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866,400 | 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). | 25 Nevertheless, as the Austrian and French Governments and the Commission have argued, the mere fact that contracting authorities allow bodies which receive subsidies enabling them to submit tenders at prices appreciably lower than those of the other, unsubsidised, tenderers, to take part in a procedure for the award of a public procurement contract does not amount to a breach of the principle of equal treatment. | 0 |
866,401 | 83 In considering the question whether the requirement that a Bulgarian national whose presence within the host Member State's territory is irregular must submit a new establishment application in due and proper form in his State of origin or, as the case may be, in another country is compatible with the rule of equal treatment laid down in Article 45(1) of the Association Agreement, where such a requirement could not be imposed on the host Member State's own nationals, it is important to bear in mind that the Court has held, with regard to the free movement of workers, that the reservation contained in Article 48(3) of the EC Treaty (now, after amendment, Article 39(3) EC) allows Member States, on the grounds set out in that provision, and in particular grounds justified by requirements of public policy, to take measures against nationals of other Member States which they could not apply to their own nationals, inasmuch as they have no authority to expel the latter from the national territory or deny them access to it (see, in this regard, Case 41/74 Van Duyn [1974] ECR 1337, paragraph 22; Joined Cases 115/81 and 116/81 Adoui and Cornuaille [1982] ECR 1665, paragraph 7; Case C-370/90 Singh [1992] ECR I-4265, paragraph 22; Joined Cases C-65/95 and C-111/95 Shingara and Radiom [1997] ECR I-3343, paragraph 28; and Case C-171/96 Pereira Roque [1998] ECR I-4607, paragraph 37). | 31 Although the wording of those provisions does not provide an express answer to that question, there is nevertheless a basis in Community law for the view that the rights guaranteed to migrant workers do not necessarily depend on the actual or continuing existence of an employment relationship . | 0 |
866,402 | 35. It should be recalled that in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions referred concern the interpretation of European Union law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑419/04 Conseil général de la Vienne [2006] ECR I-5645, paragraph 19; Case C‑119/05 Lucchini [2007] ECR I-6199, paragraph 43; and Case C‑52/09 TeliaSonera [2011] ECR I-0000, paragraph 15). | 15 S' agissant de la deuxième question, c' est-à-dire la nature de la preuve à apporter en cette matière et la pertinence des publications scientifiques citées par la Commission, il est constant que les ouvrages dont il s' agit font autorité dans le domaine de l' avifaune . Pour ce qui est de l' argument du gouvernement italien selon lequel les données présentées par la Commission ne concernent pas spécifiquement la situation italienne, il convient d' observer qu' au cas où aucune littérature spécifique relative au territoire de l' État membre concerné ne serait disponible la Commission peut se référer à des ouvrages ornithologiques qui traitent d' une aire générale de distribution dont l' État membre relève . Le gouvernement italien n' a d' ailleurs pas produit d' études scientifiques alternatives pour infirmer les indications fournies par la Commission . | 0 |
866,403 | It must be recalled that point 13 of the Guidelines on the method of setting fines pursues the objective of adopting as the starting point for the calculation of the fine imposed on an undertaking an amount which reflects the economic significance of the infringement and the size of the undertaking’s contribution to it (judgment of 9 July 2015, InnoLux v Commission, C‑231/14 P, EU:C:2015:451, paragraph 50 and the case-law cited). | 17 Where a taxable person acquires goods solely for his private requirements, he is acting in a private capacity and not as a taxable person within the meaning of the Sixth Directive. Consequently, the various provisions of the Sixth Directive concerning the acquisition of goods by a business, in particular Article 17(2), which confers on taxable persons the right to deduct VAT, and the administrative and accounting rules laid down in Articles 18 and 22 of the Sixth Directive, do not apply. | 0 |
866,404 | 52
In that regard, the Court has repeatedly held that the essential function of a trade mark is to guarantee the origin of the goods to consumers, in the sense that it serves to identify the goods or services covered by the trade mark as originating from a particular undertaking and thus to distinguish those goods or services from those of other undertakings (judgment of 6 March 2014, Backaldrin Österreich The Kornspitz Company, C‑409/12, EU:C:2014:130, paragraph 20 and the case-law cited). | 16 Those considerations are equally applicable to courses given in an institute of higher education which is financed, essentially, out of public funds. | 0 |
866,405 | 41 That case-law must, however, be clarified further in the light of the arguments raised in these cases, and in Bristol-Myers Squibb and Case C-232/94 MPA Pharma v Rhône-Poulenc, in which the Court has also given judgment today.
Artificial partitioning of the markets between Member States | 58. However, it must be stated that the declared objectives pursued by the legislation at issue in the main proceedings, namely the protection of consumers against gambling addiction and the prevention of crime and fraud linked to gambling, constitute overriding reasons in the public interest capable of justifying restrictions on gambling (see, to that effect, judgments in Carmen Media Group , C‑46/08, EU:C:2010:505, paragraph 55, and in Stanley International Betting and Stanleybet Malta , C‑463/13, EU:C:2015:25, paragraphs 48 and 49 and the case-law cited). | 0 |
866,406 | En faisant application de cette jurisprudence au cas d’espèce, le Tribunal n’a commis aucune erreur de droit, étant donné
que la Cour a déjà constaté que, du point de vue de l’accès au dossier administratif, les procédures de contrôle des aides
d’État et celles de contrôle des opérations de concentration sont comparables et qu’il convient de reconnaître l’existence
d’une présomption générale de confidentialité des documents afférents à ces procédures dans chacune de celles-ci (voir, en
ce sens, arrêt du 28 juin 2012, Commission/Éditions Odile Jacob, C‑404/10 P, EU:C:2012:393, points 117 à 123). | 29 It should be noted that by disallowing any review of a foreign judgment as to its substance, Article 29 and the third paragraph of Article 34 of the Convention prohibit the courts of the State in which enforcement is sought from refusing to recognise or enforce that judgment solely on the ground that there is a discrepancy between the legal rule applied by the court of the State of origin and that which would have been applied by the court of the State in which enforcement is sought had it been seised of the dispute. Similarly, the court of the State in which enforcement is sought cannot review the accuracy of the findings of law or fact made by the court of the State of origin (Krombach, paragraph 36). | 0 |
866,407 | 54. In that connection, it must be recalled, as the Commission argued, that recovery of unlawful aid is the logical consequence of the finding that it is unlawful and that consequence cannot depend on the form in which the aid was granted (see, in particular, Case C‑183/91 Commission v Greece [1993] ECR I‑3131, paragraph 16; Commission v Portugal [2000] ECR I‑4897, paragraph 38; and Case C‑507/08 Commission v Slovakia [2010] ECR I‑0000, paragraph 42). | 16 It follows from the Court' s case-law that recovery of unlawful aid is the logical consequence of the finding that it is unlawful (see in particular Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 66). That consequence cannot depend on the form in which the aid was granted. | 1 |
866,408 | 64. The Court has therefore more specifically held that Article 41(1) of the Additional Protocol prohibits the introduction, as from the date of entry into force of the legal act of which that provision forms part in the host Member State, of any new restrictions on the exercise of freedom of establishment or freedom to provide services, including those relating to the substantive and/or procedural conditions governing the first admission to the territory of that Member State of Turkish nationals intending to make use of those economic freedoms (see Case C‑16/05 Tum and Dari [2007] ECR I‑7415, paragraph 69, and Soysal and Savatli , paragraphs 47 and 49). | 39. It should also be recalled that, according to settled case-law of the Court, the purpose of the provisions of that regulation which determine the applicable legislation is not only to prevent the concurrent application of a number of national legislative systems and the complications which might ensue, but also to ensure that persons covered by the regulation are not left without social security cover because there is no legislation which is applicable to them (see, to that effect, judgment in Mulders , C‑548/11, EU:C:2013:249, paragraph 39 and the case-law cited). | 0 |
866,409 | 30
Secondly, it is apparent from the Court’s case-law that the principle that abusive practices are prohibited is applied to the rights and advantages provided for by EU law irrespective of whether those rights and advantages have their basis in the Treaties (see, so far as concerns the fundamental freedoms, inter alia judgments of 3 December 1974, van Binsbergen, 33/74, EU:C:1974:131, paragraph 13, and of 9 March 1999, Centros, C‑212/97, EU:C:1999:126, paragraph 24), in a regulation (judgments of 6 April 2006, Agip Petroli, C‑456/04, EU:C:2006:241, paragraphs 19 and 20, and of 13 March 2014, SICES and Others, C‑155/13, EU:C:2014:145, paragraphs 29 and 30) or in a directive (see, in relation to VAT, inter alia judgment of 3 March 2005, Fini H, C‑32/03, EU:C:2005:128, paragraph 32; judgment in Halifax, paragraphs 68 and 69; and judgment of 13 March 2014, FIRIN, C‑107/13, EU:C:2014:151, paragraph 40). It is thus apparent that that principle is not of the same nature as the rights and advantages to which it applies. | 40. In the light of the foregoing, it is necessary, in order to provide an answer to the questions referred, to determine, in the first place, the nature of the transactions carried out within the context of the loyalty rewards schemes at issue in the cases in the main proceedings. | 0 |
866,410 | 22 That argument cannot be accepted. The Court has consistently held that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia, Case C-387/93 Banchero [1995] ECR I-4663, paragraph 15, and Case C-105/94 Celestini v Saar-Sektkellerei Faber [1997] ECR I-2971, paragraph 21). Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court is, in principle, bound to give a ruling (see, inter alia, Case C-415/93 Union Royale Belge des Sociétés de Football Association and Others v Bosman and Others [1995] ECR I-4921, paragraph 59). | 19 It is not clear, on the other hand, that the condition of independence is satisfied. | 0 |
866,411 | 60. It should in this regard be borne in mind that the Member States have the obligation to establish the Communities’ own resources (see Case C‑96/89 Commission v Netherlands [1991] ECR I‑2461, paragraph 38, and Commission v Germany , cited above, paragraph 45). Article 2(1) of Regulation No 1552/89 must be interpreted as meaning that the Member States may not dispense with determining claims, even where these are disputed; otherwise, it would have to be accepted that the financial equilibrium of the Communities may be disrupted by the conduct of a Member State (see, to that effect, Case C‑96/89 Commission v Netherlands , cited above, paragraph 37, and Case C‑348/97 Commission v Germany [2000] ECR I‑4429, paragraph 64). | 26. It follows that an application by a person who has been placed under guardianship for authorisation to dispose of his immovable property, such as the application under consideration by the referring court, is directly linked to the legal capacity of the natural person concerned for the purposes of Article 1(2)(a) of Regulation No 44/2001: the fact that judicial authorisation is necessary for the disposal of immovable property belonging to persons under guardianship is the immediate consequence of their lack of full legal capacity, being a requirement laid down for their protection in that context. | 0 |
866,412 | 26 With regard to that argument, it suffices to refer to the Court' s settled case-law according to which the concept of public service within the meaning of Article 48(4) of the Treaty requires uniform interpretation and application throughout the Community and cannot therefore be left entirely to the discretion of the Member States (see, in particular, the judgment in Case 152/73 Sotgiu [1974] ECR 153 and the judgment in Case 149/79 Commission v Belgium, cited above, paragraphs 12 and 18). | 130. For that reason, an ‘injunction’ as referred to in the third sentence of Article 11 of Directive 2004/48 cannot be equated with an ‘injunction aimed at prohibiting the continuation of the infringement’ as referred to in the first sentence of Article 11. | 0 |
866,413 | 16 The effect of Article 1(d) of Directive 89/48 and Article 1(f) of Directive 92/51 is that, where the conditions for taking up or pursuing a professional activity are directly or indirectly governed by legal provisions, whether laws, regulations or administrative provisions, that activity constitutes a regulated profession (see Case C-164/94 Aranitis [1996] ECR I-135, paragraph 18). | 22 Therefore, the appropriate checks must be carried out and protective measures adopted within the framework outlined by the harmonising directives (see Case C-323/93 Centre d'Insémination de la Crespelle v Coopérative de la Mayenne [1994] ECR I-5077, paragraph 31). In that regard, the Member States must display mutual trust with regard to checks carried out on their respective territories (see, most recently, Case C-1/96 R v MAFF, ex parte Compassion in World Farming [1998] ECR I-1251, paragraph 47). | 0 |
866,414 | 36. In the context of freedom of movement for workers, Article 48 of the Treaty grants nationals of the Member States a right of residence in the territory of other Member States in order to pursue or to seek paid employment (Case C-171/91 Tsiotras [1993] ECR I-2925, paragraph 8). | 60. Le fait que le régime particulier des agences de voyages constitue une exception aux règles de droit commun, de sorte que, en tant que telle, cette exception ne doit pas être étendue au-delà de ce qui est nécessaire pour atteindre les objectifs qu’elle poursuit (voir arrêt First Choice Holidays, précité, point 22), n’implique cependant pas qu’il faille adopter l’approche fondée sur le voyageur si celle-ci porte atteinte à l’effet utile de ce régime particulier. | 0 |
866,415 | 24
It must be recalled, to that end, that the Court has held that that very concept, within the meaning of Article 3(1) of Directive 72/166 (‘the First Directive’), the content of which essentially corresponds to that of the first and second paragraphs of Article 3 of Directive 2009/103, cannot be left to the discretion of each Member State, but constitutes an autonomous concept of EU law, which must, in accordance with the Court’s settled case-law, be interpreted in the light, in particular, of the context of that provision and the objectives pursued by the rules of which it is part (see, to that effect, judgments of 4 September 2014, Vnuk, C‑162/13, EU:C:2014:2146, paragraphs 41 and 42, and of 28 November 2017, Rodrigues de Andrade, C‑514/16, EU:C:2017:908, paragraph 31). | 34. À cet égard, la Cour a précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette livraison (arrêt Commission/Pologne, précité, point 30 et jurisprudence citée). | 0 |
866,416 | 38. However, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation obtaining in the Member State at the end of the period laid down in the reasoned opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-323/01 Commission v Italy [2002] ECR I-4711, paragraph 8, and Case C-510/04 Commission v Belgium [2005] ECR I-0000, paragraph 7). | 17 CONSEQUENTLY, IF SUPPLEMENTS TO A MINIMUM SOCIAL SECURITY BENEFIT ARE INTENDED, WHERE BENEFICIARIES HAVE NO INCOME FROM WORK, TO PREVENT THE BENEFIT FROM FALLING BELOW THE MINIMUM SUBSISTENCE LEVEL FOR PERSONS WHO, BY VIRTUE OF THE FACT THAT THEY HAVE A DEPENDENT SPOUSE OR CHILDREN, BEAR HEAVIER BURDENS THAN SINGLE PERSONS, SUCH SUPPLEMENTS MAY BE JUSTIFIED UNDER THE DIRECTIVE . | 0 |
866,417 | 35 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Case C-128/93 Fisscher [1994] ECR I-4583, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 59. The pharmacological properties of a product are the factor on the basis of which it must be ascertained, in the light of the potential capacities of the product, whether it may, for the purposes of the second subparagraph of Article 1(2) of Directive 2001/83, be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings ( HLH Warenvertrieb and Orthica , paragraph 52). | 0 |
866,418 | 22. Nevertheless, the Court has also held that, in exceptional circumstances, it may examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction (see, to that effect, judgment in Filipiak , EU:C:2009:719, paragraph 41 and the case-law cited). | 27. According to the explanations relating to Article 31 of the Charter, which, under the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, must be taken into account in the interpretation of the Charter, Article 31(2) of the Charter is based on Directive 93/104 and on Article 2 of the European Social Charter, signed in Turin on 18 October 1961 and revised in Strasbourg on 3 May 1996, and on point 8 of the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council in Strasbourg on 9 December 1989. | 0 |
866,419 | 20 When the question is considered, it must be noted that, according to the third recital in its preamble, Decision No 1/80 is intended to improve, in the social field, the treatment accorded to workers and members of their families in relation to the arrangements introduced by Decision No 2/76, which was adopted on 20 December 1976 by the Association Council established by the Association Agreement between the European Economic Community and Turkey. The provisions of Chapter II, Section 1, of Decision No 1/80 thus constitute a further stage in securing freedom of movement for workers on the basis of Articles 48, 49 and 50 of the EC Treaty (see, in particular, Case C-434/93 Bozkurt v Staatssecretaris van Justitie [1995] ECR I-1475, paragraphs 14 and 19, and Case C-171/95 Tetik v Land Berlin [1997] ECR I-329, paragraph 20). | 19 On that point, it should first be noted that, when the Association Council adopted the social provisions in Decision No 1/80, its aim was to go one stage further, guided by Articles 48, 49 and 50 of the Treaty, towards securing freedom of movement for workers. | 1 |
866,420 | 36. In the case where a parent company holds 100% of its subsidiary’s capital, there is a rebuttable presumption that the parent company does in fact exercise a decisive influence over the conduct of its subsidiary (see judgment in Akzo Nobel and Others v Commission , C‑97/08 P, EU:C:2009:536, paragraph 60 and the case-law cited). | 45. In that regard, as the Advocate General stated at point 38 of her Opinion, significance may be attached to factors such as the amount of time spent on transporting the goods in question, the place of registration and usual use of the goods, the place of residence of the purchaser and the presence or absence of links between the purchaser and the Member State of supply or another Member State. | 0 |
866,421 | 43. It should first be noted that, pursuant to Article 168(7) TFEU, as clarified by the case-law of the Court and by recital 26 in the preamble to Directive 2005/36, EU law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, provisions to govern the organisation of health services such as pharmacies. In exercising that power, however, Member States must comply with EU law and, in particular, with the Treaty provisions on the fundamental freedoms, since those provisions prohibit Member States from introducing or maintaining unjustified restrictions on the exercise of those freedoms in the healthcare sector (see, to that effect, Hartlauer , paragraph 29; Case C-531/06 Commission v Italy [2009] ECR I-0000, paragraph 35; and Joined Cases C-171/07 and C-172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I-0000, paragraph 18). | 54. En l’occurrence, la vérification, par les SOA, de la capacité technique et financière des entreprises soumises à la certification, de la véracité et du contenu des déclarations, certificats et documents présentés par les personnes auxquelles l’attestation est délivrée ainsi que du maintien des conditions relatives à la situation personnelle du candidat ou du soumissionnaire ne saurait être considérée comme une activité relevant de l’autonomie décisionnelle propre à l’exercice de prérogatives de puissance publique. Cette vérification est entièrement déterminée par le cadre réglementaire national. En outre, elle est accomplie sous une surveillance étatique directe et elle a pour fonction de faciliter la tâche des pouvoirs adjudicateurs dans le domaine des marchés publics de travaux, sa finalité étant de permettre à ces derniers d’accomplir leur mission en ayant une connaissance précise et circonstanciée de la capacité tant technique que financière des soumissionnaires. | 0 |
866,422 | 131. As to the admissibility of the claim in so far as it concerns the alleged failure to transpose Directive 2005/36, it must be recalled that, as the Court has previously held, although the claims as stated in the application cannot in principle be extended beyond the infringements alleged in the operative part of the reasoned opinion and in the letter of formal notice, the fact nevertheless remains that the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the original version of a European Union measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new European Union measure. Conversely, the subject-matter of the dispute cannot be extended to obligations arising under new provisions which have no equivalent in the original version of the measure concerned, for otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (see, to that effect, Case C‑365/97 Commission v Italy , paragraph 36; Case C‑363/00 Commission v Italy [2003] ECR I‑5767, paragraph 22; and Case C‑416/07 Commission v Greece [2009] ECR I‑7883, paragraph 28). | 28 The Landsting contends that the Court cannot answer the questions referred without first determining whether the duties in point in the main proceedings are of equal value. Since, in its submission, a midwife's duties are not comparable to those of a clinical technician, there can be no infringement of Article 119 of the Treaty. | 0 |
866,423 | 26. Moreover, in order to determine the nature of a taxable transaction, regard must be had to all the circumstances in which the transaction in question takes place in order to identify its characteristic features (see Case C-231/94 Faaborg-Gelting Linien [1996] ECR I-2395, paragraph 12, and Stockholm Lindöpark , 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 |
866,424 | 70. With regard to Article 5(1) of Directive 76/207, which prohibits any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal, the Court has already held it to be sufficiently precise to be relied upon by an individual as against the State and applied by a national court in order to prevent the application of any national provision which is inconsistent with Article 5(1) (see Case 152/84 Marshall [1986] ECR 723, paragraphs 52 and 56 ( "Marshall I " ), and Seymour-Smith and Perez , paragraph 40). | 128. That being so, a lack of reciprocity in relations between Member States and non-member States other than States party to the EEA Agreement cannot justify a restriction on the movement of capital between Member States and those non-member States. | 0 |
866,425 | 108. In that regard, it should be noted that the question whether the General Court could, properly in law, conclude from those facts that the institutions had failed neither in their duty to act diligently nor in their duty to state reasons is a question of law subject to the review of the Court of Justice on appeal ( Moser Baer India v Council , paragraph 34). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,426 | 34. In such a situation, it is clear from settled case-law that, although it does not require total abolition of State monopolies of a commercial character, Article 31(1) EC requires them to be adjusted in such a way as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States (see, to that effect, Case 59/75 Manghera and Others [1976] ECR 91, paragraphs 4 and 5; Case 91/78 Hansen [1979] ECR 935, paragraph 8; Case 78/82 Commission v Italy [1983] ECR 1955, paragraph 11; Case C-387/93 Banchero [1995] ECR I-4663, paragraph 27; and Case C-189/95 Franzén [1997] ECR I-5909, paragraph 38). | 35. Nevertheless, as is clear from that case-law, exercise of an exclusive right by the owner may, in exceptional circumstances, involve abusive conduct ( Volvo , paragraph 9, and Magill , paragraph 50). | 0 |
866,427 | 44
The Court has already acknowledged, as regards relief from import duty of goods of negligible value, that such relief aims at administrative simplification of customs procedures (see, to that effect, judgment of 2 July 2009, Har Vaessen Douane Service, C‑7/08, EU:C:2009:417, paragraph 33). | 26. In relation to the principle of equivalence, it should be borne in mind that, according to settled case-law, this requires that all the rules applicable to actions apply without distinction to actions alleging infringement of European Union law and to similar actions alleging infringement of national law (Case C‑542/08 Barth [2010] ECR I‑3189, paragraph 19 and the case-law cited). | 0 |
866,428 | 21
However, the Court has consistently held that it is for it to determine whether or not the alleged breach of obligations exists, even if the State concerned does not deny the breach (judgment of 10 March 2016, Commission v Spain, C‑38/15, not published, EU:C:2016:156, paragraph 29 and the case-law cited). | Par ailleurs, il appartient à la Cour de constater si le manquement reproché existe ou non, même dans la mesure où l’État
concerné ne conteste pas le manquement (voir, notamment, arrêt Commission/Allemagne, C‑43/05, EU:C:2006:145, point 11). | 1 |
866,429 | 34 Moreover, the information contained in the judgment making the reference was supplemented by that contained in the file forwarded by the national court and the written observations submitted to the Court. All that information, set out in the Report for the Hearing, was brought to the notice of the Governments of the Member States and other interested parties for the purposes of the hearing, in the course of which they were able, where appropriate, to supplement their observations (see also, to that effect, Albany, cited above, paragraph 43, and Brentjens', also cited above, paragraph 42). | That logic consists in ensuring that the reductions of greenhouse gas emissions required to achieve a predetermined environmental
outcome take place at the lowest cost. By allowing in particular the allowances that have been allocated to be sold, the scheme
is intended to encourage a participant in the scheme to emit quantities of greenhouse gases that are less than the allowances
originally allocated him, in order to sell the surplus to another participant who has emitted more than his allowance (judgment
in Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 32). | 0 |
866,430 | 35
In this connection, the Court held that the condition of residence laid down in the Law on State financial aid for higher education studies, as amended by the Law of 26 July 2010, was appropriate for attaining the objective in the public interest, acknowledged at the level of the European Union, of promoting higher education and of significantly increasing the proportion of Luxembourg residents who hold a higher education degree (judgment of 20 June 2013, Giersch and Others, C‑20/12, EU:C:2013:411, paragraphs 53, 56 and 68). | 53. With regard to the social objective, it should be pointed out that the promotion of higher education is an objective in the public interest, acknowledged at the level of the European Union, as stated inter alia by the Austrian and Luxembourg Governments. | 1 |
866,431 | 434. In that regard, the Court of First Instance was correct to observe that, according to a consistent line of decisions of the Court of Justice, to give indications of the level of the contemplated fines, when the undertakings have not been in a position to put forward their observations on the objections held against them, would be tantamount to anticipate inappropriately the Commission’s decision (see Musique Diffusion française and Others v Commission , paragraph 21, and Michelin v Commission , paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,432 | 42. That being so, for the purposes of assessing whether that obligation has been complied with, account must be taken of the fact that the health and life of humans rank foremost among the assets and interests protected by the EC Treaty and that it is for the Member States to determine the level of protection which they wish to afford to public health and the way in which that level is to be achieved. Since the level may vary from one Member State to another, Member States should be allowed a measure of discretion (see, to that effect, Case C‑141/07 Commission v Germany [2008] ECR I‑6935, paragraph 51; Apothekerkammer des Saarlandes and Others , paragraph 19; and Blanco Pérez and Chao Gómez , paragraph 44). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,433 | 39. It should further be observed that Article 82 EC cannot be infringed by a rule such as that laid down in Article 49 of the Greek Road Traffic Code unless trade between Member States is affected by it. As the Advocate General pointed out in points 63 and 64 of her Opinion, such an effect on trade between Member States can be assumed only if it is possible to foresee with a sufficient degree of probability, on the basis of a set of objective legal and factual elements, that the behaviour in question may have an influence, direct or indirect, actual or potential, on trade between Member States in such a way as might hinder the attainment of a single market between Member States (Case C‑475/99 Ambulanz Glöckner [2001] ECR I‑8089, paragraph 48). Purely hypothetical or speculative effects that the conduct of an undertaking in a dominant position may have do not satisfy that criterion. Similarly, the impact on intra-community trade must not be insignificant (Joined Cases C‑215/96 and C‑216/96 Bagnasco and Others [1999] ECR I-135, paragraph 60, and Ambulanz Glöckner , cited above, paragraph 48). | 31. Moreover, there is no doubt that Astra Zeneca actually receives consideration for the provision of the retail vouchers at issue and that that consideration is expressed in money, since it corresponds to a fraction of the cash remuneration of its employees. | 0 |
866,434 | 47. Furthermore, the way in which a benefit is classified under domestic law is not decisive for the purposes of determining whether or not that benefit falls within the material scope of Regulation No 1408/71 (see Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 14; Joined Cases C‑245/94 and C‑312/94 Hoever and Zachow [1996] ECR I‑4895, paragraph 17; and Offermanns , paragraph 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,435 | 87. It has also been held that the freedom to provide services includes the freedom for the recipients of services, including persons in need of medical treatment, to go to another Member State in order to receive those services there (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16). | 16 IT FOLLOWS THAT THE FREEDOM TO PROVIDE SERVICES INCLUDES THE FREEDOM , FOR THE RECIPIENTS OF SERVICES , TO GO TO ANOTHER MEMBER STATE IN ORDER TO RECEIVE A SERVICE THERE , WITHOUT BEING OBSTRUCTED BY RESTRICTIONS , EVEN IN RELATION TO PAYMENTS AND THAT TOURISTS , PERSONS RECEIVING MEDICAL TREATMENT AND PERSONS TRAVELLING FOR THE PURPOSE OF EDUCATION OR BUSINESS ARE TO BE REGARDED AS RECIPIENTS OF SERVICES .
| 1 |
866,436 | 87. None the less, it is a matter for the national authorities alone, in the context of their power of assessment, to define the objectives which they intend to protect, to determine the means which they consider most suited to achieve them and to establish rules for the operation and playing of games, which may be more or less strict (see, to that effect, Schindler , cited above, paragraph 61; Läärä and Others , cited above, paragraph 35, and Zenatti , cited above, paragraph 33) and which have been deemed compatible with the Treaty. | 4 HAVING REGARD TO THE OBJECTIVES OF THE COMMUNITY, THE PRACTICE OF SPORT IS SUBJECT TO COMMUNITY LAW ONLY IN SO FAR AS IT CONSTITUTES AN ECONOMIC ACTIVITY WITHIN THE MEANING OF ARTICLE 2 OF THE TREATY . | 0 |
866,437 | 64 As was pointed out in paragraph 58 above, if such an administrative procedure is to be compatible with Community law, it must not be less favourable than the procedure governing similar domestic actions; nor may it make it impossible or excessively difficult in practice to exercise rights conferred by Community law. Moreover, the Court has consistently held that the existence of a judicial remedy against any decision of a national authority refusing the benefit of a fundamental right conferred by the Treaty is essential in order to secure for the individual effective protection for his right (see Case 222/86 Unectef v Heylens and Others [1987] ECR 4097, paragraph 14, and Case C-18/88 Régie des Télégraphes et des Téléphones v GB-Inno-BM [1991] ECR I-5941, paragraph 34). | 31. Toutefois, si les conclusions contenues dans la requête ne sauraient en principe être étendues au-delà des manquements allégués dans le dispositif de l’avis motivé et dans la lettre de mise en demeure, il n’en demeure pas moins que la Commission est recevable à faire constater un manquement aux obligations qui trouvent leur origine dans la version initiale d’un acte communautaire, par la suite modifiée ou abrogée, qui ont été maintenues par de nouvelles dispositions (arrêt Commission/Belgique, précité, point 35). | 0 |
866,438 | 57. Lastly, since Article 19(4) of Regulation No 2571/97 provides that ‘rights and obligations arising in connection with the invitation to tender shall not be transferable’, the successful tenderer remains responsible for the use to which the butter is finally put and must answer for the conduct of the persons with whom he enters into contracts as well as that of subsequent buyers (see, by analogy, Case 124/83 Corman [1985] ECR 3777, paragraph 19). | 24. The borrowers also discontinued their payments to the Bank. | 0 |
866,439 | 25. It should be recalled that, according to settled case-law, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, in particular, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59, and Case C‑466/04 Acereda Herrera [2006] ECR I‑5341, paragraph 47). | 120. Or, il résulte d’une jurisprudence constante que, dans le cadre d’un pourvoi, un moyen dirigé contre un motif surabondant de l’arrêt attaqué dont le dispositif est fondé à suffisance de droit sur d’autres motifs est inopérant et doit, dès lors, être rejeté (voir, en ce sens, arrêt du 12 novembre 1996, Ojha/Commission, C‑294/95 P, Rec. p. I‑5863, point 52). | 0 |
866,440 | 19. The Court has, however, subsequently acknowledged that a defaulting Member State may rely on the expiry of a limitation period as a defence against legal proceedings, even though by the date on which the actions in question were brought that Member State had not yet correctly transposed the directive in question, ruling that the solution established in Emmott had been justified by the circumstances particular to that case, in which a time-bar had had the result of depriving the applicant in the main proceedings of any opportunity whatever to invoke her right to equal treatment under a directive (see Case C‑338/91 Steenhorst-Neerings [1993] ECR I‑5475; Case C‑410/92 Johnson [1994] ECR I‑5483; Fantask and Others , paragraphs 50 to 52; Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051; and Danske Slagterier , paragraphs 53 to 56). | 28. Moreover, the ambiguity in the wording of the statement of objections is exacerbated by the fact that no statement of objections was sent to BNGW. | 0 |
866,441 | 44. Nevertheless, contrary to the situations at issue in those cases and that which gave rise to the judgment in D. , on which the Federal Republic of Germany relies, application of the German-Polish Agreement concerns, since the accession of the Republic of Poland to the Union, two Member States, with the result that the provisions of that agreement can apply to relations between those Member States only in compliance with Community law, in particular with the Treaty rules on the free provision of services (see, by analogy, inter alia, Case 235/87 Matteucci [1988] ECR 5589, paragraphs 16 and 19 to 21, and Case C‑478/07 Budĕjovický Budvar [2009] ECR I‑0000, paragraphs 97 and 98). | 22
Therefore, Article 49 EC must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which a procedure for withholding tax at source is applied to the income of non-resident financial institutions in the Member State in which the services are provided, whereas the income received by financial institutions resident in that Member State is not subject to such withholding tax, provided that the application to the non-resident financial institutions of the withholding tax is justified by an overriding reason in the general interest and does not go beyond what is necessary to attain the objective pursued. | 0 |
866,442 | 31 It must be stated in that regard that notification of the Community acts referred to in the fifth paragraph of Article 173 and Article 191 of the EC Treaty necessarily involves the communication of a detailed account of the contents of the measure notified and of the reasons on which it is based. In the absence of such an account, the third party concerned would be denied precise knowledge of the contents of the act in question and of the reasons for which it was adopted, which would enable him to bring proceedings effectively against that decision (see, in particular, with regard to Article 191, Case 58/88 Olbrechts v Commission [1989] ECR 2643, paragraph 10). | 80. It is appropriate to add, as the Advocate General observed in point 85 of his Opinion, that where insured persons receive hospital treatment in a Member State other than that of residence without applying for authorisation under Article 22(1)(c)(i) of Regulation No 1408/71, they can claim reimbursement of the cost of the treatment given to them, on the basis of Article 49 EC, only within the limits of the cover provided by the sickness insurance scheme to which they are affiliated (see, to that effect, Müller-Fauré and van Riet , paragraphs 98 and 106). The same applies where a refusal to issue the prior authorisation required under Article 22 is justified. | 0 |
866,443 | 75. As regards the first part of the fourth ground of appeal, it is settled case-law that, in order to assess whether a mark has acquired distinctive character following the use which has been made of it, the following may also be taken into account: the market share held by the mark; how intensive, geographically widespread and long-standing use of the mark has been; the amount invested by the undertaking in promoting the mark; the proportion of the relevant class of persons who, because of the mark, identify goods as originating from a particular undertaking; and statements from chambers of commerce and industry or other trade and professional associations (see, to that effect, in relation to Article 3(3) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), a provision which is identical, in substance, to Article 7(3) of Regulation No 40/94, and Joined Cases C-108/97 and C-109/97 Windsurfing Chiemsee [1999] ECR I-2779, paragraph 51, Case C-299/99 Philips [2002] ECR I-5475, paragraph 60, and Case C-353/03 Nestlé [2005] ECR I-6135, paragraph 31). | 111. De telles considérations, dans la mesure où elles fondent l’appréciation relative aux décisions litigieuses sur la base légale correcte, à savoir sur la réglementation en vigueur à la date de leur adoption (voir arrêt du 17 mai 2001, IECC/Commission, C‑449/98 P, Rec. p. I‑3875, point 87), ne sont entachées d’aucune erreur de droit et offrent une motivation suffisante du rejet des arguments avancés en première instance. Dès lors, les arguments des requérants tirés de la violation des principes d’égalité de traitement et de non-discrimination sont inopérants et celui tiré d’une insuffisance de motivation n’est pas fondé. | 0 |
866,444 | 56. By contrast, a benefit is regarded as a social security benefit where it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a statutorily defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case C‑356/89 Newton [1991] ECR I‑3017; Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 15; Molenaar , paragraph 20; and Jauch , paragraph 25). It was on the basis of that case-law, which takes account of the components of German care insurance benefits, that the Court held, in paragraph 25 of Molenaar , that those benefits were to be regarded as ‘sickness benefits’ for the purpose of Article 4(1)(a) of Regulation No 1408/71 and, in paragraph 36 of that judgment, that they were to be regarded as ‘cash benefits’ of sickness insurance as referred to inter alia in Article 19(1)(b) of that regulation (see also Jauch , paragraph 25). | 78. Une approche plus rigoureuse de l’encadrement de 2001 ayant ainsi été constatée, il convient de vérifier si ce changement concerne les dispositions des encadrements en cause qui sont, en l’espèce, pertinentes. En effet, se pose la question de savoir si ledit changement était susceptible d’influer sur la décision litigieuse, c’est-à-dire si cette dernière a été prise sur la base de principes et de critères nouveaux introduits par l’encadrement de 2001. | 0 |
866,445 | 28. Secondly, it is clear from settled case-law that, in order to provide a satisfactory answer to the national court which has referred a question to it, the Court of Justice may deem it necessary to consider provisions of Community law to which the national court has not referred in its question (Case 35/85 Tissier [1986] ECR 1207, paragraph 9; Case C-315/88 Bagli Pennacchiotti [1990] ECR I-1323, paragraph 10, and Case C-107/98 Teckal [1999] ECR I-8121, paragraph 39). | 47
Furthermore, it should be noted that the EU legislature must take account of the precautionary principle, according to which, where there is uncertainty as to the existence or extent of risks to human health, protective measures may be taken without having to wait until the reality and seriousness of those risks become fully apparent. Where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because of the insufficiency, inconclusiveness or imprecision of the results of studies conducted, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures (see, inter alia, judgment of 17 December 2015, Neptune Distribution, C‑157/14, EU:C:2015:823, paragraphs 81 and 82). | 0 |
866,446 | 73. In order to answer the first question in Case C‑203/11, it is necessary to provide the referring court with guidance on interpretation in order to enable it to determine whether the measures described in paragraphs 71 and 72 above may be classified as State aid in accordance with Article 107(1) TFEU (Case C‑140/09 Fallimento Traghetti del Mediterraneo [2010] ECR I‑5243, paragraphs 23 and 24). | 56
With regard to the requirement relating to the comparability of the situations for the purpose of determining whether there is an infringement of the principle of equal treatment, that requirement must be assessed in the light of all the factors characterising those situations (see, inter alia, judgments of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 25, and of 1 October 2015, O, C‑432/14, EU:C:2015:643, paragraph 31). | 0 |
866,447 | 123. Moreover, according to settled case-law, the Commission enjoys a wide discretion in setting the amount of fines and is not bound by assessments made by it in the past (see Dansk Rørindustri and Others v Commission , paragraphs 209 to 213, and Case C-510/06 P Archer Daniels Midland v Commission [2009] ECR I-0000, paragraph 82). It follows that the appellant cannot invoke the Commission’s decision-making policy before the Community judicature. | 61. Extrapolation of the data of certain Länder to others is not therefore prohibited in principle. It must, however, always be justified by the evidence. | 0 |
866,448 | 43. In relation to international conventions in general, it should be noted that, according to the case-law of the Court, if the Community is not a Contracting Party to a convention, in principle the Court is not competent to interpret the provisions of that convention in the context of preliminary proceedings (Case 130/73 Vandeweghe and Others [1973] ECR 1329, paragraph 2; Order C‑162/98 Hartmann [1998] ECR I-7083, paragraph 9; Case C-301/08 Bogiatzi [2009] ECR I-10185, paragraph 24; and Case C-533/08 TNT Express Nederland [2010] ECR I-0000, paragraph 61). | 36. A woman who is treated unfavourably because of absence on maternity leave suffers discrimination on the ground of her pregnancy and of that leave. Such conduct constitutes discrimination on the grounds of sex within the meaning of Directive 76/207 (Case C-342/93 Gillespie and Others [1996] ECR I‑475, paragraph 22; Thibault , paragraphs 29 and 32; and Case C-147/02 Alabaster , [2004] ECR I-0000, paragraph 47). | 0 |
866,449 | 62. Basing its decision on paragraph 104 of Smits and Peerbooms and paragraph 90 of Müller-Fauré and van Riet , the Court held that, in order to determine whether treatment which is equally effective for the patient can be obtained without undue delay in the Member State of residence, the competent institution is required to have regard to all the circumstances of each specific case, taking due account not only of the patient’s medical condition at the time when authorisation is sought and, where appropriate, of the degree of pain or the nature of the patient’s disability which might, for example, make it impossible or extremely difficult for him to carry out a professional activity, but also of his medical history ( Inizan , paragraph 46). | 57 As regards the principle of proportionality, the Court has held that, in order to establish whether a provision of Community law complies with that principle, it must be ascertained whether the means which it employs are suitable for the purpose of achieving the desired objective and whether they do not go beyond what is necessary to achieve it (see, in particular, Case C-426/93 Germany v Council [1995] ECR I-3723, paragraph 42). | 0 |
866,450 | 41 As to the first point, the Court of Justice held in Tilly Russ, at paragraph 24, that, in so far as a jurisdiction clause incorporated in a bill of lading is valid under Article 17 of the Convention as between the shipper and the carrier, it can be pleaded against the third party holding the bill of lading so long as, under the relevant national law, the holder of the bill of lading succeeds to the shipper's rights and obligations. | 56 In such a situation the Court cannot substitute its own assessment for that of the Community legislature. It could, at most, find fault with its legislative choice only if it appeared manifestly incorrect or if the resultant disadvantages for certain economic operators were wholly disproportionate to the advantages otherwise offered. | 0 |
866,451 | 46. It is true that, when ruling in the context of a reference for a preliminary ruling, the Court of Justice may not rule on the interpretation of national laws or regulations (Case 32/76 Saieva [1976] ECR 1523, paragraph 7; Joined Cases 91/83 and 127/83 Heineken Brouwerijen [1984] ECR 3435, paragraph 10; and Joined Cases C‑92/92 and C‑326/92 Phil Collins and Others [1993] ECR I‑5145, paragraph 13). | 57. Finally, a link between the conflicting marks is necessarily established when there is a likelihood of confusion, that is to say, when the relevant public believes or might believe that the goods or services marketed under the earlier mark and those marketed under the later mark come from the same undertaking or from economically-linked undertakings (see to that effect, inter alia, Case C‑342/97 Lloyd Schuhfabrik Meyer [1999] ECR I‑3819, paragraph 17, and Case C‑533/06 O2 Holdings and O2 (UK) [2008] ECR I‑0000, paragraph 59). | 0 |
866,452 | 38
The second, internal, aspect is linked to impartiality and seeks to ensure a level playing field for the parties to the proceedings and their respective interests with regard to the subject matter of those proceedings. That aspect requires objectivity and the absence of any interest in the outcome of the proceedings apart from the strict application of the rule of law (see, inter alia, judgments of 19 September 2006, Wilson, C‑506/04, EU:C:2006:587, paragraph 52; of 9 October 2014, TDC, C‑222/13, EU:C:2014:2265, paragraph 31; and of 6 October 2015, Consorci Sanitari del Maresme, C‑203/14, EU:C:2015:664, paragraph 20). | 86 IT MUST THEREFORE BE CONCLUDED THAT BY BINDING DEALERS IN THE NETHERLANDS TO ITSELF BY MEANS OF THE DISCOUNT SYSTEM DESCRIBED ABOVE MICHELIN NV COMMITTED AN ABUSE , WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY , OF ITS DOMINANT POSITION IN THE MARKET FOR NEW REPLACEMENT TYRES FOR HEAVY VEHICLES . THE SUBMISSION PUT FORWARD BY THE APPLICANT TO REFUTE THAT FINDING IN THE CONTESTED DECISION MUST THEREFORE BE REJECTED .
( D ) DISCRIMINATION AGAINST CERTAIN DEALERS | 0 |
866,453 | 37
First, as regards the relevant provisions of the regulation in question, it should be observed that under Article 71(3) of that regulation, the rules on eligibility of expenditure are, as a general rule, to be set at national level, subject to the special conditions laid down in that regulation for certain rural development measures (see, inter alia, judgment of 15 May 2014 in Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 27). | 32. It follows that, for a commercial communication to be capable of being categorised as an invitation to purchase, it is not necessary for it to include an actual opportunity to purchase or for it to appear in proximity to and at the same time as such an opportunity. | 0 |
866,454 | 134. The essence of effective judicial protection must be that it should enable the person concerned to obtain a declaration from a court, by means of a judgment ordering annulment whereby the contested measure is retroactively erased from the legal order and is deemed never to have existed, that the listing of his name, or the continued listing of his name, on the list concerned was vitiated by illegality, the recognition of which may re‑establish the reputation of that person or constitute for him a form of reparation for the non-material harm he has suffered (see, to that effect, Abdulrahim v Council and Commission , paragraphs 67 to 84).
– The errors of law affecting the judgment under appeal | 53. In this respect, it must be recalled that the fiscal autonomy referred to in paragraphs 44 and 51 of this judgment also means that the Member States are at liberty to determine the conditions and the level of taxation for different types of establishments chosen by national companies or partnerships operating abroad, on condition that those companies or partnerships are not treated in a manner that is discriminatory in comparison with comparable national establishments. | 0 |
866,455 | 97. Firstly, with respect to the argument that the disadvantage suffered by a taxpayer such as Mr de Groot in relation to the reduction of tax is to a large extent compensated for by a progressivity advantage, described by the Advocate General at the national court and referred to by the Belgian Government, it is sufficient to state that it is settled case-law that detrimental tax treatment contrary to a fundamental freedom cannot be justified by the existence of other tax advantages, even if those advantages exist (see, with respect to the freedom of establishment, Case 270/83 Commission v France [1986] ECR 273, paragraph 21, Case C-107/94 Asscher [1996] ECR I-3089, paragraph 53, and Saint-Gobain , paragraph 54; with respect to the freedom to provide services, Case C-294/97 Eurowings Luftverkehr [1999] ECR I-7447, paragraph 44; and, with respect to the free movement of capital, Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 61). | 37
Therefore, that interpretation would be such as to limit appreciably the effectiveness of the procedures provided for by the Framework Decision and, accordingly, to prevent full achievement of the objective pursued by it, which consists in facilitating judicial cooperation by the establishment of a more effective system for the surrender of persons convicted or suspected of having infringed criminal law. | 0 |
866,456 | 40. Consequently, if reimbursement of the VAT becomes impossible or excessively difficult as a result of the conditions under which applications for reimbursement of tax may be made, those principles may require that the Member States provide for the instruments and the detailed procedural rules necessary to enable the taxable person to recover the unduly invoiced tax (see, to that effect and by way of analogy, Reemtsma Cigarettenfabriken , paragraph 41). | 81. The choice as to the number of comparisons which the advertiser wishes to make between the products which he is offering and those offered by his competitors falls within the exercise of his economic freedom. Any obligation to restrict each price comparison to the average prices of the products offered by the advertiser and those of rival products would be contrary to the objectives of the Community legislature. | 0 |
866,457 | 20. It is settled case-law that, since Article 1 of the Brussels Convention serves to indicate the area of application of the Convention, it is necessary, in order to ensure, as far as possible, that the rights and obligations which derive from it for the Contracting States and the persons to whom it applies are equal and uniform, that the terms of that provision should not be interpreted as a mere reference to the internal law of one or other of the States concerned. "Civil and commercial matters" must therefore be regarded as an independent concept to be interpreted by reference, first, to the objectives and scheme of the Convention and, secondly, to the general principles which stem from the national legal systems as a whole (Case 29/76LTU [1976] ECR 1541, paragraph 3; Case 133/78 Gourdain [1979] ECR 733, paragraph 3; Case 814/79 Rüffer [1980] ECR 3807, paragraph 7; Case C-172/91 Sonntag [1993] ECR I-1963, paragraph 18, and Case C-271/00 Baten [2002] ECR I-10489, paragraph 28). | 45. It should be noted, in the first place, that the allocation of emission allowances free of charge was a transitional measure intended to prevent undertakings from losing competitiveness as a result of the scheme for emission allowance trading. Accordingly, it is not directly related to the environmental objective of reducing emissions. | 0 |
866,458 | 49. It should be pointed out, in that regard, that Article 30 EC cannot be understood as authorising measures other than the quantitative restrictions on imports and exports and the measures having equivalent effect envisaged by Articles 28 EC and 29 EC (see, to that effect Case C-302/00 Commission v France [2002] ECR I‑2055, paragraph 33). In the present case, the Commission has not alleged any infringement of Articles 28 EC or 29 EC. | 68 As for the anomaly threshold applied in the cases in the main proceedings, this results from a calculation carried out for each contract notice and is based essentially on the average of the tenders submitted for that contract. | 0 |
866,459 | 19. Next, under Article 7(3) of the directive a Member State may require, for purposes of prompt and appropriate medical treatment in the event of difficulties, that adequate and sufficient information regarding substances contained in cosmetic products be made available to the competent authority (see Case C-246/91 Commission v France [1993] ECR I‑2289, paragraph 9). | En effet, il est usuel, étant donné que l’interdiction de participer à des pratiques et à des accords anticoncurrentiels ainsi que les sanctions que les contrevenants peuvent encourir sont notoires, que les activités que ces pratiques et ces accords comportent se déroulent de manière clandestine, que les réunions se tiennent secrètement, le plus souvent dans un pays tiers, et que la documentation y afférente soit réduite au minimum. Même si la Commission découvre des pièces attestant de manière explicite une prise de contact illégitime entre des opérateurs, telles que les comptes rendus d’une réunion, celles-ci ne seront normalement que fragmentaires et éparses, de sorte qu’il se révèle souvent nécessaire de reconstituer certains détails par des déductions (arrêt du 17 juin 2010, Lafarge/Commission, C‑413/08 P, EU:C:2010:346, point 22). | 0 |
866,460 | 34. In so far as concerns the cover by compulsory insurance of damage caused by motor vehicles which must be compensated under national civil liability law, the second sentence of Article 3(1) of the First Directive indeed left it, as submitted by the German Government, to the Member States to determine the damage covered and the terms and conditions of compulsory insurance (see, to that effect, Case C‑129/94 Ruiz Bernáldez [1996] ECR I‑1829, paragraph 15). | 510 The greater or lesser degree of regular participation by the undertaking in the meetings and of completeness of its implementation of the measures agreed is relevant not to the establishment of its liability but rather to the extent of that liability and thus to the severity of the penalty. | 0 |
866,461 | 57. Admittedly, the employment criterion cannot be regarded as exclusive, since pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune , paragraph 44, Evrenopoulos , paragraph 20, Griesmar , paragraph 29, and Niemi , paragraph 46). Such pensions do not constitute "pay" for the purposes of Article 119 of the Treaty or Article 141 EC (see, to that effect, Beune , paragraphs 24 and 44, Griesmar , paragraph 27, and Niemi , paragraph 39). | 41. Il découle d’une jurisprudence constante que le juge national est tenu d’apprécier d’office le caractère abusif d’une clause contractuelle relevant du champ d’application de cette directive dès qu’il dispose des éléments de droit et de fait nécessaires à cet effet (voir, en ce sens, arrêt Sánchez Morcillo et Abril García, C‑169/14, EU:C:2014:2099, point 24). | 0 |
866,462 | 27. As the Court has already held in Case C‑444/93 Megner and Scheffel [1995] ECR I‑4741, paragraphs 18 to 21 and 29, while a person in minor employment of the kind referred to in the national court’s question has the status of worker within the meaning of Article 39 EC, social policy is, in the current state of Community law, a matter for the Member States, who have a wide discretion in exercising their powers in that respect. However, that wide discretion cannot have the effect of undermining the rights granted to individuals by the provisions of the EC Treaty in which their fundamental freedoms are enshrined (see, with reference to Article 39 EC, Case C‑18/95 Terhoeve [1999] ECR I‑345, paragraph 44, and Case C‑208/05 ITC [2007] ECR I‑0000, paragraphs 39 and 40, and, by analogy, concerning equal treatment of men and women workers, Megner and Scheffel , and Case C‑77/02 Steinicke [2003] ECR I‑9027, paragraphs 61 and 63). | 8 IT FOLLOWS THEREFORE THAT THE MATTER WAS OF DIRECT CONCERN TO THE APPLICANT . | 0 |
866,463 | 28. As regards the issue of whether notarial fees, such as those in question in the main proceedings, are charged ‘in respect of registration or any other formality required before the commencement of business to which a company ... may be subject by reason of its legal form’ within the meaning of Article 10(c) of Directive 69/335, it is apparent from the Court’s consistent case-law that that provision must be broadly interpreted as including not only procedures which are formally required before the capital company commences business, but also the formalities which are necessary for carrying on the business of that company (see Albert Reiss Beteiligungsgesellschaft , EU:C:2007:385, paragraph 51 and the case-law cited). | 65. S’agissant, ensuite, du grief de la Commission visant la pratique des autorités portugaises en matière d’inscription des ressources propres dans le cadre de la convention ATA, il convient de rappeler, d’une part, que, dans le cadre d’une procédure en manquement, il incombe à la Commission d’établir l’existence du manquement allégué, en apportant à la Cour les éléments nécessaires à la vérification par celle-ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, en ce sens, arrêts du 29 mai 2001, Commission/Italie, C-263/99, Rec. p. I-4195, point 27, ainsi que du 6 novembre 2003, Commission/Royaume-Uni, C-434/01, Rec. p. I‑13239, point 21 et jurisprudence citée). | 0 |
866,464 | 42
In the context of that cooperation, questions relating to EU law enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments of 21 January 2003, Bacardi-Martini and Cellier des Dauphins, C‑318/00, EU:C:2003:41, paragraph 43; of 15 September 2011, Unió de Pagesos de Catalunya, C‑197/10, EU:C:2011:590, paragraph 17, and of 19 June 2012, Chartered Institute of Patent Attorneys, C‑307/10, EU:C:2012:361, paragraph 32). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,465 | 70
Nevertheless, the application of a procedural rule, such as a reasonable limitation period, is to be distinguished from a temporal limitation of the effects of an interpretation of a rule of EU law (see, to that effect, judgment of 15 April 2010, Barth, C‑542/08, EU:C:2010:193, paragraph 30 and the case-law cited). In that regard, it must be recalled that it is for the Court alone, in the light of the fundamental requirement of a general and uniform application of EU law, to decide upon the temporal limitations to be placed on the interpretation it lays down in respect of such a rule (see, to that effect, judgment of 2 February 1988, Barra and Others, 309/85, EU:C:1988:42, paragraph 13). | 44. Second, such an analysis would be liable to impair the effectiveness of Articles 13 and 22 of Directive 2008/50 because it would allow a Member State to disregard the deadline imposed by Article 13 under less stringent conditions than those imposed by Article 22. | 0 |
866,466 | 34 In that case, even though the detailed rules regarding the marking or the labelling remained to be defined, marking or labelling would, in itself, be compulsory, also for imported products (see, in particular, Case C-13/96 Bic Benelux [1997] ECR I-1753, paragraph 23). In addition, having regard to the aim of Directive 83/189, namely the protection of free movement of goods by means of preventive control (see, in particular, Case C-194/94 CIA Security International [1996] ECR I-2201, paragraphs 40 and 48), such a control, implemented in accordance with the procedure prescribed by that directive, would be both appropriate and possible. | 32. In the context of the present request for a preliminary ruling, the national legislation at issue in the main proceedings governs, in general, certain fees connected with the administration of justice. It is not intended to implement provisions of European Union law. In addition, European Union law does not contain any specific rules in that area or any which are likely to affect that national legislation. | 0 |
866,467 | 88. According to settled case-law, the obligation on the General Court to state reasons does not require it to provide an account which follows exhaustively, one after the other, all the arguments put forward by the parties to the case. The reasoning of the General Court may therefore be implicit on condition that it enables the persons concerned to know the reason for the General Court’s decision and provides the Court of Justice with sufficient material for it to exercise its power of review (see, inter alia, the judgment of 22 May 2008 in Case C‑266/06 P Evonik Degussa v Commission , paragraph 103; Case C‑583/08 P Gogos v Commission [2010] ECR I‑0000, paragraph 30; and Case C‑260/09 P Activision Blizzard Germany v Commission [2011] ECR I‑0000, paragraph 84). | 66 It is appropriate to recall here the case-law according to which a difference in the remuneration paid to women in relation to that paid to men for the same work or work of equal value must, in principle, be considered contrary to Article 119 of the Treaty and, consequently, to the Directive. It would be otherwise only if the difference in treatment were justified by objective factors unrelated to any discrimination based on sex (see, inter alia, Macarthys, paragraph 12, and Hill and Stapleton, paragraph 34). | 0 |
866,468 | Il importe toutefois de relever que l’obligation de motivation n’impose pas au Tribunal de fournir un exposé qui suivrait, de manière exhaustive et un par un, tous les raisonnements articulés par les parties au litige et que la motivation peut donc être implicite à condition qu’elle permette aux intéressés de connaître les raisons pour lesquelles le Tribunal n’a pas fait droit à leurs arguments et à la Cour de disposer des éléments suffisants pour exercer son contrôle (voir, en ce sens, arrêt du 16 juillet 2009, Der Grüne Punkt – Duales System Deutschland/Commission, C‑385/07 P, EU:C:2009:456, point 114). | 38. That finding is supported by the argument based on the requirement that Member States be consistent in the application of the exceptions which bind them, as set out in the last sentence of recital 32 in the preamble to Directive 2001/29. | 0 |
866,469 | 31. Other factors, such as the place of residence of the main directors and the place where general meetings are held, may also need to be taken into account during a second phase, for example when determining the effective place of business of a company exhibiting a fictitious presence, such as that of a ‘letter-box’ company (see, to that effect, Planzer Luxembourg , paragraphs 61 and 62). | 30 THE FIRST POINT TO BE MADE IN THIS REGARD IS THAT THE PRINCIPLES OF THE PROTECTION OF LEGITIMATE EXPECTATION AND ASSURANCE OF LEGAL CERTAINTY ARE PART OF THE LEGAL ORDER OF THE COMMUNITY . THE FACT THAT NATIONAL LEGISLATION PROVIDES FOR THE SAME PRINCIPLES TO BE OBSERVED IN A MATTER SUCH AS THE RECOVERY OF UNDULY-PAID COMMUNITY AIDS CANNOT , THEREFORE , BE CONSIDERED CONTRARY TO THAT SAME LEGAL ORDER . MOREOVER , IT IS CLEAR FROM A STUDY OF THE NATIONAL LAWS OF THE MEMBER STATES REGARDING THE REVOCATION OF ADMINISTRATIVE DECISIONS AND THE RECOVERY OF FINANCIAL BENEFITS WHICH HAVE BEEN UNDULY PAID BY PUBLIC AUTHORITIES THAT THE CONCERN TO STRIKE A BALANCE , ALBEIT IN DIFFERENT WAYS , BETWEEN THE PRINCIPLE OF LEGALITY ON THE ONE HAND AND THE PRINCIPLES OF LEGAL CERTAINTY AND THE PROTECTION OF LEGITIMATE EXPECTATION ON THE OTHER IS COMMON THE LAWS OF THE MEMBER STATES .
| 0 |
866,470 | 33. The Court went on to say that that analysis is not weakened by the first subparagraph of Article 4(1) of Regulation No 2052/88 and Article 9(1) of Regulation No 4253/88. In fact, those articles, which set out the principle that Community financial assistance is complementary to national assistance, are not relevant to cases in which the Commission has closed financial assistance ( Regione Siciliana v Commission , paragraph 31). | 43. As has just been stated, the fire-fighting and rescue duties which are part of the intermediate career in the fire service can only be performed by younger officials. Officials older than 45 or 50 carry out other duties. To ensure the efficient functioning of the intermediate career in the fire service, it may be considered necessary for the majority of officials in that career to be able to perform physically demanding tasks, and hence for them to be younger than 45 or 50. Moreover, the assignment of officials older than 45 or 50 to duties which are less physically demanding requires them to be replaced by young officials. The age at which an official is recruited determines the time during which he will be able to perform physically demanding tasks. An official recruited before the age of 30, who will have to follow a training programme lasting two years, can be assigned to those duties for a minimum of 15 to 20 years. By contrast, if he is recruited at the age of 40, that period will be a maximum of 5 to 10 years only. Recruitment at an older age would have the consequence that too large a number of officials could not be assigned to the most physically demanding duties. Similarly, such recruitment would not allow the officials thus recruited to be assigned to those duties for a sufficiently long period. Finally, as the German Government submits, the rational organisation of the professional fire service requires, for the intermediate career, a correlation between the physically demanding posts not suitable for older officials and the less physically demanding posts suitable for those officials. | 0 |
866,471 | 70. The principles set out in the previous paragraphs apply in the same way to the referring court with regard to the legal position expressed, in the present case in the main proceedings, by the constitutional court of the Member State concerned in so far as it follows from well-established case-law that rules of national law, even of a constitutional order, cannot be allowed to undermine the unity and effectiveness of European Union law (Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125, paragraph 3, and Case C-409/06 Winner Wetten [2010] ECR I-8015, paragraph 61). Moreover, the Court of Justice has already established that those principles apply to relations between a constitutional court and all other national courts (Joined Cases C-188/10 and C-189/10 Melki and Abdeli [2010] ECR I-5667, paragraphs 41 to 45). | 44. As regards more particularly the distinction between medicinal products and medical devices, Article 1(5)(c) of Directive 93/42 specifically requires the competent authorities to take particular account of the principal mode of action of the product. It thus follows from Article 1(2)(a) of that directive that only a product which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means may be classified as a medical device. | 0 |
866,472 | 81. However, the fact remains that, although the requirement as to legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position must be interpreted in the light of the principle of effective judicial protection, such an interpretation cannot have the effect of setting aside that condition without going beyond the jurisdiction conferred by the Treaty on the Community courts (see, by analogy, Unión de Pequeños Agricultores v Council , paragraph 44, as regards the condition that the contested act must be of individual concern to the natural or legal person lodging an application). | 27 It should be noted that the terms of the provisions under consideration show clearly that where the obligations flowing from the premium scheme are not complied with, the entire amount of the premium paid must be refunded and not merely an amount proportionate to the period during which the undertakings were not complied with . | 0 |
866,473 | 20. The proper conduct of that procedure thus constitutes an essential guarantee required by the EC Treaty in order to protect the rights of the Member State concerned. It is only when that guarantee is observed that the contentious procedure before the Court can enable it to judge whether that State has in fact failed to fulfil the obligations which the Commission alleges it has breached (see, in particular, Case C-145/01 Commission v Italy [2003] ECR I-5581, paragraph 17). | 19 It should also be noted that the Greek Government acknowledged at the hearing that the retentions referred to were also made on payment of aid to producers who were not members of the ACAs. Since those producers were not parties to the agreements made between the ACAs and their members, the retentions made in respect of them cannot have arisen from those agreements. | 0 |
866,474 | Le Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE, et saisi d’une demande d’indemnité, est tenu de statuer
sur une telle demande dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure
dont la durée est critiquée (arrêts du 26 novembre 2013, Groupe Gascogne/Commission, C‑58/12 P, EU:C:2013:770, point 90, et
du 10 juillet 2014, Telefónica et Telefónica de España/Commission, C‑295/12 P, EU:C:2014:2062, point 67). | 19. Thus it is clear from settled case-law that the change brought about by any repackaging of a trade-marked pharmaceutical product – creating by its very nature the risk of interference with the original condition of the product – may be prohibited by the trade mark proprietor unless the repackaging is necessary in order to enable the marketing of the products imported in parallel and the legitimate interests of the proprietor are also safeguarded ( Bristol-Myers Squibb and Others , paragraph 57, and Boehringer Ingelheim and Others , paragraph 34). | 0 |
866,475 | 41. However, since the fact that the newspaper publisher proceeds with such publications which are liable to promote – possibly indirectly – the products and services of a third party is not liable to alter significantly the economic behaviour of the consumer in his decision to purchase or take possession of the (free) newspaper in question (on this aspect see Mediaprint Zeitungs- und Zeitschriftenverlag , paragraphs 44 and 45), such a publishing practice is not in itself liable to be classified as a ‘commercial practice’ within the meaning of Article 2(d) of Directive 2005/29. | 38 CONTRARY TO WHAT THE APPLICANTS MAINTAIN , A DECISION ORDERING AN UNDERTAKING TO SUBMIT TO AN INVESTIGATION IS A FORM OF PREPARATORY INQUIRY AND AS SUCH , MUST BE REGARDED AS A STRAIGHTFORWARD MEASURE OF MANAGEMENT . THAT IS TRUE EVEN IF THE UNDERTAKINGS ARE OPPOSED TO THE INVESTIGATION . THE POWER CONFERRED ON THE COMMISSION BY ARTICLE 14 ( 3 ) OF REGULATION NO 17 IS EXERCISED PRECISELY AND ABOVE ALL WHEN THE COMMISSION EXPECTS THAT THE UNDERTAKINGS WILL NOT SUBMIT VOLUNTARILY TO AN INVESTIGATION .
| 0 |
866,476 | 26 With regard, second, to the question whether services are supplied for consideration, the Court has already held that a supply of services is effected `for consideration' within the meaning of Article 2(1) of the Sixth Directive, and is therefore taxable, only if there is a legal relationship between the provider of the service and the recipient pursuant to which there is reciprocal performance, the remuneration received by the provider of the service constituting the value actually given in return for the service supplied to the recipient (Case C-16/93 Tolsma v Inspecteur der Omzetbelasting [1994] ECR I-743, paragraph 14). | 16 The Court has also held, in its judgment in Case 143/87 Stanton v INASTI ([1988] ECR 3877, paragraph 13), that the provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community, and preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. | 0 |
866,477 | 53. The fact that a host Member State must thus take account of knowledge which corresponds only in part to that attested by the professional qualification required by the national rules of that Member State, without requiring that examinations be passed before such a qualification is granted, already contributes to facilitating the freedom of movement of persons as laid down in particular in Article 39 EC. If such an obligation did not exist, the fact of not having the diploma normally required by nationals of the host Member State could of itself constitute a decisive obstacle to access to the legal professions in that Member State (see, to that effect, Morgenbesser , paragraphs 64 to 67). | 40. In the present case, it is evident that the consideration received by the operator in return for the provision of services designated by the Commissioner, namely the processing of transferred waste with energy recovery, consists essentially in the payment of the amount of the royalty by the Commissioner. | 0 |
866,478 | 17 In any event, as the Court has emphasized on several occasions, a Member State may not make the provision of services in its territory subject to compliance with all the conditions required for establishment and thereby deprive of all practical effectiveness the provisions whose object is to guarantee the freedom to provide services (see the judgments in Case C-154/89 Commission v France [1991] ECR I-659, paragraph 12, and in Case C-76/90 Saeger, cited above, paragraph 13). | 38. Par exception, une telle mesure peut être admise au titre de l’un des motifs énoncés à l’article 52 TFUE ou justifiée, conformément à la jurisprudence de la Cour, par des raisons impérieuses d’intérêt général (voir, par analogie, arrêts Engelmann, précité, points 51 et 57 ainsi que jurisprudence citée, et du 10 mai 2012, Duomo Gpa e.a., C‑357/10 à C‑359/10, point 39 ainsi que jurisprudence citée). À ce dernier égard, il ressort de la lecture combinée des points 51 et 57 de l’arrêt Engelmann, précité, qu’il n’y a pas lieu de distinguer les circonstances objectives et les raisons impérieuses d’intérêt général. En effet, de telles circonstances doivent constituer, en dernière analyse, une raison impérieuse d’intérêt général. | 0 |
866,479 | 17 It is also settled law that obstacles to intra-Community trade resulting from disparities between provisions of national law must be accepted in so far as such provisions are applicable to domestic and imported products without distinction and may be justified as being necessary in order to satisfy overriding requirements relating inter alia to consumer protection or fair trading. However, in order to be permissible, such provisions must be proportionate to the objective pursued and that objective must not be capable of being achieved by measures which are less restrictive of intra-Community trade (see Case 120/78 Rewe-Zentral v Bundesmonopolverwaltung fuer Branntwein ("Cassis de Dijon") [1979] ECR 649, paragraph 8; Case C-238/89 Pall v Dalhausen [1990] ECR I-4827, paragraph 12; Case 126/91 Schutzverband gegen Unwesen in der Wirtschaft v Yves Rocher [1993] ECR I-2361, paragraph 12; and Case C-470/93 Verein gegen Unwesen in Handel und Gewerbe Koeln v Mars [1995] ECR I-1923, paragraph 15). | 72 It must also be ascertained, in the light of all the relevant factors and taking into account the possibility of achieving the social policy aim in question by other means, whether such an aim appears to be unrelated to any discrimination based on sex and whether the disputed rule, as a means to its achievement, is capable of advancing that aim. | 0 |
866,480 | 43. Such manifest infringement is to be assessed, inter alia, in the light of a number of criteria, such as the degree of clarity and precision of the rule infringed, whether the infringement was intentional, whether the error of law was excusable or inexcusable, and the non-compliance by the court in question with its obligation to make a reference for a preliminary ruling under the third paragraph of Article 234 EC; it is in any event presumed where the decision involved is made in manifest disregard of the case-law of the Court on the subject ( Köbler , paragraphs 53 to 56). is | 66 IT EMERGES FROM THE CONTESTED DECISION THAT THE COMMISSION HAS NOT MADE SUFFICIENT ALLOWANCE FOR THE EFFECT OF THOSE REGULATIONS AND HAS CONSEQUENTLY OVERLOOKED A CRUCIAL FACTOR IN THE EVALUATION OF THE INFRINGEMENTS WHICH IT ALLEGES . | 0 |
866,481 | 18 In paragraph 34 of the judgment in Trummer and Mayer, cited above, the Court held that Article 73b of the Treaty precludes the application of national rules requiring a mortgage securing a debt payable in the currency of another Member State to be registered in the national currency. | 48. The establishment of a system of strict liability would go beyond what is necessary to preserve the public exchequer’s rights (see, to that effect, Case C-384/04 Federation of Technological Industries and Others [2006] ECR I-4191, paragraph 32, and Case C-271/06 Netto Supermarkt [2008] ECR I-771, paragraph 23). | 0 |
866,482 | 72
It has therefore been held in relation to a concession awarded in 1984, although the Court had not established at that time that contracts with certain cross-border interest might be subject to a duty of transparency, that the principle of legal certainty requires that the termination of such a concession be coupled with a transitional period enabling the contracting parties to untie their contractual relations on acceptable terms, inter alia, from an economic point of view (see, to that effect, judgments of 17 July 2008 in ASM Brescia, C‑347/06, EU:C:2008:416, paragraphs 70 and 71, and 14 November 2013 in Belgacom, C‑221/12, EU:C:2013:736, paragraph 40). | 40. In that regard, it must be noted that while Directive 91/439 was repealed with effect from 19 January 2013 pursuant to the first paragraph of Article 17 of Directive 2006/126, a number of provisions of Directive 2006/126, such as Articles 2(1) and 11(4) thereof, became applicable from 19 January 2009 in accordance with the second paragraph of Article 18 of Directive 2006/126 (see, to that effect, judgment in Akyüz , C‑467/10, EU:C:2012:112, paragraph 31). That is not, however, the case as regards Article 11(2) of Directive 2006/126, which is not among the provisions mentioned in the second paragraph of Article 18 of that directive. | 0 |
866,483 | 23. Furthermore, it is accepted that citizenship of the Union, established by Article 17 EC, is not intended to extend the material scope of the Treaty to internal situations which have no link with Community law (Joined Cases C‑64/96 and C‑65/96 Uecker and Jacquet [1997] ECR I‑3171, paragraph 23, and Case C‑148/02 Garcia Avello [2003] ECR I‑11613, paragraph 26). | 25. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9). | 0 |
866,484 | 72. As regards the second part of the second ground of appeal, the Court points out that the obligation of clarity and transparency, laid down in the third sentence of Article 3a(1) of Directive 89/552, transposes the Court’s case‑law which seeks to prevent conduct on the part of the competent national authorities from negating the effectiveness of provisions of European Union law relating to a fundamental freedom. In the light of that case‑law, the designation of an event as being of major importance must be made in accordance with objective criteria known in advance, so as to limit the discretion vested in the Member States so that it is not exercised arbitrarily (see, by analogy, Case C‑250/06 United Pan-Europe Communciations Belgium and Others [2007] ECR I‑11135, paragraphs 45 and 46). | 15 In the first place, it follows from the judgment of the Court in Joined Cases 37/73 and 38/73 Sociaal Fonds voor de Diamantarbeiders v N.V. Indiamex and Association de fait De Belder [1973] ECR 1609, paragraphs 10 and 13, that a measure dealing with customs duties but which does not expressly mention charges having equivalent effect may be understood as being intended also to refer to such charges. | 0 |
866,485 | 52
The Court has already held that, although such projects are not subject to the requirements relating to the procedure for prior assessment of the implications of the project for the site concerned, laid down by the Habitats Directive, their implementation nevertheless falls within the scope of Article 6(2) of that directive (judgments in Stadt Papenburg, C‑226/08, EU:C:2010:10, paragraphs 48 and 49, and in Commission v Spain, C‑404/09, EU:C:2011:768, paragraph 125). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,486 | 47. On this point, it must be recalled that in Commission v France , paragraph 22, Commission v Greece , paragraph 18, and González Sánchez , paragraph 31, the Court held that Article 13 of the Directive must be interpreted as meaning that the system of rules put in place by the Directive does not preclude the application of other systems of contractual or non-contractual liability based on other grounds, such as fault or a warranty in respect of latent defects. | 27. Furthermore, it is not excluded that that requirement obliges that descendant to take more complicated steps, such as trying to obtain various certificates stating that he has not found any work or obtained any social allowance, than that of obtaining a document of the competent authority of the State of origin or the State from which the applicant came attesting to the existence of a situation of dependence. The Court has already held that such a document cannot constitute a condition for the issue of a residence permit ( Jia , paragraph 42). | 0 |
866,487 | 45. The Court has held that copyright within the meaning of Directive 2001/29 is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation (see, to that effect, with regard to Article 2(a) of Directive 2001/29, Infopaq International , paragraphs 33 to 37). | 35. Similarly, under Articles 1(3) of Directive 91/250, 3(1) of Directive 96/9 and 6 of Directive 2006/116, works such as computer programs, databases or photographs are protected by copyright only if they are original in the sense that they are their author’s own intellectual creation. | 1 |
866,488 | 63. In that regard, it should be emphasised that that legislation contains fundamental rules of EU law in that it is intended to ensure the application of the principles of equal treatment of tenderers and of transparency in order to open up undistorted competition in all the Member States (see, to that effect, the judgments in Commission v Portugal , C‑70/06, EU:C:2008:3, paragraph 40; Michaniki , C‑213/07, EU:C:2008:731, paragraph 55; Commission v Cyprus , C‑251/09, EU:C:2011:84, paragraphs 37 to 39; and Manova , C‑336/12, EU:C:2013:647, paragraph 28). | 36 However, that proposal for a regulation has not yet been adopted by the Council. | 0 |
866,489 | 26. Thus, the Court may reject a request for a preliminary ruling submitted by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Joined Cases C-94/04 and C-202/94 Cipolla and Others [2006] ECR I-11421, paragraph 25; Magoora , paragraph 23; and Mono Car Styling , paragraph 28). | 35. À titre liminaire, étant donné que le législateur de l’Union a pris le soin d’ajouter le qualificatif d’«importante» pour désigner la modification concernée, il doit être exigé que, pour relever du champ d’application de l’article 30, paragraphe 4, du règlement n o 1260/1999, ladite modification doit non pas simplement remplir les deux conditions figurant à cette disposition, mais revêtir de surcroît une certaine ampleur. | 0 |
866,490 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 69 First of all, the Commission refers to the Lorenz judgment itself, in the operative part of which no particular time-limit is laid down. Paragraph 4 of the grounds of the judgment merely mentions the Commission's obligation to act with proper diligence and to define its attitude within a reasonable period. That same paragraph confirms, according to the Commission, the fact that the period mentioned is merely offered as a guideline, in that it states that [i]t is appropriate in this respect to be guided by Articles 173 and 175 of the Treaty which, in dealing with comparable situations, provide for a period of two months. According to the Commission, it follows that the Court of Justice merely wished to draw guidance from that two-month period, without, therefore, intending to apply it strictly to the pre-examination procedure. | 0 |
866,491 | 45 However, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and the legal conclusions it has drawn from them (see Case C-7/95 P Deere v Commission [1998] ECR I-3111, paragraph 21). Furthermore, the question whether the grounds of a judgment of the Court of First Instance are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (Case C-401/96 P Somaco v Commission [1998] ECR I-2587, paragraph 53). | 19 Furthermore, as LOR and Confiserie du Tech have rightly pointed out, if an undertaking established in a Member State other than France or Spain exports products to one of those two States and uses a name protected by the Convention, it would be confronted in both States by a prohibition on the use of that name. | 0 |
866,492 | 66. In so far as the appellants claim, in the alternative, that the Court should reduce the amount of the fine imposed on them, it should be recalled that the sanction for a breach, by a court of the European Union, of its obligation under the second paragraph of Article 47 of the Charter to adjudicate on the cases before it within a reasonable time must be an action for damages brought before the General Court, since such an action constitutes an effective remedy. Accordingly, a claim for compensation for the damage caused by the failure on the part of the General Court to adjudicate within a reasonable time may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself ( Gascogne Sack Deutschland v Commission EU:C:2013:768, paragraphs 86 to 90; Kendrion v Commission EU:C:2013:771, paragraphs 91 to 95; and Groupe Gascogne v Commission EU:C:2013:770, paragraphs 80 to 84). | 84. It follows that a claim for compensation for the damage caused by the failure by the General Court to adjudicate within a reasonable time may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself. | 1 |
866,493 | 33. As is apparent from consistent case-law, when faced with a rule of law that is incompatible with directly applicable EU law, the national court is required to disapply that national rule, it being understood that that obligation does not restrict the power of the competent national courts to apply, amongst the various procedures of the internal legal order, those which are appropriate to safeguard the individual rights conferred by EU law (see in particular, to that effect, Case C-337/91 van Gemert-Derks [1993] ECR I-5435, paragraph 33; Joined Cases C-10/97 to C-22/97 IN. CO. GE. 90 and Others [1998] ECR I-6307, paragraph 21; and Case C-314/08 Filipiak [2009] ECR I-11049, paragraph 83). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,494 | 24. Article 267 TFEU gives national courts the power and, in certain cases, imposes on them the obligation to refer a case for a preliminary ruling, as soon as they perceive either of their own motion or at the request of the parties that the substance of the dispute raises a point referred to in the first paragraph of Article 267. They have the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation, or consideration of the validity, of provisions of European Union law, necessitating a decisi on on their part (Case 166/73 Rheinmühlen‑Düsseldorf [1974] ECR 33, paragraph 3, and Case C‑261/95 Palmisani [1997] ECR I‑4025, paragraph 20). | 15 THE BELGIAN GOVERNMENT POINTS OUT THAT THE DISTINCTION DRAWN IN BELGIUM BETWEEN THE CLOSURE OF UNDERTAKINGS AND COLLECTIVE REDUNDANCIES HAS HISTORICAL ORIGINS . IN BELGIUM THE POSITION OF WORKERS DISMISSED AS A RESULT OF THE CLOSURE OF AN UNDERTAKING HAS BEEN REGULATED BY LEGISLATION SINCE 1960 , WHILST COLLECTIVE REDUNDANCIES WERE REGULATED FOR THE FIRST TIME BY COLLECTIVE LABOUR AGREEMENT NO 10 OF 8 MAY 1973 WHICH SOUGHT TO MITIGATE THE CONSEQUENCES OF COLLECTIVE REDUNDANCIES BY THE GRANT OF A SPECIAL ALLOWANCE , THE COST OF WHICH WAS TO BE BORNE BY THE EMPLOYER .
| 0 |
866,495 | 45. According to settled case-law, where national legislation falling within an area which has not been harmonised at European Union level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets an overriding requirement relating to the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see Arblade and Others , paragraphs 34 and 35, and Commission v Austria , paragraph 37). | 48. Article 4(2) states that the competent authority must use the period provided for in Article 4(1) for the purpose of seeking such solutions. | 0 |
866,496 | 41 In fact, it has been clear since the judgment in Bilka that any discrimination, based on sex, in the recognition of that right infringes Article 119 of the Treaty (Vroege, paragraph 29, Fisscher, paragraph 26, Dietz, paragraph 20, and Magorrian and Cunningham, paragraph 29). | 86. Il est de jurisprudence constante que cette obligation de motivation répond au double objectif de permettre, d’une part, aux intéressés de connaître les justifications de la mesure prise afin de défendre leurs droits et, d’autre part, au juge de l’Union d’exercer son contrôle sur la légalité de la décision (voir arrêt du 10 mai 2012, Helena Rubinstein et L’Oréal/OHMI, C-100/11 P, non encore publié au Recueil, point 111). | 0 |
866,497 | 54. However, although in the latter case, as is attested by the use of the expression ‘for example’, Article 34(1) of Directive 93/38 does not set out an exhaustive list of the criteria which may be chosen by the contracting authorities, and therefore leaves it open to the authorities awarding contracts to select the criteria on which they propose to base their award of the contract, their choice is nevertheless limited to criteria aimed at identifying the tender which is economically the most advantageous (see, by analogy, Beentjes , paragraph 19; Case C‑19/00 SIAC Construction [2001] ECR I‑7725, paragraphs 35 and 36; Case C‑513/99 Concordia Bus Finland [2002] ECR I‑7213, paragraphs 54 and 59; Case C‑315/01 GAT [2003] ECR I‑6351, paragraphs 63 and 64; and Lianakis and Others , paragraph 29). | 89. Dans ces circonstances, il appartient à la Cour, dans l’exercice de son pouvoir d’appréciation, de fixer le montant de cette somme forfaitaire de sorte qu’elle soit, d’une part, adaptée aux circonstances et, d’autre part, proportionnée à l’infraction commise (voir, en ce sens, arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 117 et jurisprudence citée). | 0 |
866,498 | 37 In that regard, it should be recalled that an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. The Court of First Instance has exclusive jurisdiction, first, to establish the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. When the Court of First Instance has established or assessed the facts, the Court of Justice has jurisdiction under Article 225 EC to review the legal characterisation of those facts by the Court of First Instance and the inferences in law it has drawn from them (see, inter alia, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 48 and 49, and Case C-284/98 P Parliament v Bieber [2000] ECR I-1527, paragraph 31). | 53. For the purposes of assessing where there is a link between the conflicting marks, it may therefore be necessary to take into account the strength of the earlier mark’s reputation in order to determine whether that reputation extends beyond the public targeted by that mark. | 0 |
866,499 | 42. In that regard, it should be borne in mind that, since the issue in the case relates to detailed procedural rules governing the remedies intended to protect rights conferred by Community law on candidates and tenderers harmed by decisions of contracting authorities, those rules must not compromise the effectiveness of Directive 89/665 (Case C-470/99 Universale-Bau and Others [2002] ECR I‑11617, paragraph 72). | 25. First, as regards the Charter, it must be pointed out that, as it came into force on 1 December 2009, it does not apply to the assistance procedure which led to the additional notice of assessment of 28 May 2009. | 0 |
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