Regulation (EEC) No 2760/72 of 19 December 1972 (OJ 1973 C 113, p. 18), as well as from the objective of Decision No 1/80, that the principles enshrined in Articles 48, 49 and 50 of the EC Treaty must be extended, so far as possible, to Turkish workers who enjoy the rights conferred by Decision No 1/80 (see, to that effect, Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14, 19 and 20; Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraphs 20 and 28, and the judgments in Günaydin, paragraph 21, and Ertanir, paragraph 21). | 36 As regards the first part, Article 93(1) of the Treaty provides that the Commission, in cooperation with the Member States, is to keep under constant review the systems of aid existing in those States. It is to propose to them any appropriate measures required by the progressive development or by the functioning of the common market. That provision thus involves an obligation of regular, periodic cooperation on the part of the Commission and the Member States, from which neither the Commission nor a Member State can release itself for an indefinite period depending on the unilateral will of either of them (see Case C-135/93 Spain v Commission [1995] ECR I-1651). | 0 |
866,098 | 27 As far as direct taxation is concerned, the Court has held, in cases relating to the taxation of income of natural persons, that the situations of residents and non-residents in a given State are not generally comparable, since there are objective differences between them from the point of view of the source of the income and the possibility of taking account of their ability to pay tax or their personal and family circumstances (Schumacker, cited above, paragraphs 31 to 32; Wielockx, cited above, paragraph 18; and Asscher, cited above, paragraph 41). However, it has explained that, in the case of a tax advantage denied to non-residents, a difference in treatment between the two categories of taxpayer might constitute discrimination within the meaning of the Treaty where there is no objective difference such as to justify different treatment on this point as between the two categories of taxpayers (Schumacker, cited above, paragraphs 36 to 38, and Asscher, cited above, paragraph 42). | 9AS REGARDS WORKERS , THIS RULE HAS BEEN IMPLEMENTED BY ARTICLES 48 TO 51 OF THE EEC TREATY AND BY MEASURES OF THE COMMUNITY INSTITUTIONS ADOPTED ON THE BASIS OF THOSE ARTICLES , IN PARTICULAR , REGULATION NO 1408/71 . | 0 |
866,099 | 96. That sentence thus appears unconditional and sufficiently precise for the Court to be able to assess the validity of Directive 2008/101 in the light thereof (see, with regard to compliance with environmental norms derived from a convention, Pêcheurs de l’étang de Berre , paragraph 47). | 36 So far as the gradual improvement in fisheries management is concerned, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it (Commission v Spain, cited above, paragraph 15). Although those efforts led to a reduction in the extent to which quotas were exceeded, they cannot excuse the failures that occurred. | 0 |
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