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866,700 | 45. In the judgment in Schaap (176/78, EU:C:1979:112, paragraphs 10 and 11), the Court held that although Article 46(2) of Regulation No 574/72 appears under the above-mentioned heading, it must be applied to each case falling within Article 46(3) of Regulation No 1408/71 so that for the purposes of the application of that paragraph, the competent institution may not take account of the amount of benefits corresponding to periods [of insurance] completed under voluntary insurance or optional continued insurance. | 19 ADMITTEDLY, THE ABOVE RULE DOES NOT AFFORD A SOLUTION IN THE PARTICULAR CASE OF A DISPUTE CONCERNED WITH A NUMBER OF OBLIGATIONS ARISING UNDER THE SAME CONTRACT AND FORMING THE BASIS OF THE PROCEEDINGS COMMENCED BY THE PLAINTIFF . HOWEVER, IN SUCH A CASE THE COURT BEFORE WHICH THE MATTER IS BROUGHT WILL, WHEN DETERMINING WHETHER IT HAS JURISDICTION, BE GUIDED BY THE MAXIM ACCESSORIUM SEQUITUR PRINCIPALE; IN OTHER WORDS, WHERE VARIOUS OBLIGATIONS ARE AT ISSUE, IT WILL BE THE PRINCIPAL OBLIGATION WHICH WILL DETERMINE ITS JURISDICTION . THAT COMPLICATION DOES NOT, HOWEVER, ARISE IN THE CASE REFERRED TO IN THE QUESTION RAISED BY THE LANDGERICHT KAISERSLAUTERN . | 0 |
866,701 | 30. Therefore, the power of national law, recognised by that directive, to specify the benefits payable by the guarantee institution is conditional upon the requirements flowing from the general principle of equality and non‑discrimination (Case C‑442/00 Rodríguez Caballero [2002] ECR I‑11915, paragraphs 29 to 33, and Case C‑520/03 Olaso Valero [2004] ECR I‑12065, paragraphs 34 and 35). | 36. The second subparagraph of Article 28(1) of Directive 95/46 requires Member States to set up one or more supervisory authorities for the protection of personal data which have complete independence in exercising the functions entrusted to them. In addition, the requirement that compliance with European Union rules on the protection of individuals with regard to the processing of personal data is subject to control by an independent authority derives from the primary law of the European Union, inter alia Article 8(3) of the Charter of Fundamental Rights of the European Union and Article 16(2) TFEU. | 0 |
866,702 | 20. Since the provisions of that convention have been an integral part of the EU legal order from the date on which the convention entered into force, the Court has jurisdiction to give a preliminary ruling concerning its interpretation, in accordance with the rules of interpretation of general international law, which are binding on the European Union (see, to that effect, Case C‑386/08 Brita [2010] ECR I‑1289, paragraphs 39 to 42, and Case C‑63/09 Walz [2010] ECR I‑4239, paragraphs 20 and 22 and the case‑law cited). | 20REGULATION ( EEC ) NO 1612/68 , WHICH WAS ADOPTED IN IMPLEMENTATION OF ARTICLES 48 AND 49 OF THE TREATY AND WITHIN THE CONTEXT OF THE MEASURES ADOPTED BY REGULATION NO 38/64 OF THE COUNCIL OF 25 MARCH 1964 ( JOURNAL OFFICIEL 1964 , NO 62 , P . 965 ), AIMS TO ACHIEVE FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
| 0 |
866,703 | 55. In any event, it is important to recall that, according to the Court’s settled case-law, a call for tenders, under the directives relating to public procurement, is not compulsory, even if the contracting party is an entity legally distinct from the contracting authority, where two conditions are met. First, the public authority which is a contracting authority must exercise over the distinct entity in question a control which is similar to that which it exercises over its own departments and, second, that entity must carry out the essential part of its activities with the local authority or authorities which control it (see Case C‑107/98 Teckal [1999] ECR I‑8121, paragraph 50; Case C‑26/03 Stadt Halle and RPL Loclau [2005] ECR I-1 paragraph 49; Case C-84/03 Commission v Spain [2005] ECR I-139, paragraph 38; Case C-29/04 Commission v Austria [2005] ECR I-9705, paragraph 34; and Case C-340/04 Carbotermo and Consorzio Alisei [2006] ECR I-4137, paragraph 33). | 47 As regards the question whether an undertaking such as IJM has been entrusted with the operation of services of general interest, it should be borne in mind that it has been given the task, through the grant of a non-exclusive concession governed by public law, of ensuring the supply of electricity in part of the national territory. | 0 |
866,704 | 32
In those circumstances, the grant of such loans does not constitute a supply with an independent interest from the perspective of integrated producers (see, to that effect, judgment of 2 December 2010, Everything Everywhere, C‑276/09, EU:C:2010:730, paragraph 27), inasmuch as those financial resources cannot be used freely. | 53. If the argument of the Spanish Government were upheld, the effectiveness of Directive 85/337 could be seriously compromised, since the national authorities concerned would need only to split up a long-distance project into successive shorter sections in order to exclude from the requirements of the Directive both the project as a whole and the sections resulting from that division. | 0 |
866,705 | 27. Next, it should be noted that that approach corresponds to the settled case-law of the Court, confirmed in the judgment in Pfeifer & Langen ( C‑52/14, EU:C:2015:381) . According to that case-law, there is no distinction to be drawn between an administrative penalty and an administrative measure in the application of Article 3(1) of Regulation No 2988/95. The Court clearly ruled that that provision is applicable both to irregularities leading to the imposition of an administrative penalty within the meaning of Article 5 of that regulation and to irregularities which are the subject of an administrative measure within the meaning of Article 4 of that regulation, where that measure is intended to withdraw the wrongly obtained advantage without however constituting a penalty (see, to that effect, judgments in Handlbauer , C‑278/02, EU:C:2004:388, paragraphs 33 and 34; Josef Vosding Schlacht-, Kühl- und Zerlegebetrieb and Others , C‑278/07 to C‑280/07, EU:C:2009:38, paragraph 22; Cruz & Companhia , C‑341/13, EU:C:2014:2230, paragraph 45; and Pfeifer & Langen , C‑52/14, EU:C:2015:381, paragraph 23). | 26 It is clear from those judgments that a Member State may not adopt provisions making repayment of a tax held to be contrary to Community law by a judgment of the Court, or whose incompatibility with Community law is apparent from such a judgment, subject to conditions relating specifically to that tax which are less favourable than those which would otherwise be applied to repayment of the tax in question. | 0 |
866,706 | 19. It follows that products containing a substance which has a physiological effect cannot automatically be classified as medicinal products by function unless the competent administration has made an assessment, with due diligence, of each product individually, taking account, in particular, of that product’s specific pharmacological, immunological or metabolic properties, to the extent to which they can be established in the present state of scientific knowledge ( Hecht‑Pharma , paragraph 40). | 81. Legislation, such as the VerpackV, that makes the establishment of a deposit and return system dependent on a packaging reuse rate, which is certainly advantageous from an ecological point of view, complies with the principle of proportionality only if, while encouraging the reuse of packaging, it gives the producers and distributors concerned a reasonable transitional period to adapt thereto and ensures that, at the time when the packaging-waste management system changes, every producer or distributor concerned can actually participate in an operational system. | 0 |
866,707 | 52. In any event, an infringement of EU law will be sufficiently serious where the decision concerned was made in manifest breach of the case-law of the Court in the matter (see, inter alia, to that effect Brasserie du Pêcheur and Factortame , paragraph 57; Case C‑118/00 Larsy [2001] ECR I‑5063, paragraph 44; and Köbler , paragraph 56). | 22 Cette constatation vaut, en particulier, pour les articles 40 et 41, figurant dans le titre III relatif à la coopération dans le domaine de la main-d' oeuvre, qui, loin de revêtir un caractère purement programmatique, établissent, dans le domaine des conditions de travail et de rémunération et dans celui de la sécurité sociale, un principe susceptible de régir la situation juridique des particuliers . | 0 |
866,708 | 43
In that regard, it must be borne in mind that, in accordance with settled case-law, all measures of a Member State which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (see, inter alia, judgments in Dassonville, 8/74, EU:C:1974:82, paragraph 5, and Scotch Whisky Association and Others, C‑333/14, EU:C:2015:845, paragraph 31). | 58 As to judicial review of those conditions, however, the Council must be allowed a wide discretion in an area which, as here, involves the legislature in making social policy choices and requires it to carry out complex assessments. Judicial review of the exercise of that discretion must therefore be limited to examining whether it has been vitiated by manifest error or misuse of powers, or whether the institution concerned has manifestly exceeded the limits of its discretion. | 0 |
866,709 | 42. It must be noted from the outset that the designation of certain television channels as being subject to the ‘must-carry’ obligation, under Article 13 of the Law of 30 March 1995, constitutes a restriction of the freedom to provide services within the meaning of Article 56 TFEU, as the Court has already held, in relation to that designation made by Ministerial Order for certain private broadcasters under the initial version of that national provision, in United Pan-Europe Communications Belgium and Others, paragraphs 28 to 38. | 41. In reality, the fact that Directive 2001/83 lays down a complete system of authorisation procedures for medicinal products in no way means that the Community legislature cannot amend or adapt those procedures or, if necessary, introduce new ones so as better to attain the objectives of removing barriers to intracommunity trade and the protection of public health. | 0 |
866,710 | 36. The Member States have also retained the power to regulate the entry into their territory of a member of the family of a Turkish worker and the conditions of that member’s residence during the initial three-year period before he has the right to respond to any offer of employment ( Ergat , paragraph 42). | 42 Whilst, under Community law as it now stands, the Member States have retained the power to regulate both the entry into their territory of a member of the family of a Turkish worker and the conditions of his residence during the initial three-year period before he has the right to respond to any offer of employment, it is, on the other hand, no longer open to them to adopt measures relating to residence which are such as to impede the exercise of the rights expressly conferred by Decision 1/80 on a person who satisfies the conditions it lays down and who is therefore already legally integrated into the host Member State, given that the right of residence is essential to access to and the pursuit of any paid employment (see inter alia Eroglou, cited above, paragraph 20). | 1 |
866,711 | 41. Nonetheless, the point must be made that the recognition of a party’s right to plead the invalidity of an act of the Union presupposes that that party did not have the right to bring, under Article 263 TFEU, a direct action for the annulment of that act (see, to that effect, TWD Textilwerke Deggendorf , paragraph 23; E and F , paragraph 46, and Case C‑494/09 Bolton Alimentari [2011] ECR I‑647, paragraph 22). Were it to be accepted that a party who beyond doubt had standing to institute proceedings under the fourth paragraph of Article 263 TFEU for the annulment of an act of the Union could, after the expiry of the time-limit for bringing proceedings laid down in the sixth paragraph of Article 263 TFEU, challenge before the national courts the validity of that act, that would amount to enabling the person concerned to circumvent the fact that that act is final as against him once the time-limit for his bringing an action has expired (see, to that effect, TWD Textilwerke Deggendorf , paragraphs 18 and 24; E and F , paragraphs 46 and 48, and Bolton Alimentari , paragraphs 22 and 23). | 99. Ainsi, la Commission, dans une décision qui porte sur un tel régime, n’est pas tenue d’effectuer une analyse de l’aide octroyée dans chaque cas individuel sur le fondement de ce régime. Ce n’est qu’au stade de la récupération des aides qu’il sera nécessaire de vérifier la situation individuelle de chaque entreprise concernée (voir arrêts du 7 mars 2002, Italie/Commission, C‑310/99, Rec. p. I‑2289, points 89 et 91, ainsi que Comitato «Venezia vuole vivere»/Commission, précité, point 63). | 0 |
866,712 | 20. In that regard, it must be borne in mind that the objective of Regulation No 1408/71, as stated in the second and fourth recitals in the preamble, is to ensure free movement of employed and self‑employed persons within the European Community, while respecting the special characteristics of national social security legislation. To that end, as is clear from the fifth, sixth and tenth recitals, that regulation upholds the principle of equality of treatment of workers under the various national legislation and seeks to guarantee the equality of treatment of all workers occupied on the territory of a Member State as effectively as possible and not to penalise workers who exercise their right to free movement. The system put in place by Regulation No 1408/71 is merely a system of coordination, concerning inter alia the determination of the legislation applicable to employed and self‑employed persons who make use, under various circumstances, of their right to freedom of movement (Case C‑493/04 Piatkowski [2006] ECR I‑2369, paragraphs 19 and 20, and Case C‑50/05 Nikula [2006] ECR I‑7029, paragraph 20). | 58. Nevertheless, as Article 30 EC provides, the provisions of Article 28 EC do not preclude prohibitions or restrictions on imports, exports or goods in transit justified inter alia on grounds of protection of the health and life of humans. | 0 |
866,713 | 40. As regards such a position of weakness, Directive 93/13 requires Member States to provide for a mechanism ensuring that every contractual term not individually negotiated may be reviewed in order to determine whether it is unfair. In that context, it is for the national court to determine, taking account of the criteria laid down in Articles 3(1) and 5 of Directive 93/13, whether, having regard to the particular circumstances of the case, such a term meets the requirements of good faith, balance and transparency laid down by that directive (see, to that effect, Case C‑472/10 Invitel EU:C:2012:242, paragraph 22, and Case C‑92/11 RWE Vertrieb EU:C:2013:180, paragraphs 42 to 48). | 67. A plan or project may be authorised only on condition that the competent national authorities are certain that it will not have adverse effects on the integrity of the site concerned. That is so where no reasonable scientific doubt remains as to the absence of such effects (see Case C‑239/04 Commission v Portugal [2006] ECR I‑10183, paragraph 20). Moreover, it is at the time of adoption of the decision authorising implementation of the project that there must be no reasonable scientific doubt remaining as to the absence of adverse effects on the integrity of the site in question (see Commission v Portugal , paragraph 24). | 0 |
866,714 | 29. In the main proceedings, as the national court has observed, the expenditure connected with supplies of services carried out in the context of the issue of shares and financial holdings was not solely attributable to downstream economic activities carried out by Securenta and was not therefore among the elements which, alone, go to make up the cost of the transactions relating to those activities. If, however, that had been the case, the supplies of services concerned would have had a direct and immediate link with the taxpayer’s economic activities (see Abbey National , paragraphs 35 and 36, and Cibo Participations , paragraph 33). However, it is apparent from the documents before the Court that the costs incurred by Securenta for the financial transactions at issue in the main proceedings were, at least in part, for the performance of non-economic activities. | 28 However, it should be emphasised that the information which Directive 77/799 allows the competent authorities of a Member State to request is in fact all the information which appears to them to be necessary to ascertain the correct amount of revenue tax payable by a taxpayer in relation to the legislation which they have to apply themselves (see, to this effect, Futura Participations and Singer, at paragraph 41) and that the directive does not in any way affect the competence of those authorities to assess in particular whether the conditions to which that legislation subjects the deduction of certain costs are fulfilled. | 0 |
866,715 | 119. In that regard it is settled case-law that, when the General Court has found or assessed the facts, the Court of Justice has jurisdiction under Article 256 TFEU to review the legal characterisation of those facts by the General Court and the legal conclusions it has drawn from them (see, inter alia, Case C-551/03 P General Motors v Commission [2006] ECR I-3173, paragraph 51; Case C-397/03 P Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission [2006] ECR I-4429, paragraph 105; and Bertelsmann and Sony Corporation of America v Impala , paragraph 29). | 44. That interpretation of Note 5(B)(a) to Chapter 84 of the CN, the wording of which expressly takes into consideration two categories of units of automatic data-processing machines, that is to say that relating to the kind used ‘solely’ in an automatic data processing system and that relating to units used ‘principally’ in such a system, cannot, however, be accepted. | 0 |
866,716 | 67. Such legislation constitutes an obstacle to the freedom to provide services guaranteed by Article 49 EC. That article precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within a Member State (see, for example, Case C-118/96 Safir [1998] ECR I-1897, paragraph 23; Smits and Peerbooms , paragraph 61; Danner , paragraph 29; Case C-334/02 Commission v France [2004] ECR I-2229, paragraph 23; Watts , paragraph 94; and Case C-444/05 Stamatelaki [2007] ECR I-0000, paragraph 25). | 391. That complaint must be rejected. | 0 |
866,717 | 57. It is true, according to the case-law of the Court referred to in paragraphs 31 and 32 of the judgments under appeal, first, that the graphic representation of a mark must be self-contained, easily accessible and intelligible, in order that a sign may always be perceived unambiguously and in the same way so that the mark is guaranteed as an indication of origin. Secondly, it is apparent from the case-law of the Court that the function of the graphic representability requirement is, in particular, to define the mark itself in order to determine the precise subject of the protection afforded by the registered mark to its proprietor (see, to that effect, Case C‑273/00 Sieckmann [2002] ECR I‑11737, paragraphs 48 to 52, and Case C‑307/10 Chartered Institute of Patent Attorneys [2012] ECR, paragraph 37). | 51. On the other hand, economic operators must, with clarity and precision, be able to find out about registrations or applications for registration made by their current or potential competitors and thus to receive relevant information about the rights of third parties. | 1 |
866,718 | 31. According to the referring court, the national legislation transposing the directive is not applicable to nationals of the Republic of Bulgaria. However, that fact cannot have the effect of preventing a national court from giving full effect to the rules of European Union law, if necessary by refusing to apply any provision of national legislation which is contrary to European Union law and in particular to Article 27 of Directive 2004/38 (see, to that effect, inter alia, Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 31 and case-law cited), given that the provisions of that article, which are unconditional and sufficiently precise, may be relied on by an individual vis-à-vis the Member state of which he is a national (see, by analogy, Case 41/74 van Duyn [1974] ECR 1337, paragraphs 9 to 15). | 38. It is common ground that the dispute in the main proceedings concerns only the use of keywords in the context of an internet referencing service resulting in the display of ads under the section ‘sponsored links’ of the search engine managed by that service provider. In those circumstances, an examination of the protection granted to the proprietor of a mark in the event of the display of third party ads outside of ‘sponsored links’ can have no bearing on the outcome of the dispute (see, by analogy, Case C‑466/04 Acereda Herrera [2006] ECR I‑5341, paragraph 48, and Case C‑215/08 E. Friz [2010] ECR I‑0000, paragraph 22). | 0 |
866,719 | 75. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Thijssen , paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 44. Le fait que la taxe danoise sur l’immatriculation pouvait être exigible même en l’absence de livraison à l’intérieur du territoire national, notamment lorsqu’une voiture était transférée par son propriétaire au Danemark dans le cadre d’un déménagement, confirmait en outre que le fait générateur de cette taxe résidait dans la première immatriculation de la voiture sur le territoire danois et non pas dans la livraison de celle-ci (arrêt De Danske Bilimportører, précité, point 20). Sur ce point également, la taxe litigieuse diffère de la taxe danoise sur l’immatriculation. | 0 |
866,720 | 42. Although the scope of national laws, regulations or administrative provisions must be assessed in the light of the interpretation given to them by national courts (see, in particular, Case C-129/00 Commission v Italy [2003] ECR I-14637, paragraphs 30 to 33), the Commission is not alleging in the present case that the legislation at issue has been the subject of different judicial constructions that may be taken into account, some leading to the application of that legislation in compliance with Community law, others leading to an application which is incompatible with it, with the result that such legislation is not sufficiently clear to ensure its application in compliance with Community law. | 27 Additional evidence may thus be required where there is suspicion or proof that abuses have been committed. | 0 |
866,721 | 22. It is also necessary to point out that, according to settled case‑law, where it is necessary to interpret a provision of secondary Community law, preference should as far as possible be given to the interpretation which renders the provision consistent with the EC Treaty and the general principles of Community law (Case 218/82 Commission v Council [1993] ECR 4063, paragraph 15; Joined Cases 201/85 and 202/85 Klensch and Others [1986] ECR 3477, paragraph 21, Case C‑314/89 Rauh [1991] ECR I‑1647, paragraph 17; Case C‑98/91 Herbrink [1994] ECR I‑223, paragraph 9; and Borgmann , paragraph 30). | 34. If the competent authority of dispatch considers that the purpose of a shipment has been incorrectly classified in the notification, the ground for its objection to the shipment must be the classification error itself, without reference to one of the specific provisions of the Regulation setting out the objections which the Member States may raise against a shipment of waste (ASA , cited above, paragraph 47). | 0 |
866,722 | 55. In so far as Article 65(1)(a) TFEU is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers based on their place of residence or the State in which they invest their capital is automatically compatible with the Treaty (see Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 57; Case C‑510/08 Mattner [2010] ECR I‑3553, paragraph 32; and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 56). | 19. À titre liminaire, il convient de rappeler que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne peuvent être pris en compte par la Cour (voir, notamment, arrêts du 11 janvier 2007, Commission/Irlande, C‑183/05, Rec. p. I‑137, point 17, et du 14 octobre 2010, Commission/Autriche, C‑535/07, non encore publié au Recueil, point 22). | 0 |
866,723 | 4 The Court held in Case C-345/89 Stoeckel [1991] ECR I-4047 that Article 5 of the Directive is sufficiently precise to impose on Member States the obligation not to lay down by legislation the principle that nightwork by women is prohibited, even if that is subject to exceptions, where nightwork by men is not prohibited. Furthermore, it has repeatedly held that Article 5 is sufficiently precise and unconditional to be relied upon by an individual before a national court in order to avoid the application of any national provision not conforming to Article 5(1), which lays down the principle of equal treatment with regard to working conditions (Stoeckel, cited above, paragraph 12; Case 152/84 Marshall v Southampton and South-West Hampshire Health Authority [1986] ECR 723, paragraph 55). | 26. Il y a lieu de rappeler que, selon une jurisprudence constante, l’interdiction des mesures d’effet équivalent à des restrictions quantitatives à l’importation édictée à l’article 34 TFUE vise toute mesure des États membres susceptible d’entraver directement ou indirectement, actuellement ou potentiellement, le commerce intracommunautaire (arrêt Commission/Belgique, C‑150/11, EU:C:2012:539, point 50 et jurisprudence citée). | 0 |
866,724 | 84 According to well-established case-law, the right to a refund of charges levied in a Member State in breach of rules of Community law is the consequence and complement of the rights conferred on individuals by Community provisions as interpreted by the Court (judgments in Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12; Case 309/85 Barra [1988] ECR 355, paragraph 17; Case C-62/93 BP Supergas [1995] ECR I-1883, paragraph 40; Case C-343/96 Dilexport [1999] ECR I-579, paragraph 23; and judgment of 21 September 2000 in Joined Cases C-441/98 and C-442/98 Michailidis [2000] ECR I-7145, paragraph 30). The Member State is therefore required in principle to repay charges levied in breach of Community law (Joined Cases C-192/95 to C-218/95 Comateb and Others [1997] ECR I-165, paragraph 20, Dilexport, cited above, paragraph 23, and Michailidis, cited above, paragraph 30). | 27 It follows from all of the foregoing considerations that a minimum tax on capital companies, such as that at issue in the main proceedings, does not have the same characteristics as the taxes prohibited under Article 10 of Directive 69/335. | 0 |
866,725 | 62
That circumstantial method makes it possible not only to reflect the true nature of legal relationships, in that it must take account of all the factors which characterise the activity of the employee (see, by analogy, judgment of 15 March 2011, Koelzsch, C‑29/10, EU:C:2011:151, paragraph 48), but also to prevent a concept such as that of ‘place where, or from which, the employee habitually performs his work’ from being exploited or contributing to the achievement of circumvention strategies (see, by analogy, judgment of 27 October 2016, D’Oultremont andOthers, C‑290/15, EU:C:2016:816, paragraph 48 and the case-law cited). | 23 As is clear from the three indents of Article 6(1), those rights themselves vary and are subject to conditions which differ according to the duration of legal employment in the relevant Member State (Eroglu, paragraph 12). | 0 |
866,726 | 20 Or, il résulte d'une jurisprudence constante de la Cour que la nécessité de parvenir à une interprétation du droit communautaire qui soit utile pour le juge national exige que celui-ci définisse le cadre factuel et réglementaire dans lequel s'insèrent les questions qu'il pose ou que, à tout le moins, il explique les hypothèses factuelles sur lesquelles ces questions sont fondées (voir, notamment, arrêts du 26 janvier 1993, Telemarsicabruzzo e.a., C-320/90 à C-322/90, Rec. p. I-393, point 6, et du 12 juillet 2001, Vanbraekel e.a., C-368/98, Rec. p. I-5363, point 21). | 40. Thus, it is not disputed that, by means of an artificial construction comprising several distinct stages, namely the establishment of AbfallgmbH, the conclusion of the waste disposal contract with that company and the transfer of 49% of its shares to Saubermacher AG, a public service contract was awarded to a semi-public company 49% of the shares in which were held by a private undertaking. | 0 |
866,727 | 34 According to the Court's case-law, where a Community authority is called upon, in the performance of its duties, to make complex assessments, it enjoys a wide measure of discretion, the exercise of which is subject to a limited judicial review in the course of which the Community judicature may not substitute its assessment of the facts for the assessment made by the authority concerned. Thus, in such cases, the Community judicature must restrict itself to examining the accuracy of the findings of fact and law made by the authority concerned and to verifying, in particular, that the action taken by that authority is not vitiated by a manifest error or a misuse of powers and that it did not clearly exceed the bounds of its discretion (see, in particular, Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299, Case 55/75 Balkan-Import Export v Hauptzollamt Berlin-Packhof [1976] ECR 19, paragraph 8, Case 9/82 hrgaard and Delvaux v Commission [1983] ECR 2379, paragraph 14, Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraphs 24 and 25, and Case C-157/96 National Farmers' Union and Others [1998] ECR I-2211, paragraph 39). | 24 Furthermore, it is settled law that, as regards the application of Article 93(3) of the Treaty, the Commission enjoys a wide discretion, the exercise of which involves assessments of an economic and social nature which must be made within a Community context (see inter alia the judgment in Case C-303/88 Italy v Commission [1991] ECR I-1433, paragraph 34). | 1 |
866,728 | 18
In the second place, the Hellenic Republic argues, as regards Article 65(1)(a) TFEU and the case-law of the Court on direct taxation, particularly the judgments of 6 June 2000 in Verkooijen (C‑35/98, EU:C:2000:294, paragraph 43), of 7 December 2004 in Manninen (C‑319/02, EU:C:2004:484, paragraphs 28 and 29), and of 25 October 2012 in Commission v Belgium (C‑387/11, EU:C:2012:670, paragraph 45), that, as regards the exemption from inheritance tax relating to immovable property considered to be the primary residence, the situation of heirs who are permanently resident in Greece is not objectively comparable to that of heirs who are not permanently resident in that Member State. Whereas resident heirs would not have adequate immovable property in Greece and would have housing needs in that Member State, which property acquired by inheritance could cover or supplement, non-resident heirs would, as a general rule, have a primary residence outside Greece and would not be relying on property received by inheritance and located in Greece in order to satisfy their housing needs. | 17. In the Regulation, jurisdiction over individual contracts of employment is the subject of a specific section, namely Section 5 of Chapter II. That section, which contains Articles 18 to 21 of the Regulation, seeks to ensure that employees are afforded the protection referred to in recital 13 of the preamble thereto. | 0 |
866,729 | 57 In that regard, it should be observed that the Commission, in the exercise of its discretion, must take into consideration all the relevant matters of law and of fact in order to decide on what action to take in response to a complaint. More particularly, it must consider attentively all the matters of fact and of law which the complainant brings to its attention (Case 210/81 Demo-Studio Schmidt v Commission [1983] ECR 3045, paragraph 19, Case 298/83 CICCE v Commission [1985] ECR 1105, paragraph 18, Joined Cases 142/84 and 156/84 BAT and Reynolds v Commission [1987] ECR 4487, paragraph 20, and Ufex and Others v Commission, cited above, paragraph 86). | 35. Finally, to regard a ‘flight’ within the meaning of Article 3(1)(a) of Regulation No 261/2004 as an outward and return journey would in fact have the effect of reducing the protection to be given to passengers under the regulation, which would be contrary to its objective of ensuring a high level of protection for passengers (see, to that effect, Case C‑344/04 IATA and ELFAA [2006] ECR I‑403, paragraph 69). | 0 |
866,730 | 17
However, in order to give the national court a useful answer, the Court may, in a spirit of cooperation with national courts, provide it with all the guidance that it deems necessary (see judgment of 22 December 2010 in Lecson Elektromobile, C‑12/10, EU:C:2010:823, paragraph 15 and the case-law cited). | 35. As the governments which have submitted observations and the Commission rightly submit, and as the Advocate General states in his Opinion, such legislation is nevertheless justified by the need to ensure the effective collection of income tax. | 0 |
866,731 | 16. In that context, the Court held that a requirement that the service provider furnishes a simple prior declaration certifying that the situation of the workers concerned is lawful, particularly in the light of the requirements of residence, work visas and social security cover in the Member State where that provider employs them, is a measure which, in principle, does not exceed what is necessary to prevent the abuse to which the implementation of the freedom to provide services may give rise (see, to that effect, Case C‑445/03 Commission v Luxembourg [2004] ECR I‑10191, paragraph 46, and Commission v Germany , paragraphs 41 and 42). | 129. In the present case, the Greek Government has not adduced such evidence and, therefore, the Commission’s findings relating to the failure to carry out risk analysis have not been rebutted. | 0 |
866,732 | 19. From that, the Court concludes that a Turkish worker is entitled to a temporary interruption of his employment relationship. In spite of such an interruption he continues to be duly registered as belonging to the labour force in the host Member State, within the meaning of Article 6(1) of Decision No 1/80, during the period which is reasonably necessary for him to find other paid employment. He may therefore claim an extension of his residence permit in that Member State in order to exercise his right to free access to any paid employment of his choice, provided that he does in fact try to find a new job and, if appropriate, registers with the employment services in order to find another job within a reasonable time (see, to that effect, Tetik , paragraphs 30, 31, 41, 46 and 48, and Nazli , paragraphs 38 and 40). | 54 That limitation is therefore also applicable to survivors' pensions. | 0 |
866,733 | 15 The very wording of the transitional provisions of Article 28(3)(b) of the Sixth Directive, which authorize the Member States to "continue to exempt the activities set out in Annex F under conditions existing in the Member State concerned", precludes the introduction of new exemptions or any extension of the scope of existing exemptions (Case 73/85 Kerrutt [1986] ECR 2219, paragraph 17) and the reintroduction of exemptions existing before VAT was imposed on the services in question in accordance with the Sixth Directive (Case C-35/90 Commission v Spain [1991] ECR I-5073, paragraphs 6 to 9). | 57. The lack of a statement of reasons which vitiates the listing is also liable to frustrate the attempts of the courts to carry out an adequate review of the substantive legality of that listing, particularly as regards the verification of the facts, and the evidence and information relied upon in support of the listing. As F stated at the hearing, the possibility of an adequate review by the courts is indispensable if a fair balance between the requirements of the fight against international terrorism, on the one hand, and the protection of fundamental liberties and rights, on the other, is to be ensured. | 0 |
866,734 | 58. That obligation extends to all diplomas, certificates and other evidence of formal qualifications as well as to the relevant experience of the person concerned, irrespective of whether they were acquired in a Member State or in a third country, and it does not cease to exist as a result of the adoption of directives on the mutual recognition of diplomas (Case C-238/98 Hocsman [2000] ECR I-6623, paragraphs 23 and 31; Commission v Spain , paragraph 22). | 79. Cependant, en l’espèce, il y a lieu de constater que le législateur, en adoptant l’article 12, paragraphe 3, de l’annexe XIII du statut, duquel il résulte une différence de traitement entre les fonctionnaires lauréats d’un même concours recrutés, respectivement, avant et après la réforme, n’a pas violé un tel principe, dès lors que le traitement différencié affecte des fonctionnaires ne faisant pas partie d’une seule et même catégorie. | 0 |
866,735 | 93. Moreover, the Court has held that Article 13 of Decision No 1/80 must be interpreted as meaning that a tightening of a provision which provided for a relaxation of the provision applicable to the conditions for the exercise of the freedom of movement of Turkish workers at the time of the entry into force of Decision No 1/80 in the Member State concerned, constitutes a ‘new restriction’, even where that tightening does not make those conditions more stringent than those under the provision applicable at the time of the entry into force of Decision No 1/80 in that Member State (see, to that effect, Toprak and Oguz , paragraph 62). | 92. It is true that the overriding public interest capable of justifying the disclosure of a document must not necessarily be distinct from the principles which underlie Regulation No 1049/2001 (see, to that effect, Sweden and Turco v Council , paragraphs 74 and 75). | 0 |
866,736 | 39 Nevertheless, according to settled case-law, in determining the scope of any derogation from an individual right such as the equal treatment of men and women laid down by the Directive, due regard must be had to the principle of proportionality, which requires that derogations must remain within the limits of what is appropriate and necessary in order to achieve the aim in view and that the principle of equal treatment be reconciled as far as possible with the requirements of the aim thus pursued (Johnston, paragraph 38; Sirdar, paragraph 26, and Kreil, paragraph 23). | 29. The system at issue in the main proceedings amounts to the indiscriminate application of the private copying levy to recording media suitable for reproduction, including in the case where the final use thereof does not fall within the case covered by Article 5(2)(b) of Directive 2001/29. | 0 |
866,737 | 26. It is settled case-law that Article 267 TFEU gives national courts the widest discretion in referring matters to the Court if they consider that a case pending before them raises questions involving interpretation of provisions of European Union law, or consideration of their validity, which are necessary for the resolution of the case (see, to that effect, Case 166/73 Rheinmühlen-Düsseldorf [1974] ECR 33, paragraph 3; Case C‑348/89 Mecanarte [1991] ECR I‑3277, paragraph 44; Case C‑261/95 Palmisani [1997] ECR I‑4025, paragraph 20; Case C‑210/06 Cartesio [2008] ECR I‑9641, paragraph 88; and Joined Cases C‑188/10 Melki and Abdeli [2010] ECR I‑0000, paragraph 41). National courts are, moreover, free to exercise that discretion at whatever stage of the proceedings they consider appropriate (see, to that effect, Melki and Abdeli , paragraphs 52 and 57). | 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 |
866,738 | 30 The Court has also ruled that it follows from the same requirements of legal certainty that it is not possible for a recipient of State aid, forming the subject-matter of a Commission decision addressed directly solely to the Member State from which that beneficiary came, who could undoubtedly have challenged that decision and who allowed the mandatory time-limit laid down in this regard by the fifth paragraph of Article 230 EC to pass, to call in question the lawfulness of that decision before the national courts in an action brought against the measures taken by the national authorities in implementation of that decision (TWD Textilwerke Deggendorf, paragraphs 17 and 24, and Wiljo, paragraphs 20 and 21, both cited above). The Court has taken the view that to find otherwise would enable the recipient of the aid to overcome the definitive nature which a decision necessarily assumed, by virtue of the principle of legal certainty, once the time-limit laid down for bringing proceedings had passed (TWD Textilwerke Deggendorf, paragraph 18, and Wiljo, paragraph 21). | 27. Ainsi que l’a relevé M me l’avocat général aux points 40 et 41 de ses conclusions, il convient d’interpréter la notion d’«actes réglementaires [...] qui ne comportent pas de mesures d’exécution», au sens de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE, à la lumière de l’objectif de cette disposition qui consiste, ainsi qu’il ressort de sa genèse, à éviter qu’un particulier soit contraint d’enfreindre le droit pour pouvoir accéder au juge. Or, lorsqu’un acte réglementaire produit directement des effets sur la situation juridique d’une personne physique ou morale sans requérir des mesures d’exécution, cette dernière risquerait d’être dépourvue d’une protection juridictionnelle effective si elle ne disposait pas d’une voie de recours direct devant le juge de l’Union aux fins de mettre en cause la légalité de cet acte réglementaire. En effet, en l’absence de mesures d’exécution, une personne physique ou morale, bien que directement concernée par l’acte en question, ne serait en mesure d’obtenir un contrôle juridictionnel de cet acte qu’après avoir violé les dispositions dudit acte en se prévalant de l’illégalité de celles-ci dans le cadre des procédures ouvertes à son encontre devant les juridictions nationales. | 0 |
866,739 | 111. It is apparent from the case‑file that that argument did not expand on an argument raised previously, whether directly or by implication, in the original application which is closely connected to the original complaint. However, Articles 48(2) of the Rules of Procedure of the General Court provides that no new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure (see, to that effect, the judgment of 12 November 2009 in Case C‑564/08 P SGL Carbon v Commission , not published in the ECR, paragraphs 20 to 34). | 42 In order to determine whether such an infringement of Community law constitutes a sufficiently serious breach, a national court hearing a claim for reparation must take account of all the factors which characterise the situation put before it. | 0 |
866,740 | 21. Such a system of strict protection must therefore enable the effective avoidance of deterioration or destruction of breeding sites or resting places of the animal species listed in Annex IV(a) to the Habitats Directive (see, to that effect, Case C‑103/00 Commission v Greece [2002] ECR I‑1147, paragraph 39). | 45. However, it is settled case-law that the existence of a likelihood of confusion on the part of the public must be assessed globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, Case C-251/95 SABEL [1997] ECR I-6191, paragraph 22; Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I‑3819, paragraph 18; Case C-334/05 P OHIM v Shaker [2007] ECR I‑4529, paragraph 34; and the judgment of 20 September 2007 in Case C-193/06 P Nestlé v OHIM, paragraph 33). Whereas the evaluation of those factors is an issue of fact that cannot be reviewed by the Court, failure to take all of those factors into account, on the other hand, constitutes an error of law (see, to that effect, Case C-51/09 P Becker v Harman International Industries [2010] ECR I-0000, paragraph 40) and may, as such, be raised before the Court in the context of an appeal. | 0 |
866,741 | 70. The preceding analysis makes clear that, in contrast to the argument put forward by the Spanish Government, cocoa and chocolate products containing fats not referred to in point 7(a) of Annex I to the directive but whose manufacture and marketing under the name "chocolate" are authorised in certain Member States, in compliance with that directive, cannot be deprived of the benefit of free movement of goods guaranteed by Article 30 of the Treaty solely on the ground that other Member States require within their territory that cocoa and chocolate products be manufactured according to the common rule regarding composition provided for in point 7(a) of Annex I to the directive (see, by analogy, Case C-3/99 Ruwet [2000] ECR I-8749, paragraph 44). | 92. Where an infringement has been committed by a number of persons, the relative gravity of the participation of each of them will be examined (see Joined cases 40/73 to 48/73, 50/73, 54/73 to 56/73, 111/73, 113/73 and 114/73 Suiker Unie and Others v Commission [1975] ECR 1663, paragraphs 622 and 623).
VI ─ Pleas in law
A ─ Pleas alleging procedural defects and breach of the rights of the defence
1. Pleas concerning the role of the Court of First Instance in the organisation of the procedure
Arguments of the parties | 0 |
866,742 | 70. It follows from the same case-law, that the condition that it be absolutely impossible to implement a decision is not fulfilled where the defendant Member State merely informs the Commission of the legal, political or practical difficulties involved in implementing the decision, without taking any real steps to recover the aid from the undertakings concerned, and without proposing to the Commission any alternative arrangements for implementing the decision which could have enabled those difficulties to be overcome (see, inter alia, Joined Cases 485/03 to C‑490/03 C ommission v Spain , paragraph 74, and Case C‑214/07 Commission v France , paragraph 46). | 64. Finally, it should be added that such an interpretation cannot be called into question by the fact that the 1991 Law provides, in Articles 55 to 57 thereof, for a number of exceptions to that prohibition of combined offers. | 0 |
866,743 | 19. According to consistent case-law, although direct taxation falls within the competence of Member States, the latter must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; Case C-35/98 Verkooijen [2000] ECR I-4071, paragraph 32; and Case C-334/02 Commission v France [2004] ECR I-0000, paragraph 21). | 42. It is for the national court to decide whether the workers in question have made such use of the vehicles made available to them. | 0 |
866,744 | 27
Moreover, it must be borne in mind that the procedure provided for in Article 267 TFEU is an instrument of cooperation between the Court of Justice and national courts and tribunals, by means of which the former provides the latter with interpretation of such EU law as is necessary for them to give judgment in cases upon which they are called to adjudicate (judgment of 5 July 2016, Ognyanov, C‑614/14, EU:C:2016:514, paragraph 16 and the case-law cited). | 71. Consequently, whether it is the surplus stock charge established by Regulation No 1972/2003 or the measures introduced by Regulation No 60/2004 to eliminate stocks of sugar and other products which are concerned, those instruments which are intended to protect the common organisation of markets apply to all surplus stocks within the meaning of those regulations, regardless of whether the holders of the stocks have actually derived an advantage from marketing them. | 0 |
866,745 | 53. As regards the third part of the first ground of appeal, it should be noted, first, that, where there is no similarity between the earlier mark and the mark applied for, the reputation of or the well-known nature attaching to the earlier mark and the fact that the goods or services concerned are identical or similar are not sufficient for it to be found that there is a likelihood of confusion between the marks at issue (see, to that effect, Case C-106/03 P Vedial v OHIM [2004] ECR I‑9573, paragraph 54; Case C‑234/06 P Il Ponte Finanziaria v OHIM [2007] ECR I‑7333, paragraphs 50 and 51; and the judgment of 11 December 2008 in Case C‑57/08 P Gateway v OHIM , paragraphs 55 and 56). | 68. That practice also goes further than is necessary for the correct collection of the tax and for the prevention of evasion within the meaning of Article 22(8) of the Sixth Directive, since it may even lead to the loss of the right to deduct if the reassessment of the tax return by the tax authorities is made after the expiry of the limitation period available to the taxable person in which to make the deduction (see, by analogy, Gabalfrisa and Others , paragraphs 53 and 54). | 0 |
866,746 | 33. If, as submitted by the applicants in the main proceedings and Ireland, that legislation has restrictive effects on the free movement of services and the free movement of capital, such effects are an unavoidable consequence of any restriction on freedom of establishment and do not justify, in any event, an independent examination of that legislation in the light of Articles 49 EC and 56 EC (see, to that effect, Case C-36/02 Omega [2004] ECR I‑9609, paragraph 27). | 22 The trustees themselves, although not party to the employment relationship, are required to pay benefits which do not thereby lose their character of pay within the meaning of Article 119. They are therefore bound, in so doing, to do everything within the scope of their powers to ensure compliance with the principle of equal treatment. | 0 |
866,747 | 28
It follows from the Court’s case-law that the principle of equal treatment and the obligation of transparency resulting therefrom preclude, following the award of a public contract, the contracting authority and the successful tenderer from amending the provisions of that contract in such a way that those provisions differ materially in character from those of the original contract. Such will be the case if the proposed amendments would either extend the scope of the contract considerably to encompass elements not initially covered or to change the economic balance of the contract in favour of the successful tenderer, or if those changes are liable to call into question the award of the contract, in the sense that, had such amendments been incorporated in the documents which had governed the original contract award procedure, either another tender would have been accepted or other tenderers might have been admitted to that procedure (see, to that effect, inter alia, judgment of 19 June 2008, pressetext Nachrichtenagentur, C‑454/06, EU:C:2008:351, paragraphs 34 to 37). | 86. It is to be remembered that derogations from a general principle are to be interpreted strictly. As regards, in particular, the principle of exemption from withholding tax laid down in Article 5(1) of the Directive, the Court thus held at paragraph 27 of its judgment in Denkavit and Others , cited above, in relation to Article 3(2) of the Directive that since Article 3(2) constitutes a derogation from that principle it is to be interpreted strictly and that the option which it allows the Member States cannot be given an interpretation going beyond its actual words. | 0 |
866,748 | 86. Furthermore, the visual, aural and conceptual similarities between the signs at issue must be the subject of a global assessment in which the assessment of any aural similarity is but one of the relevant factors (see, to that effect, Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 21). | 26. As the Advocate General states in point 34 of his Opinion, that integrated approach is realised by appropriate coordination of the procedure and authorisation conditions for industrial installations whose potential for pollution is significant, making it possible to achieve the highest level of protection for the environment as a whole, which must in all cases include provisions minimising long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole. | 0 |
866,749 | 17. Under Article 13(2)(a) of Regulation No 1408/71, a person employed in the territory of one Member State is to be subject to the legislation of that State even if he resides in the territory of another Member State. The effect of determining that a given Member State’s legislation is the legislation applicable to a worker pursuant to that provision is that only the legislation of that Member State is applicable to him (see Ten Holder , paragraph 23). | 28. Or, nonobstant l’exclusion des concessions de services du champ d’application de la directive 2004/18 en vertu de l’article 17 de celle-ci, les autorités publiques qui attribuent une telle concession sont tenues de respecter les règles fondamentales du traité FUE, les principes de non‑discrimination en raison de la nationalité et d’égalité de traitement ainsi que l’obligation de transparence qui en découle dès lors que cette concession présente un intérêt transfrontalier certain (voir en ce sens, notamment, arrêt du 17 juillet 2008, ASM Brescia, C‐347/06, Rec. p. I‐5641, points 58 et 59 ainsi que jurisprudence citée). | 0 |
866,750 | 76. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite clear that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it ( PreussenElektra , paragraph 39, and Hartlauer , paragraph 25). | 37. Thus, by Decision 2001/246, based on Article 10 of Directive 90/425 and Article 13(3) of Directive 85/511, the Commission authorised the suppressive vaccination and pre-emptive killing of animals, the latter measure designating, according to Article 1 of that decision, the killing of susceptible animals on holdings within a certain radius around holdings placed under the restrictions defined in Article 4 or 5 of Directive 85/511, aimed at the urgent reduction of numbers of animals of susceptible species in an infected area. | 0 |
866,751 | 110
Furthermore, the Council and the Commission are obliged to adjudicate upon a claim for market economy treatment made by any producer established in a non-market economy country which is a member of the WTO at the date of the initiation of an anti-dumping investigation, including where they have recourse to sampling as provided for in Article 17 of Regulation No 384/96 (see, to this effect, judgments in Brosmann Footwear (HK) and Others v Council, C‑249/10 P, EU:C:2012:53, paragraphs 32 and 36 to 38, and Zhejiang Aokang Shoes v Council, C‑247/10 P, EU:C:2012:710, paragraphs 24, 29, 30 and 32). | 34 It must next be observed that the concept of aid encompasses advantages granted by public authorities which, in various forms, mitigate the charges which are normally included in the budget of an undertaking (Case C-387/92 Banco Exterior de España [1994] ECR I-877, paragraphs 12 and 13). | 0 |
866,752 | 23 However, there may be circumstances in which the application of such rules would not be in conformity with Articles 59 and 60 of the Treaty (see, to this effect, Mazzoleni and ISA, paragraph 30). | 32. Conformément à une jurisprudence constante, l’interprétation que la Cour donne d’une règle du droit de l’Union, dans l’exercice de la compétence que lui confère l’article 267 TFUE, éclaire et précise la signification et la portée de cette règle, telle qu’elle doit ou aurait dû être comprise et appliquée depuis le moment de sa mise en vigueur. Il s’ensuit que la règle ainsi interprétée peut et doit être appliquée à des rapports juridiques nés et constitués avant l’arrêt statuant sur la demande d’interprétation, si par ailleurs les conditions permettant de porter devant les juridictions compétentes un litige relatif à l’application de ladite règle se trouvent réunies (voir, notamment, arrêts du 2 février 1988, Blaizot e.a., 24/86, Rec. p. 379, point 27; du 10 janvier 2006, Skov et Bilka, C-402/03, Rec. p. I-199, point 50, et du 18 janvier 2007, Brzeziński, C‑313/05, Rec. p. I-513, point 55). | 0 |
866,753 | 19 In response to the preliminary observation of the Italian Government to the effect that the national court manifestly lacks jurisdiction to entertain the main proceedings, it must be borne in mind that in its judgment in Case 65/81 Reina v Landeskreditsbank Baden-Württemberg [1982] ECR 33, paragraph 7, the Court laid down the principle that it is not for the Court to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organisation of the courts and their procedure. It must therefore abide by the decision from a court of a Member State in so far as it has not been overturned in any appeal procedures provided for by national law (see Case C-10/92 Balocchi v Ministero delle Finanze [1993] ECR I-5105, paragraphs 16 and 17).
The first and second questions | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
866,754 | 34. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from what is now well established case-law that the purpose of the legislation concerned must be taken into consideration (see, to this effect, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraphs 34 and 44 to 49; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Test Claimants in the FII Group Litigation , paragraph 36; and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34). | 24. Il convient, tout d’abord, de rappeler que la Commission, eu égard à son rôle de gardienne du traité, est seule compétente pour décider s’il est opportun d’engager une procédure en constatation de manquement. Elle est également seule compétente p our décider s’il est opportun de poursuivre la procédure précontentieuse par l’envoi d’un avis motivé tout comme elle a la faculté, mais non l’obligation, au terme de cette procédure, de saisir la Cour en vue de faire constater par cette dernière le manquement présumé (voir en ce sens, notamment, arrêt Commission/Belgique, C‑207/97, EU:C:1999:17, point 24 et jurisprudence citée). | 0 |
866,755 | 48. Furthermore, the Court has already held that the social provisions of Decision No 1/80, of which the first paragraph of Article 7 forms part, constitute a further stage in securing freedom of movement for workers on the basis of Articles 45 TFEU, 46 TFEU and 47 TFEU and that, therefore, the principles enshrined in those Treaty articles must be transposed, so far as possible, to Turkish nationals who enjoy the rights conferred by that Decision (see, to that effect, Case C-171/95 Tetik [1997] ECR I-329, paragraph 20, and Case C-351/95 Kadiman [1997] ECR I-2133, paragraph 30). | 18 FURTHERMORE, SUCH AGREEMENTS MAY AFFECT TRADE BETWEEN MEMBER STATES IN SEVERAL RESPECTS . FIRST OF ALL, TRAVEL AGENTS OPERATING IN ONE MEMBER STATE MAY SELL TRAVEL ORGANIZED BY TOUR OPERATORS ESTABLISHED IN OTHER MEMBER STATES . SECONDLY, THESE AGENTS MAY SELL TRAVEL TO CUSTOMERS RESIDING IN OTHER MEMBER STATES . THIRDLY, THE TRAVEL IN QUESTION IS OFTEN TO OTHER MEMBER STATES . | 0 |
866,756 | 83. As regards, in the third place, the absence of prior notice and the lack of any opportunity for the company concerned to make known its views, it should be noted that, in all proceedings initiated against a person which may well culminate in a measure adversely affecting that person, respect for the rights of the defence is a fundamental principle of EU law which must be guaranteed even in the absence of any rules governing the proceedings in question. That principle requires that the addressees of decisions that significantly affect their interests be placed in a position in which they may effectively make known their views on the evidence on which the contested decision is based (Case C‑28/05 Dokter and Others [2006] ECR I‑5431, paragraph 74 and the case-law cited). | 52. Il s’ensuit que ledit argument doit être déclaré irrecevable, dès lors que, dans le cadre d’un pourvoi, la compétence de la Cour est, en principe, limitée à l’appréciation de la solution légale qui a été donnée aux moyens débattus devant les juges du fond. | 0 |
866,757 | 74. It should also be observed that no provision of the Treaty affords a means of determining, in an abstract manner, the duration or frequency beyond which the supply of a service or of a certain type of service in another Member State can no longer be regarded as the provision of services, and accordingly ‘services’ within the meaning of the Treaty may cover services varying widely in nature, including services which are provided over an extended period, even over several years (see Case C‑215/01 Schnitzer EU:C:2003:662, paragraphs 30 and 31, and Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others EU:C:2012:283, paragraph 32). | 371. The plea raised by Mr Kadi that his fundamental right to respect for property has been infringed is therefore well founded. | 0 |
866,758 | 20. In that regard, it must first be recalled that it is not permissible for a party to alter the very subject‑matter of the case during the proceedings, and that the merits of the action must be examined solely in the light of the claims contained in the application initiating the proceedings (see, inter alia, Case 232/78 Commission v France [1979] ECR 2729, paragraph 3; Case C‑256/98 Commission v France [2000] ECR I‑2487, paragraph 31; and Case C‑508/03 Commission v United Kingdom [2006] ECR I‑3969, paragraph 61). | 29. VTB calls into question the admissibility of the question referred, on the ground that it concerns the interpretation of a directive the period for the transposition of which, which ended on 12 December 2007, had not yet expired at the date on which the decision to refer was made, that is to say, 24 May 2007. | 0 |
866,759 | 151
Secondly, the essence of a business’s freedom of expression and information is not affected by Article 13(1) of Directive 2014/40 inasmuch as that provision, far from prohibiting the communication of all information about the product, merely controls, in a very clearly defined area, the labelling of those products by prohibiting only the inclusion of certain elements and features (see, by analogy, judgments in Deutsches Weintor, C‑544/10, EU:C:2012:526, paragraph 57, and Neptune Distribution, C‑157/14, EU:C:2015:823, paragraph 71). | 25 THIS QUESTION IS ALL THE MORE IMPORTANT BECAUSE PARALLEL IMPORTERS ARE VERY OFTEN IN A POSITION TO OFFER THE GOODS AT A PRICE LOWER THAN THE ONE APPLIED BY THE DULY APPOINTED IMPORTER FOR THE SAME PRODUCT , A FACT WHICH , WHERE MEDICINAL PREPARATIONS ARE CONCERNED , SHOULD , WHERE APPROPRIATE , ENCOURAGE THE PUBLIC HEALTH AUTHORITIES NOT TO PLACE PARALLEL IMPORTS AT A DISADVANTAGE , SINCE THE EFFECTIVE PROTECTION OF HEALTH AND LIKE OF HUMANS ALSO DEMANDS THAT MEDICINAL PREPARATIONS SHOULD BE SOLD AT REASONABLE PRICES .
| 0 |
866,760 | 46. It is apparent from the Court’s case-law that full and proper compensation for persons injured by a defective product must be available for the kind of damage referred to in the preceding paragraph (see judgment in Veedfald , C‑203/99, EU:C:2001:258, paragraph 27). | 46 Accordingly, it is necessary to examine whether the restriction on capital movements arising from a legislative provision such as that at issue in the main proceedings may be objectively justified by any overriding reason in the general interest. | 0 |
866,761 | 27. According to settled case-law, that rule cannot be interpreted as allowing an applicant to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (judgments in Reisch Montage , C‑103/05, EU:C:2006:471, paragraph 32, and in Painer , C‑145/10, EU:C:2011:798, paragraph 78). | 40. Article 226 of Directive 2006/112 states that, without prejudice to the particular provisions of that directive, only the details listed in that article must obligatorily appear, for VAT purposes, on invoices issued pursuant to Article 220 of that directive. | 0 |
866,762 | 48. By preserving, nevertheless, the possibility for the department called upon to make a decision in a dispute of taking into account facts and evidence submitted late by the parties, that interpretation is, at least in respect of opposition proceedings, likely to contribute to ensuring that marks whose use could later successfully be challenged by means of annulment or infringement proceedings are not registered. As the Court has already held, reasons of legal certainty and sound administration speak in favour of that approach (see, in particular, Case C‑104/01 Libertel [2003] ECR I‑3793, paragraph 59).
The nature of the proceedings followed before the Board of Appeal of OHIM and Article 62(1) of Regulation No 40/94 | 35. La Cour a jugé que la libre circulation des capitaux peut être limitée par des mesures nationales justifiées par les raisons mentionnées à l’article 58 CE ou par des raisons impérieuses d’intérêt général, pour autant qu’il n’existe pas de mesure communautaire d’harmonisation prévoyant des mesures nécessaires pour assurer la protection de ces intérêts (voir arrêts précités Commission/Portugal, point 49; Commission/Belgique, point 45; Commission/Espagne, point 68; Commission/Italie, point 35, et Commission/Allemagne, point 72). | 0 |
866,763 | 58
That is why the joint and several liability as between two companies constituting an economic unit cannot be reduced, as regards the payment of the fine, to a type of security provided by the parent company in order to guarantee payment of the fine imposed on the subsidiary (see, to that effect, judgments of 26 November 2013, Kendrion v Commission, C‑50/12 P, EU:C:2013:771, paragraphs 55 and 56, and of 19 June 2014, FLS Plast v Commission, C‑243/12 P, EU:C:2014:2006, paragraph 107). | 68
In this respect, it must be examined to what extent the State intervention at issue in the main proceedings benefits individuals and undertakings respectively as final consumers of gas. | 0 |
866,764 | 23 It is clear that, contrary to the Commission's submission, the Court of First Instance did not fail to have regard to the preventive function of the second paragraph of Article 17 of the Staff Regulations - whose legality vis-à-vis the fundamental right to freedom of expression was recognised by the Court of Justice in paragraphs 52 to 55 of Connolly. The Court of First Instance simply criticised the reasons relied on by the appointing authority to substantiate the contested decision: those reasons merely stated that there was a risk that the interests of the Communities would be prejudiced where an official's opinion was different from the view expressed by the institution employing him. As has been pointed out at paragraph 19 above, only where there is a real risk of serious prejudice to the interests of the Communities, established on the basis of specific, objective factors, can a refusal of permission to publish be warranted. | 42. If examination of a Community measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component (see Case C-36/98 Spain v Council [2001] ECR I-779, paragraph 59; Case C-211/01 Commission v Council [2003] ECR I‑8913, paragraph 39; and Case C-338/01 Commission v Council [2004] ECR I‑4829, paragraph 55). | 0 |
866,765 | 21. Moreover, by focusing on a comparison of the percentage of recoverable waste in the States of destination and dispatch, the Netherlands rules on shipments of waste allow an objection to be raised against a shipment of waste for recovery on the basis not only of an independent evaluation of the economic and environmental aspects of the recovery operation in the State of destination, but also of the treatment capacity available in the State of dispatch. The Court has held that, in the context of the Community rules on shipments of waste, considerations of self‑sufficiency and proximity do not apply to shipments of waste for recovery (Case C-203/96 Dusseldorp and Others [1998] ECR I-4075, paragraphs 27 to 34). | 26 As the Court has held, the annulment of an administrative act challenged by an official constitutes appropriate reparation for any non-material harm which he may have suffered, and the claim for damages serves no purpose ( see judgments of 7 October 1985 in Case 128/84 Van der Stijl v Commission (( 1985 )) ECR 3281 and of 9 July 1987 in Joined Cases 44, 77, 294 and 295/85 Hochbaum and Rawes v Commission (( 1987 )) ECR 3259 ). | 0 |
866,766 | Par conséquent, il n’est pas, en principe, possible de déduire directement de la non-conformité d’une situation de fait avec les objectifs fixés à l’article 13 de la directive 2008/98 que l’État membre concerné a nécessairement manqué aux obligations imposées par cette disposition, à savoir prendre les mesures nécessaires pour s’assurer que les déchets soient éliminés sans mettre en danger la santé de l’homme et sans porter préjudice à l’environnement. Toutefois, la persistance d’une telle situation de fait, notamment lorsqu’elle entraîne une dégradation significative de l’environnement pendant une période prolongée sans intervention des autorités compétentes, peut révéler que les États membres ont outrepassé la marge d’appréciation que leur confère cette disposition (arrêts du 10 juin 2010, Commission/Portugal, C‑37/09, non publié, EU:C:2010:331, point 36, et du 11 décembre 2014, Commission/Grèce, C‑677/13, non publié, EU:C:2014: 2433, point 78). | 15 At the outset, it should be borne in mind that, under Article 177 of the Treaty, the Court has no power to apply rules of Community law to a particular case but may only provide a national court with information on the interpretation of Community law which may be useful to it in assessing the effects of a provision of national law (see in particular Case 100/63 Kalsbeek v Sociale Verzekeringsbank [1964] ECR 565, at 572, and Case 137/84 Ministère Public v Mutsch [1985] ECR 2681, paragraph 6). | 0 |
866,767 | 36. It is also settled case-law that all measures which prohibit, impede or render less attractive the exercise of the freedom of establishment must be regarded as restrictions on that freedom (see Case C‑442/02 Caixa Bank France [2004] ECR I‑8961, paragraph 11; Columbus Container Services , paragraph 34; Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt , paragraph 30; and CIBA , paragraph 19). | 31 In those circumstances, there is no need to consider the validity of that regulation.
The validity of Regulations Nos 711/95, 1066/95 and 1067/95 | 0 |
866,768 | 44 In that connection, the Court has consistently held that the principle of the protection of legitimate expectations forms part of the Community legal order and must be observed by the Member States when they exercise the powers conferred on them by Community directives (see, to that effect, Case 316/86 Krücken [1988] ECR 2213, paragraph 22, Joined Cases C-31/91 to C-44/91 Lageder and Others [1993] ECR I-1761, paragraph 33, Case C-381/97 Belgocodex [1998] ECR I-8153, paragraph 26, and Case C-396/98 Schlossstrasse [2000] ECR I-4279, paragraph 44). | 42 It is settled law that, wherever provisions of a directive appear to be, from the point of view of their content, unconditional and sufficiently precise, they may be relied on against any national provision which is not in accordance with the directive (see the judgment in Case 8/81 Becker [1982] ECR 53 and the judgment in Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357. | 0 |
866,769 | 21 As the Court has held (see Case 170/84 Bilka v Weber von Hartz [1986] ECR 1607; Barber, cited above, paragraph 12; Case C-109/91 Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf [1993] ECR I-4879, paragraph 8), the fact that certain benefits are paid after the termination of the employment relationship does not prevent them from being "pay" within the meaning of Article 119. | 9 First, the rules must make provision for a procedure enabling traders to have the additive included on the national list of authorized additives. The procedure must be one which is readily accessible, can be completed within a reasonable period, and, if it leads to a rejection, that rejection must be open to challenge before the courts. | 0 |
866,770 | 34. S’agissant de la seconde justification, tirée de la nécessité d’assurer efficacement la lutte contre la fraude fiscale, la Cour a jugé que cette efficacité constitue une raison impérieuse d’intérêt général susceptible de justifier une restriction à l’exercice des libertés fondamentales garanties par le traité. Ainsi, dans le but d’assurer l’efficacité des contrôles fiscaux, lesquels entrent dans le cadre de la lutte contre la fraude fiscale, un État membre est-il autorisé à appliquer des mesures qui permettent la vérification, de façon claire et précise, du montant des frais déductibles dans cet État au titre des dépenses de recherche (arrêts précités Baxter e.a., point 18, ainsi que Laboratoires Fournier, point 24). Pour autant, la mesure visant à permettre cette vérification ne doit pas aller au-delà de ce qui est nécessaire à cet effet. | 19. Il convient d’emblée de rappeler que la sixième directive et la directive 2006/112 établissent un système commun de TVA fondé, notamment, sur une définition uniforme des opérations taxables (voir arrêts du 12 janvier 2006, Optigen e.a., C‑354/03, C‑355/03 et C‑484/03, Rec. p. I‑483, point 36; du 21 février 2006, Halifax e.a., C‑255/02, Rec. p. I‑1609, point 48, ainsi que du 20 juin 2013, Newey, C‑653/11, point 39). | 0 |
866,771 | 81 Next, it should be noted that, according to settled case-law, an undertaking which has a legal monopoly in a substantial part of the common market may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty (see Case C-179/90 Merci Convenzionali Porto di Genova [1991] ECR I-5889, paragraph 14, and Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 17). | 43. That argument cannot be accepted. | 0 |
866,772 | 13 It should be noted in this connection that, according to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force (see, in particular, Joined Cases 212/80 to 217/80 Salumi and Others [1981] ECR 2735, paragraph 9, and Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22). | 20 It is therefore necessary to consider whether the reasoning is to be extended to activities linked in any way at all to dealing in drugs. | 0 |
866,773 | 78
A national of a Member State of the European Union who is studying in another Member State is entitled, under Articles 18 TFEU and 21 TFEU, to move and reside freely within the territory of the host Member State, without being subject to direct or indirect discrimination on grounds of nationality (see, to that effect, judgment of 4 October 2012 in Commission v Austria, C‑75/11, EU:C:2012:605, paragraph 41 and the case-law cited). | 69. It must be borne in mind, however, that since the objective of Article 455(1) of the implementing regulation is to ensure diligent uniform application of the provisions relating to the recovery of customs debts in order to secure rapid availability of the Communities’ own resources (see, by analogy, inter alia Case C-460/01 Commission v Netherlands [2005] ECR I-2613, paragraphs 60, 63, 69 and 70), the notification of the offence or the irregularity must, in any event, be lodged as quickly as possible, namely as soon as the customs authorities are aware of that offence or irregularity, such as in this case where they were aware in at least 31 cases, well before expiry of the maximum periods of one year and, in the case of fraud, two years, as referred to in Article 11(1) of the TIR Convention. | 0 |
866,774 | 74
In view of the objective of ensuring the stability of the banking system in the euro area, and having regard to the imminent risk of financial losses to which depositors with the two banks concerned would have been exposed if the latter had failed, such measures do not constitute a disproportionate and intolerable interference impairing the very substance of the appellants’ right to property. Consequently, they cannot be regarded as unjustified restrictions on that right (see, by analogy, judgment of 10 July 2003, Booker Aquaculture and Hydro Seafood, C‑20/00 and C‑64/00, EU:C:2003:397, paragraphs 79 to 86). | 72. As is clear from paragraph 62 of the present judgment, the obligation imposed on a resident company by national rules, such as those at issue in the main proceedings, to pay ACT when profits from foreign-sourced dividends are distributed is, in fact, justified only in so far as that advance tax corresponds to the amount designed to make up for the lower nominal rate of tax to which the profits underlying the foreign-sourced dividends have been subject compared with the nominal rate of tax applicable to the profits of the resident company. | 0 |
866,775 | Selon une jurisprudence constante de la Cour, les successions, qui consistent en une transmission à une ou plusieurs personnes du patrimoine laissé par une personne décédée, constituent des mouvements de capitaux au sens de l’article 63 TFUE, à l’exception des cas où leurs éléments constitutifs se cantonnent à l’intérieur d’un seul État membre (arrêts du 10 février 2011, Missionswerk Werner Heukelbach, C‑25/10, EU:C:2011:65, point 16, et du 26 mai 2016, Commission/Grèce, C‑244/15, EU:C:2016:359, point 25 ainsi que jurisprudence citée). | 36. La Cour a précisé que, compte tenu des caractéristiques particulières du système de règlement des différends au sein de l’OMC, qui réserve une place importante à la négociation entre les parties, un opérateur économique ne saurait soutenir devant une juridiction d’un État membre qu’une réglementation de l’Union est incompatible avec certaines règles de l’OMC, alors même que l’ORD a déclaré ladite réglementation incompatible avec celles-ci et que le délai raisonnable prévu dans le cadre du système de règlement des différends mis en place par les accords OMC et accordé à l’Union en vue de se conformer à cette décision a expiré (voir, en ce sens, arrêt Van Parys, précité, point 54). | 0 |
866,776 | 31. With regard to that second situation, the Court has held that it is for the competent authority to assess whether a failure to comply with a provision of Directive 91/628 has had an impact on animal welfare (see, to that effect, Viamex Agrar Handels and ZVK , paragraph 44, and Case C‑96/06 Viamex Agrar Handels [2008] ECR I‑1413, paragraph 51). | 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 |
866,777 | 41. It is clear from case-law that Member States have a discretion to recognise certain organisations as being devoted to social wellbeing. However, that discretion must be exercised in accordance with Community law and, in particular, within the limits laid down in Directive 2006/112 (see, to that effect, Case C-141/00 Kügler [2002] ECR I‑6833, paragraphs 54 to 57; Kingscrest Associates and Montecello , paragraphs 51 and 52; and Case C-415/04 Stichting Kinderopvang Enschede [2006] ECR I‑1385, paragraph 23). | 14 It is therefore appropriate to refer, on the one hand, to the substantive rules contained in the legislation in force prior to implementation of the Customs Code and, on the other hand, to the procedural rules contained in the Customs Code. | 0 |
866,778 | 19 On 23 April 1996 the Commission sent a letter to the CVMP informing it of its decision to stay the procedure for including somatosalm in Annex II until further scientific information had been obtained. It explained that there had been a certain amount of opposition to somatosalm in the Adaptation Committee because the substance could be used to boost growth. It therefore asked the CVMP for a further opinion as to whether abuses of the product were possible. | 20 Since the explanatory notes are not binding, it must be determined whether their content is compatible with the provisions of the CN and does not alter their scope. | 0 |
866,779 | 17 According to the case-law of the Court of Justice, the risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion within the meaning of Article 5(1)(b) of the Directive (see, to that effect, SABEL, paragraphs 16 to 18, and Case C-39/97 Canon [1998] ECR I-5507, paragraph 29). It follows from the very wording of Article 5(1)(b) that the concept of likelihood of association is not an alternative to that of likelihood of confusion, but serves to define its scope (see, to that effect, SABEL, paragraphs 18 and 19). | 38
In that regard, the Commission enjoys wide discretion, the exercise of which involves complex economic and social assessments (see, to that effect, judgments of 11 September 2008, Germany and Others v Kronofrance, C‑75/05 P and C‑80/05 P, EU:C:2008:482, paragraph 59, and of 8 March 2016, Greece v Commission, C‑431/14 P, EU:C:2016:145, paragraph 68). | 0 |
866,780 | 47. In the absence of EU rules governing the matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, in this case the Habitats Directive, since the Member States are responsible for ensuring that those rights are effectively protected in each case (see, in particular, Case C‑268/06 Impact [2008] ECR I‑2483, paragraphs 44 and 45). | 24. Such serious inconvenience may likewise arise in a situation such as that of the main proceedings. It matters little in that regard whether the discrepancy in surnames is the result of the dual nationality of the persons concerned or of the fact that, in the State of birth and residence, the connecting factor for determination of a surname is residence whilst, in the State of which those persons are nationals, it is nationality. | 0 |
866,781 | 65. Lastly, it must be pointed out that the interpretation given in the preceding paragraph is not incompatible with the requirements of Article 59 of the Additional Protocol signed on 23 November 1970. On similar grounds to those set out by the Court in paragraphs 62 to 67 of its judgment in Case C-325/05 Derin [2007] ECR I-6495, in paragraph 21 of its judgment in Case C‑349/06 Polat [2007] ECR I-8167, and in paragraph 45 of its judgment in Bozkurt , the situation of a member of the family of a Turkish migrant worker cannot usefully be compared to that of a member of the family of a national of a Member State, having regard to the significant differences between their respective legal situations (see, to that effect, Case C‑462/08 Bekleyen [2010] ECR I‑0000, paragraphs 37, 38 and 43). | 11 ARTICLE 8 DOES NOT SPECIFY THE COURTS FROM WHICH SUCH REMEDIES MAY BE SOUGHT . THE RESOLUTION OF THAT POINT DEPENDS UPON THE ORGANIZATION OF THE COURTS OF EACH MEMBER STATE . IT FOLLOWS THAT IF , IN A MEMBER STATE , REMEDIES AGAINST ACTS OF THE ADMINISTRATION MAY BE SOUGHT FROM THE ORDINARY COURTS , THE PERSONS COVERED BY DIRECTIVE NO 64/221 MUST BE TREATED IN THE SAME WAY AS NATIONALS WITH REGARD TO RIGHTS OF APPEAL TO SUCH COURTS IN RESPECT OF ACTS OF THE ADMINISTRATION . THIS MEANS THAT IF , IN A MEMBER STATE , THE ADMINSTRATIVE COURTS WERE NOT EMPOWERED TO GRANT A STAY OF EXECUTION OF AN ADMINISTRATIVE DECISION BUT SUCH POWER WAS RECOGNIZED TO THE ORDINARY COURTS THAT STATE WOULD BE OBLIGED TO PERMIT PERSONS COVERED BY THE DIRECTIVE TO APPLY FOR A STAY OF EXECUTION TO SUCH COURTS ON THE SAME CONDITIONS AS NATIONALS OF THAT STATE . IT MUST NEVERTHELESS BE EMPHASIZED THAT SUCH RIGHTS DEPEND ESSENTIALLY ON THE ORGANIZATION OF THE COURTS AND THE DIVISION OF THE JURISDICTION OF JUDICIAL BODIES IN THE VARIOUS MEMBER STATES SINCE THE ONLY OBLIGATION IMPOSED UPON THE MEMBER STATES BY ARTICLE 8 IS TO GRANT TO PERSONS PROTECTED UNDER COMMUNITY LAW RIGHTS OF APPEAL WHICH ARE NOT LESS FAVOURABLE THAN THOSE AVAILABLE TO NATIONALS OF THE STATE CONCERNED AGAINST ACTS OF THE ADMINISTRATION .
| 0 |
866,782 | 20. Moreover, it also follows from that case-law that the Court can refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see PreussenElektra , paragraph 39, Canal Satélite Digital , paragraph 19, and Adolf Truley , paragraph 22). | 53. Ainsi que l’a relevé la Commission, ces indications relatives à l’admissibilité d’une intervention de l’État consistant à réglementer les prix, qui sont énoncées dans l’arrêt Federutility e.a. (C-265/08, EU:C:2010:205) en ce qui concerne l’article 3, paragraphe 2, de la directive 2003/55, sont également valables s’agissant de l’article 3, paragraphe 2, de la directive 2009/73, aucune modification n’ayant été apportée à cette dernière disposition en tant qu’elle s’applique à la présente affaire. | 0 |
866,783 | 63. However, the Court of Justice, which is called on to provide answers of use to the referring court, may provide guidance based on the documents relating to the main proceedings and on the written and oral observations which have been submitted to it, in order to enable that court to give judgment (see Ottica New Line di Accardi Vincenzo EU:C:2013:591, paragraph 49 and the case-law cited). | En ce qui concerne la décharge de Juan Grande, le Royaume d’Espagne invoque le fait que les travaux nécessaires ont été suspendus
par une autorité judiciaire. Toutefois, il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de situations
de son ordre interne pour justifier le non-respect des obligations et des délais résultant du droit de l’Union. En particulier,
l’exercice de voies de recours juridictionnelles est sans incidence sur le bien-fondé d’un grief formulé dans le cadre d’une
procédure en manquement (voir, en ce sens, arrêt Commission/Slovénie, C‑140/14, EU:C:2015:501, points 76 à 80 et jurisprudence
citée). | 0 |
866,784 | 25. In that connection, it must be recalled that in order to ensure that the rights and obligations arising out of the Brussels Convention for the Contracting States and for individuals concerned are as equal and uniform as possible, an independent definition must be given in Community law to the phrase ‘in proceedings which have as their object rights in rem in immovable property’ (see, in particular, Case C-115/88 Reichert and Kockler [1990] ECR I-27, paragraph 8). | 26 THE NOTICE OF COMPLAINTS FULFILS THIS REQUIREMENT SINCE IT SETS FORTH CLEARLY, ALBEIT SUCCINCTLY, THE ESSENTIAL FACTS ON WHICH THE COMMISSION RELIES . | 0 |
866,785 | 58
Article 5 of Directive 95/46 authorises Member States to specify, within the limits of Chapter II of that directive and, accordingly, Article 7 thereof, the conditions under which the processing of personal data is lawful, the margin of discretion which Member States have pursuant to Article 5 can therefore be used only in accordance with the objective pursued by that directive of maintaining a balance between the free movement of personal data and the protection of private life. Under Article 5 of Directive 95/46, Member States also cannot introduce principles relating to the lawfulness of the processing of personal data other than those listed in Article 7 thereof, nor can they amend, by additional requirements, the scope of the six principles provided for in Article 7 (see, to that effect, judgment of 24 November 2011, ASNEF and FECEMD, C‑468/10 and C‑469/10, EU:C:2011:777, paragraphs 33, 34 and 36). | 60. En second lieu, s’agissant de l’argument avancé par la République italienne selon lequel deux entreprises bénéficiaires sont soumises à des procédures nationales de concordat préventif qui auraient pour conséquence inéluctable la liquidation de ces entreprises, il convient d’emblée de rappeler que, selon une jurisprudence constante, le fait que des entreprises sont en difficulté ou en faillite n’affecte pas l’obligation de récupération d’aides illégalement versées, l’État membre concerné étant tenu, selon le cas, de provoquer la liquidation de la société, de faire inscrire sa créance au passif de l’entreprise ou de prendre toute autre mesure permettant le remboursement de l’aide (voir, notamment, arrêts Commission/Italie, C‑613/11, EU:C:2013:192, point 42, et Commission/France, C‑37/14, EU:C:2015:90, point 84). | 0 |
866,786 | 19. According to the Court’s case-law, where a transaction comprises a bundle of features and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, firstly, if there were two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of services (see, to that effect, Case C‑231/94 Faaborg‑Gelting Linien [1996] ECR I‑2395, paragraphs 12 to 14, and CPP , paragraphs 28 and 29). | 73. La condamnation au paiement d’une somme forfaitaire et la fixation du montant éventuel de cette somme doivent, dans chaque cas d’espèce, demeurer fonction de l’ensemble des éléments pertinents ayant trait tant aux caractéristiques du manquement constaté qu’à l’attitude propre à l’État membre concerné par la procédure initiée sur le fondement de l’article 260 TFUE. À cet égard, celui-ci investit la Cour d’un large pouvoir d’appréciation afin de décider de l’infliction ou non d’une telle sanction et de déterminer, le cas échéant, son montant (voir arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 114). | 0 |
866,787 | 28
It is established case-law that procedural rules are generally held to apply from the date on which they enter into force (judgments of 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 75 and the case-law cited; of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 88; and of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 45), even in a procedure that was initiated before that date, but is still pending after that date (see, to that effect, judgment of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 47). | 19 In Vroege (paragraphs 20 to 27) and Fisscher (paragraphs 17 to 24) the Court stated that the limitation of the effects in time of the Barber judgment concerned 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, in particular those of Directive 86/378. | 0 |
866,788 | 25. As the Court has already held, it should be recalled, first of all, that the requirement, under the fifth paragraph of Article 10a of Directive 85/337 and the fifth paragraph of Article 15a of Directive 96/61, that judicial proceedings should not be prohibitively expensive does not prevent the national courts from making an order for costs (see, to that effect, Case C‑427/07 Commission v Ireland [2009] ECR I‑6277, paragraph 92). | 36. However, measures which restrict the freedom to provide services may be justified on public policy grounds only if they are necessary for the protection of the interests which they are intended to guarantee and only in so far as those objectives cannot be attained by less restrictive measures (see, in relation to the free movement of capital, Église de Scientologie , paragraph 18). | 0 |
866,789 | 32. For Directive 2001/23 to be applicable the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (see inter alia Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term ‘entity’ thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (see inter alia Süzen , cited above, paragraph 13 and Abler and Others , cited above, paragraph 30). | 42 According to Annex I, point I, C (`Germany'), to which Article 1(a)(ii) of Regulation No 1408/71 refers, only persons compulsorily insured against unemployment or persons who, as a result of such insurance, obtain cash benefits under sickness insurance or comparable benefits can be considered, for the purposes of the grant of family benefits pursuant to Title III, Chapter 7, of Regulation No 1408/71, to be employed persons within the meaning of Article 1(a)(ii) of that regulation (Case C-266/95 Merino García [1997] ECR I-3279). | 0 |
866,790 | 35. Accordingly, in so far as EU law does not lay down common rules in this field, it is for each Member State to determine the rules governing the extinction, through the passage of time, of customs debts which it has not been possible to assess because of an act which could give rise to criminal court proceedings (see, by analogy, Case C-91/02 Hannl-Hofstetter [2003] ECR I‑12077, paragraphs 18 to 20, and Molenbergnatie , paragraph 53). | 13 The Social Security Commissioners, before whom the case came on appeal, referred questions to the Court of Justice by decision of 25 January 1990 asking in particular whether such a rule was compatible with Directive 79/7. | 0 |
866,791 | 47
Also the intended purpose of the product at issue in the main proceedings must be taken into consideration, as that purpose may constitute an objective criterion for classification if it is inherent in the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see, to that effect, judgment of 26 April 2017, Stryker EMEA Supply Chain Services, C‑51/16, EU:C:2017:298, paragraph 40 and the case-law cited). | 38. Par ailleurs, il convient de souligner que, selon la jurisprudence de la Cour, les caractéristiques techniques des véhicules d’occasion précédemment immatriculés dans d’autres États membres peuvent être déterminées sur la base des documents d’immatriculation déjà existants (voir, en ce sens, arrêt Commission/Finlande, précité, point 42). | 0 |
866,792 | 30
Article 12(1)(a) of the VAT Directive refers to the supply of a building or a part of a building and the land on which its stand, made before its first occupation. Thus, those provisions, read together, make a distinction between old and new buildings, the sale of an old building not being, as a rule, subject to VAT (see, to that effect, judgment of 12 July 2012, J.J. Komen en Zonen Beheer Heerhugowaard, C‑326/11, EU:C:2012:461, paragraph 21). | 45
It is also apparent from the Court’s case-law that, unless it has been granted a marketing authorisation as a medicinal product, a patented product may not give rise to the grant of an SPC (judgment of 15 January 2015, Forsgren, C‑631/13, EU:C:2015:13, paragraph 34). | 0 |
866,793 | 19. According to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force (see Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22; Case C-61/98 De Haan [1999] ECR I-5003, paragraph 13; Case C-251/00 Ilumitrónica [2002] ECR I-10433, paragraph 29; and Joined Cases C-361/02 and C-362/02 Tsapalos and Diamantakis [2004] ECR I-6405, paragraph 19). | 134. Article 5(3)(d) of Directive 2001/29 is intended to strike a fair balance between the right to freedom of expression of users of a work or other protected subject-matter and the reproduction right conferred on authors. | 0 |
866,794 | 57 Third, as regards the risk of tax avoidance, the Court has already held that the establishment of a company outside the United Kingdom does not, of itself, necessarily entail tax avoidance, since that company will in any event be subject to the tax legislation of the State of establishment (ICI, paragraph 26). | 36. En ce qui concerne la charge de la preuve, il convient de rappeler que, dans le cadre d’une procédure en manquement, en vertu de l’article 226 CE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts du 25 mai 1982, Commission/Pays-Bas, 96/81, Rec. p. 1791, point 6, et du 12 septembre 2000, Commission/Pays-Bas, C-408/97, Rec. p. I‑6417, point 15). | 0 |
866,795 | 29. Before Directive 92/85 came into force, the Court had already held that, under the principle of non-discrimination and, particularly, Articles 2(1) and 5(1) of Directive 76/207, protection against dismissal should be granted to women not only during maternity leave, but also throughout the period of the pregnancy. According to the Court, a dismissal occurring during those periods affects only women and therefore constitutes direct discrimination on the grounds of sex (see, to that effect, Case C-179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I-3979, paragraph 15; Case C-394/96 Brown [1998] ECR I-4185, paragraphs 24 to 27; and McKenna , paragraph 47). | 12 Although the French-language version of Article 169 provides that adaptations thereunder must be made prior to accession - `avant l'adhésion' - the fact remains that all the other language versions place that temporal restriction not on recourse to Article 169 but on the date of adoption of the acts to be amended (`De fornødne tilpasninger af institutionernes retsakter fra før tiltrædelsen; Erfordern vor dem Beitritt erlassene Rechtsakte der Organe aufgrund des Beitritts eine Anpassung; Ïôáí ðñÜîåéò ôùí ïñãÜíùí ðñéí ôç ðñïó÷þñçóç ÷ñåéÜæïíôáé ðñïóáñìïãÞ óõíåðåßá áõôÞò; En caso de que los actos de las instituciones previos a la adhesión requieran una adaptación como consecuencia de ésta; Más gá gníomhartha na n-institiúidí arna ndéanamh roimh an aontachas a oiriúnú de thoradh an aontachais; Quando gli atti delle istituzioni precedenti all'adesione richiedono adattamenti in conseguenza dell'adesione; Indien besluiten van de Instellingen van vóór de toetreding in verband met de toetreding moeten worden aangepast; Quando os actos das Instituições, anteriores à adesão, devam ser adaptados em virtude da adesão; Jos toimielinten ennen liittymistä antamia säädöksiä on mukautettava liittymisen johdosta; Sådana anpassningar av institutionernas rättsakter som behövs inför anslutningen; Where acts of the institutions prior to accession require adaptation by reason of accession'). | 0 |
866,796 | 21. So far as concerns the second of the abovementioned criteria, that is, that the protected work must in fact be communicated to a ‘public’, it follows from Article 3(1) of Directive 2001/29 that, by the term ‘public’, that provision refers to an indeterminate number of potential recipients and implies, moreover, a fairly large number of persons ( SGAE , paragraphs 37 and 38, and ITV Broadcasting and Others , paragraph 32). | 58. Turning, next, to the argument based on the degree of regulation of the pharmaceuticals markets in the Community, it must first be examined whether State regulation of the prices of medicinal products has an impact on the assessment of whether a refusal to supply those products constitutes abuse. | 0 |
866,797 | 12 In those four judgments, the Court added that unlawful imports or supplies of goods such as those at issue in those cases, release of which into the economic and commercial channels of the Community is by definition absolutely precluded and which can give rise only to penalties under the criminal law, are wholly alien to the provisions of the Sixth Directive (Einberger, paragraphs 19 and 20; Mol, paragraph 15; Happy Family, paragraph 17; and Witzemann, paragraph 19). That line of case-law thus concerns goods which, because of their special characteristics, may not be placed on the market or incorporated into economic channels. | 15 Since the harmfulness of narcotic drugs is generally recognized, there is a prohibition in all the Member States on marketing them, with the exception of strictly controlled trade for use for medical and scientific purposes . As the Court has already held with regard to the illegal importation of narcotic drugs into the Community, in its judgment in Einberger, such drugs are, by definition, subject to a total prohibition on importation and marketing in the Community . The Court added that such goods, whose release into the economic and commercial channels of the Community is absolutely precluded and whose illegal importation can give rise only to penalties under the criminal law, are wholly alien to the provisions of the Sixth Directive on the definition of the basis of assessment and, in consequence, to the provisions on the origination of a turnover tax debt . | 1 |
866,798 | 22
As a preliminary point, it must be borne in mind that, although Member States retain the power to organise their social security schemes, they must nonetheless, when exercising that power, observe EU law and, in particular, the provisions of the FEU Treaty on freedom of movement for workers and the right of establishment (see judgments of 1 April 2008, Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 43, and of 21 January 2016, Commission v Cyprus, C‑515/14, EU:C:2016:30, paragraph 38). | 28. À cet égard, il importe de relever que l’exécution conforme aux dispositions d’une directive par les autorités administratives d’un État membre ne peut, à elle seule, présenter la clarté et la précision requises pour satisfaire à l’exigence de sécurité juridique (voir, notamment, arrêt du 12 juillet 2007, Commission/Autriche, C‑507/04, Rec. p. I-5939, point 137). En outre, de simples pratiques administratives, par nature modifiables au gré de l’administration et dépourvues d’une publicité adéquate, ne sauraient être considérées comme constituant une exécution des obligations qui incombent aux États membres dans le cadre de la transposition d’une directive (voir, en ce sens, arrêt du 10 mai 2007, Commission/Autriche, C‑508/04, Rec. p. I-3787, points 79 et 80). | 0 |
866,799 | 38. It follows that a worker who is a national of a Member State, such as Mr My, may not be refused the rights and social advantages which Article 39 EC and Regulation No 1612/68 afford him (see Case 152/82 Forcheri [1983] ECR 2323, paragraph 9; Echternach and Moritz , paragraph 12; Schmid , paragraph 22; and Ferlini , paragraph 43). | 42. As regards the first argument relied on by Eventech, that there is preferential access to State-funded transport infrastructure for the use of which no payment is sought from Black Cabs, it is certainly true that, as stated by that company, the Court has held that the financing, by means of capital contributions made by the public authorities as a shareholder, to the construction of infrastructure which is to be commercially operated may involve the grant of State aid (see, to that effect, the judgment in Mitteldeutsche Flughafen and Flughafen Leipzig-Halle v Commission , C‑288/11 P, EU:C:2012:821, paragraphs 43 and 44). | 0 |
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