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866,800 | 86. Exceptions to the provisions of a law can, in certain cases, undermine the consistency of that law, in particular where their scope is such that they lead to a result contrary to the objective pursued by that law (see, to that effect, Petersen , paragraph 61). | 48 First of all, according to settled case-law, the provisions of a directive must be implemented with unquestionable binding force and with the specificity, precision and clarity required in order to satisfy the requirement of legal certainty (Case C-59/89 Commission v Germany [1991] ECR I-2607, paragraph 24). | 0 |
866,801 | 25 The Court has consistently held that a provision of an agreement concluded by the Community with third countries must be regarded as being directly effective when, having regard to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure (see, in particular, Case 12/86 Demirel v Stadt Schwäbisch Gmünd [1987] ECR 3719, paragraph 14, Case C-18/90 ONEM v Kziber [1991] ECR I-199, paragraph 15, and Case C-162/96 Racke v Hauptzollamt Mainz [1998] ECR I-3655, paragraph 31). | 24ALTHOUGH IT IS TRUE THAT THE PROVISIONS OF THE TREATY RELATING TO ESTABLISHMENT AND THE PROVISION OF SERVICES CANNOT BE APPLIED TO SITUATIONS WHICH ARE PURELY INTERNAL TO A MEMBER STATE , THE POSITION NEVERTHELESS REMAINS THAT THE REFERENCE IN ARTICLE 52 TO ' ' NATIONALS OF A MEMBER STATE ' ' WHO WISH TO ESTABLISH THEMSELVES ' ' IN THE TERRITORY OF ANOTHER MEMBER STATE ' ' CANNOT BE INTERPRETED IN SUCH A WAY AS TO EXCLUDE FROM THE BENEFIT OF COMMUNITY LAW A GIVEN MEMBER STATE ' S OWN NATIONALS WHEN THE LATTER , OWING TO THE FACT THAT THEY HAVE LAWFULLY RESIDED ON THE TERRITORY OF ANOTHER MEMBER STATE AND HAVE THERE ACQUIRED A TRADE QUALIFICATION WHICH IS RECOGNIZED BY THE PROVISIONS OF COMMUNITY LAW , ARE , WITH REGARD TO THEIR STATE OF ORIGIN , IN A SITUATION WHICH MAY BE ASSIMILATED TO THAT OF ANY OTHER PERSONS ENJOYING THE RIGHTS AND LIBERTIES GUARANTEED BY THE TREATY .
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866,802 | 53. It should also be recalled that it is settled case-law that the principle of the protection of legitimate expectations cannot be extended to the point of generally preventing new rules from applying to the future consequences of situations which arose under the earlier rules (see, to that effect, Case 278/84 Germany v Commission [1987] ECR 1, paragraph 36; Case 203/86 Spain v Council [1988] ECR 4563, paragraph 19; Case C-221/88 Busseni [1990] ECR I-495, paragraph 35; and Butterfly Music , paragraph 25). | 11 ARTICLE 189 OF THE TREATY PROVIDES THAT A DIRECTIVE SHALL BE BINDING , AS TO THE RESULT TO BE ACHIEVED , UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS .
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866,803 | 52. As regards, in particular, the requirement for impartiality, that requirement encompasses, inter alia, objective impartiality, in so far as there must be sufficient guarantees to exclude any legitimate doubt as to bias on the part of the national authorities concerned (see, by analogy, Case C‑439/11 P Ziegler v Commission EU:C:2013:513, paragraph 155). | 11 IN THAT REGARD , IT IS NECESSARY TO EMPHASIZE , AS THE COURT HAS ALREADY DONE ON SEVERAL OCCASIONS , THAT COMMUNITY LEGISLATION MUST BE UNEQUIVOCAL AND ITS APPLICATION MUST BE PREDICTABLE FOR THOSE WHO ARE SUBJECT TO IT . POSTPONEMENT OF THE DATE OF ENTRY INTO FORCE OF A MEASURE OF GENERAL APPLICATION , ALTHOUGH THE DATE INITIALLY SPECIFIED HAS ALREADY PASSED , IS IN ITSELF LIABLE TO UNDERMINE THAT PRINCIPLE . IF THE PURPOSE OF AN EXTENSION IS TO DEPRIVE INDIVIDUALS OF THE LEGAL REMEDIES WHICH THE FIRST MEASURE HAS ALREADY CONFERRED UPON THEM , SUCH AN EFFECT IN PRACTICE RAISES THE QUESTION OF THE VALIDITY OF THE AMENDING MEASURE .
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866,804 | 80. In particular, the Court has consistently held that Member States may, for the purpose of protecting consumers, require those concerned to alter the description of a foodstuff where a product offered for sale under a particular name is so different, in terms of its composition or production, from the products generally understood as falling within that description within the Community that it cannot be regarded as falling within the same category (see, inter alia , Deserbais , paragraph 13, Case C-366/98 Geffroy [2000] ECR I-6579, paragraph 22, and Guimont , paragraph 30). | 71. Il incombe, cependant, à la Cour de vérifier si le Tribunal a commis une erreur de droit en refusant d’ordonner ladite mesure à la demande des requérants (voir, en ce sens, arrêt du 8 juillet 1999, ICI/Commission, C‑200/92 P, Rec. p. I‑4399, point 59). Ainsi, le Tribunal ne pourrait se contenter de rejeter leur demande d’expertise sans expliquer les raisons pour lesquelles une telle expertise ne peut, en tout état de cause, être pertinente pour la solution du litige (voir, en ce sens, arrêt du 4 mars 1999, Ufex e.a./Commission, C‑119/97 P, Rec. p. I‑1341, points 110 et 111). | 0 |
866,805 | 23. Moreover, it is important, first of all, to point out that the aim of that latter directive is to lay down minimum requirements intended to improve the living and working conditions of workers through an approximation of the provisions of national law, in particular, those governing working time. That harmonisation at EU level in relation to the organisation of working time is intended to guarantee better protection of the safety and health of workers by ensuring that they are entitled to minimum rest periods — particularly daily and weekly — and adequate breaks and by setting the maximum average duration of the working week at 48 hours, which is expressly stated to encompass overtime (see judgments in BECTU , C‑173/99, EU:C:2001:356, paragraphs 37 and 38; Jaeger , C‑151/02, EU:C:2003:437, paragraph 46, and order in Grigore , C‑258/10, EU:C:2011:122, paragraph 40). | 11 It emerges from the case-law of the Court, as laid down in particular in the judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 18, that the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in the country of origin or in the exporting country and consequently it is the expenses relating to sales on the domestic market which must be taken into account. Accordingly, it must be held that the institutions were right to refuse to use data relating to a market other than the domestic market of the country of origin or exporting country. | 0 |
866,806 | 36. Nationals of a Member State seeking employment in another Member State fall within the scope of Article 39 EC and therefore enjoy the right to equal treatment laid down in paragraph 2 of that provision (Case C‑258/04 Ioannidis [2005] ECR I‑8275, paragraph 21). | 2. This reference has been made in the course of proceedings between Mr Ioannidis and the Office national de l’emploi (National Employment Office, hereinafter ‘ONEM’) regarding the latter’s decision to refuse to grant the respondent the tideover allowance provided for under Belgian law.
Law
Community law | 1 |
866,807 | 53 It must be pointed out, moreover, that Article 119 of the Treaty prohibits any discrimination with regard to pay as between men and women, whatever may be the system which gives rise to such inequality. Accordingly, it is contrary to that article of the Treaty to impose an age condition, differing according to sex, for eligibility for employment-related pensions for workers who are in identical or similar situations (see, to that effect, Barber, cited above, paragraph 32). | 129 By the effect of that regulation, the Community thus acquired exclusive competence to contract with non-member countries the obligations relating to CRSs offered for use or used in its territory. | 0 |
866,808 | 69. By contrast, in other situations, where the person to be served with the judicial document resides in the territory of another Member State, the service of that document necessarily comes within the scope of that regulation and must, therefore, be carried out by the means put in place by the regulation to that end, as provided for by Article 1(1) thereof (see judgment in Alder , C‑325/11, EU:C:2012:824, paragraph 25). | 25. In other situations, as the Advocate General has noted in point 49 of his Opinion, where the person to be served with the judicial document resides abroad, the service of that document necessarily comes within the scope of Regulation No 1393/2007 and must, therefore, be carried out by the means put in place by the regulation to that end, as provided for by Article 1(1) thereof. | 1 |
866,809 | 27. The latter relies on the need to ensure payment of taxes and effective fiscal supervision. It is true that the Court has repeatedly held that the prevention of tax avoidance and the need for effective fiscal supervision may be relied upon to justify restrictions on the exercise of fundamental freedoms guaranteed by the Treaty (see Case C-254/97 Baxter and Others [1999] ECR I‑4809, paragraph 18, and Commission v Belgium , cited above, paragraph 39). However, a general presumption of tax avoidance or fraud is not sufficient to justify a fiscal measure which compromises the objectives of the Treaty (see, to that effect, the judgment in Commission v Belgium , cited above, paragraph 45). | Il convient de rappeler que la condition selon laquelle la personne qui introduit un recours en annulation doit être directement
concernée par l’acte attaqué implique que celui-ci produise directement des effets sur la situation juridique de cette personne
et ne laisse aucun pouvoir d’appréciation à ses destinataires qui sont chargés de sa mise en œuvre, celle-ci ayant un caractère
purement automatique et découlant de la seule réglementation de l’Union, sans application d’autres règles intermédiaires (voir,
notamment, arrêt Regione Siciliana/Commission, C‑15/06 P, EU:C:2007:183, point 31). | 0 |
866,810 | 62
In those circumstances, the refusal by the national authorities, in a case such as that of the main proceedings, to exempt heavy fuel oils from excise duty on the sole ground that the person declared by the authorised warehousekeeper as being their consignee does not have the status of end-user authorised under national law to receive energy products exempt from excise duty, without it being checked, on the basis of the evidence provided, whether the basic requirements necessary for those heavy fuel oils to be used for purposes giving entitlement to exemption are met at the time of their removal from the tax warehouse, goes beyond what is necessary to ensure the correct and straightforward application of those exemptions and to prevent any evasion, avoidance or abuse (see, by analogy, judgment of 27 September 2007 in Collée, C‑146/05, EU:C:2007:549, point 29). | 33. In the present case, it is apparent from the HS explanatory notes relating to heading 2203 of the CN that beer must be considered to be an alcoholic beverage. The classification of a product as a ‘beverage’ within the meaning of the CN depends on whether it is a liquid and is intended for human consumption (Case 114/80 Dr Ritter [1981] ECR 895, paragraph 9). | 0 |
866,811 | 36 The Court has made it clear that the possibility of relying, before a national court, on an unconditional and sufficiently precise provision of a directive which has not been transposed exists only for individuals and only in relation to "each Member State to which it is addressed". It follows that a directive may not by itself create obligations for an individual and that a provision of a directive may not therefore be relied upon as such against such a person (judgments in Case 152/84 Marshall [1986] ECR 723, paragraph 48, and in Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 9). The Court has stated that this case-law seeks to prevent a Member State from taking advantage of its own failure to comply with Community law (judgments in Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 22, and Case C-192/94 El Corte Inglés, not yet published in the ECR, paragraph 16). | 48 WITH REGARD TO THE ARGUMENT THAT A DIRECTIVE MAY NOT BE RELIED UPON AGAINST AN INDIVIDUAL , IT MUST BE EMPHASIZED THAT ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE , WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT , EXISTS ONLY IN RELATION TO ' EACH MEMBER STATE TO WHICH IT IS ADDRESSED ' . IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . IT MUST THEREFORE BE EXAMINED WHETHER , IN THIS CASE , THE RESPONDENT MUST BE REGARDED AS HAVING ACTED AS AN INDIVIDUAL .
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866,812 | 57. According to the Court’s case-law, a restriction of freedom of establishment is permissible only if it is justified by overriding reasons in the public interest. It is further necessary, in such a case, that it should be appropriate to ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective (see Case C‑414/06 Lidl Belgium [2008] ECR I‑3601, paragraph 27, and Case C‑157/07 Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt [2008] ECR I‑0000, paragraph 40 and the case-law cited). | 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 |
866,813 | 51. However, it should be borne in mind that, according to settled case-law, irrespective of the existence of a legitimate objective under EU law, a restriction on the fundamental freedoms enshrined in the Treaty may be justified only if the relevant measure is appropriate to ensuring the attainment of the objective in question and does not go beyond what is necessary to attain that objective (see, to that effect, Case C‑100/01 Oteiza Olazabal [2002] ECR I‑10981, paragraph 43; Case C‑527/06 Renneberg [2008] ECR I‑7735, paragraph 81; Joined Cases C‑155/08 and C‑157/08 X and Passenheim-van Schoot [2009] ECR I‑0000, paragraph 47; and Case C‑169/08 Presidente del Consiglio dei Ministri [2009] ECR I‑0000, paragraph 42). Furthermore, national legislation is appropriate to ensuring attainment of the objective pursued only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, in particular, Hartlauer , paragraph 55, and Presidente del Consiglio dei Ministri , paragraph 42). | 23. Assets attributed to permanent establishments which are situated in a Member State other than the Kingdom of Belgium and the income from which is not taxable in Belgium are not taken into account when calculating the risk capital serving as a basis for calculation of the deduction at issue in the main proceedings, whereas assets attributed to permanent establishments situated in Belgium are taken into account for that purpose. | 0 |
866,814 | 31 Nevertheless, the Court has also stated that, in exceptional circumstances, it may examine the conditions in which the case was referred to it by the national court, in order to determine whether it has jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the elements of fact or law necessary to enable it to give a useful answer to the questions submitted to it (see, inter alia, Bosman, paragraph 61, and PreussenElektra, paragraph 39). | 46. It should be pointed out, in that regard, that no other provision of the Framework Decision lays down any such obligation. | 0 |
866,815 | 27
Consequently, the Court has held, in essence, that Article 15(1) of Directive 2011/64 cannot be interpreted as precluding legislation whereby a selling price, namely the price stated on the tax label, is imposed for the sale to the consumer of imported or home-produced tobacco products, provided that that price has been freely determined by the manufacturer or importer (see, by analogy, judgment of 16 November 1977, GB-Inno-BM, 13/77, EU:C:1977:185, paragraphs 63 and 64). | 241. The gravity of the infringements must be assessed in the light of numerous factors, such as the particular circumstances of the case, its context and the dissuasive effect of fines, although no binding or exhaustive list of the criteria to be applied has been drawn up (see, in particular, Limburgse Vinyl Maatschappij and Others v Commission , paragraph 465). | 0 |
866,816 | 18. In that regard, it must be noted at the outset that the rule of special jurisdiction laid down, by way of derogation from the principle of jurisdiction of the courts of the place of domicile of the defendant, in Article 5(3) of the regulation is based on the existence of a particularly close connecting factor between the dispute and the courts of the place where the harmful event occurred, which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings (Joined Cases C‑509/09 and C‑161/10 eDate Advertising and Others [2011] ECR I‑10269, paragraph 40). | 22 IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT NEITHER THE NATURE NOR THE STRUCTURE OF THE AGREEMENT CONCLUDED WITH PORTUGAL MAY PREVENT A TRADER FROM RELYING ON THE PROVISIONS OF THE SAID AGREEMENT BEFORE A COURT IN THE COMMUNITY .
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866,817 | 34. With regard, second, to the objective pursued by Directive 75/129, as the first recital in its preamble states, the directive is intended to afford greater protection to workers in the event of collective redundancies. That aim of protecting workers has been noted repeatedly by the Court (see Case C-449/93 Rockfon [1995] ECR I-4291, paragraph 29, and Lauge and Others , paragraph 19). | 39. Consequently, the formalities to be complied with by taxable persons to exercise, vis-à-vis the tax authorities, the right to reduce the taxable amount for VAT must be limited to those which make it possible to provide proof that, after the transaction has been concluded, part or all of the consideration will definitely not be received. It is for the national courts to ascertain whether that is true of the formalities required by the Member State concerned. | 0 |
866,818 | 43
However, according to settled case-law, the detailed procedural rules governing the remedies intended to protect rights conferred by EU law on candidates and tenderers harmed by decisions of contracting authorities, must not compromise the effectiveness of Directives 89/665 and 92/13, the objective of which is to ensure that decisions taken unlawfully by contracting authorities may be reviewed effectively and as rapidly as possible (see, in particular, judgments of 12 December 2002, Universale-Bau and Others, C‑470/99, EU:C:2002:746, paragraph 72; of 27 February 2003, Santex, C‑327/00, EU:C:2003:109, paragraph 51; of 3 March 2005, Fabricom, C‑21/03 and C‑34/03, EU:C:2005:127, paragraph 42; order of 4 October 2007, Consorzio Elisoccorso San Raffaele, C‑492/06, EU:C:2007:583, paragraph 29; judgments of 12 March 2015, eVigilio, C‑538/13, EU:C:2015:166, paragraph 40; and of 6 October 2015, Orizzonte Salute, C‑61/14, EU:C:2015:655, paragraph 47). | 29. It is thus apparent from the wording, the scheme of the Regulation and the objective which it pursues that the Commission alone is empowered to make a finding that there has been no breach of Article 102 TFEU, even if that article is applied in a procedure undertaken by a national competition authority. | 0 |
866,819 | 148
In such a situation, it is sufficient for the Commission to prove that all or almost all of the capital in the subsidiary is held, directly or indirectly, by the parent company in order to take the view that that presumption takes effect. The parent company then has the burden of rebutting the presumption, by adducing sufficient evidence relating to the organisational, economic and legal links between itself and its subsidiary to show that its subsidiary acts independently on the market. If the parent company fails to rebut the presumption, the Commission will be able to consider the parent and its subsidiary to form part of the same economic unit and to consider the parent to be responsible for the subsidiary’s conduct and it will be able to hold the two companies jointly and severally liable for payment of a fine, without having to establish the personal involvement of the parent company in the infringement (see, to that effect, judgment of 16 June 2016, Evonik Degussa and AlzChem v Commission, C‑155/14 P, EU:C:2016:446, paragraphs 27 and 29 to 32 and the case-law cited). | 45. The Court therefore finds that the scheme at issue in the main proceedings established rules relating to working conditions for the purposes of Article 5(1) of Directive 76/207. | 0 |
866,820 | 49. As the Court has already ruled, the Directive draws a distinction between, on the one hand, those products and, on the other hand, products held for private purposes, in respect of which no document is required (see, to that effect, EMU Tabac and Others , paragraph 23, and Joustra , paragraph 28). | 40. The provisions of those two instruments contain nothing to permit the inference that their scope is limited to fixed-term contracts concluded by workers with employers in the private sector alone ( Adeneler and Others , paragraph 55). | 0 |
866,821 | 53. As the Council has stated in its observations and argued at the hearing, if the contested measure had not directly had the objective of safeguarding public health, it could have come under Article 37 EC, which also confers competence on the Community legislature. Review of the legal basis of Directive 2002/2 does, however, remain relevant for the purpose of verifying whether the procedure for the adoption of that directive was vitiated by any irregularity (see, in this connection, Case C‑491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I‑11453, paragraph 111). | 41
According to the case-law, it is only if the work carried out by a worker, such as the applicant in the main proceedings in the context of several fixed-term employment contracts, does not correspond to that of the permanent workers, that the alleged difference in treatment concerning the award of compensation for termination of a contract of employment would not be contrary to clause 4 of the framework agreement, as that difference in treatment would relate to differing situations (judgment of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 48 and the case-law cited). | 0 |
866,822 | 76. In that regard, the Court has already acknowledged that finality of an administrative decision contributes to legal certainty, with the consequence that EU law does not require that an administrative body be, in principle, under an obligation to reopen an administrative decision which has become final (see, to that effect, Case C-2/06 Kempter [2008] ECR I-411, paragraph 37). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,823 | 21
In this respect, recital 14 of Regulation No 261/2004 states that such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an air carrier (see judgment of 22 December 2008, Wallentin-Hermann, C‑549/07, EU:C:2008:771, paragraph 21). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,824 | 62. In that regard, it should be borne in mind that, first, a tax regime which allows losses incurred by a permanent establishment situated in the territory of the Member State concerned to be taken into account in calculating the profits and taxable income of a resident company to which that establishment belongs constitutes a tax advantage, and, secondly, denial of that advantage where the losses are incurred by a permanent establishment situated in a Member State other than that in which that company is established is liable to deter a resident company from carrying on its business through a permanent establishment situated in another Member State, and, therefore, constitutes a restriction prohibited in principle by the provisions of the Treaty that relate to freedom of establishment (see, to that effect, judgment in Lidl Belgium , C‑414/06, EU:C:2008:278, paragraphs 23 to 26). | 41. The wording both of Article 8(c) of the Agreement and of Article 72 of Regulation No 1408/71 is completely unambiguous. Under Article 8(c) of the Agreement, aggregation includes ‘all periods’ taken into consideration by the national legislation of the countries concerned, while Article 72 of Regulation No 1408/71 requires ‘periods of insurance, employment or self-employment completed in any other Member State’ to be taken into account in the course of aggregation, as if they were periods completed under the legislation of the competent institution. | 0 |
866,825 | 34. That analysis is confirmed by the purpose of that directive. As is apparent from recitals 9, 10 and 12 of that directive, its purpose is to stimulate the creation of data storage and processing systems in order to contribute to the development of an information market against a background of exponential growth in the amount of information generated and processed annually in all sectors of activity (see Case C‑46/02 Fixtures Marketing , cited above, paragraph 33; Case C‑203/02 The British Horseracing Board and Others [2004] ECR I‑10415, paragraph 30; Case C‑338/02 Fixtures Marketing , cited above, paragraph 23; and Case C‑444/02 Fixtures Marketing , cited above, paragraph 39) and not to protect the creation of materials capable of being collected in a database. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,826 | 12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, general and administrative expenses need not necessarily be treated in the same way in both cases. | 54. It is for the national court to assess if, the contractual structure of the transaction notwithstanding, the evidence put before the court discloses the characteristics of a single transaction. | 0 |
866,827 | 34. In that regard it should be observed that the purpose of the exemption of transactions connected with the management of special investment funds is, particularly, to facilitate investment in securities by means of investment undertakings by excluding the cost of VAT and, in that way, ensuring that the common system of VAT is neutral as regards the choice between direct investment in securities and investment through collective investment undertakings (see judgments in JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies , C‑363/05, EU:C:2007:391, paragraph 45; Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 19; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 43). | 76 In the present cases, the medical specialists who are members of the LSV provide, in their capacity as self-employed economic operators, services on a market, namely the market in specialist medical services. They are paid by their patients for the services they provide and assume the financial risks attached to the pursuit of their activity. | 0 |
866,828 | 19 That interpretation, to the effect that the terms `establishment' and `organisation' do not refer only to legal persons, is, in particular, consistent with the principle of fiscal neutrality inherent in the common system of VAT and in compliance with which the exemptions provided for in Article 13 of the Sixth Directive must be applied (see, to that effect, Case C-283/95 Fischer [1998] ECR I-3369, paragraph 27). | 46. Concerning, first, the tax advantage arising from the taxation of revenue from capital of Austrian origin at a reduced rate, it has not in any way been demonstrated that the application of different rates of tax by reference to the origin of the revenue from capital is capable of making financial supervision more effective. | 0 |
866,829 | 81. Situations falling within the material scope of EU law include those involving the exercise of the fundamental freedoms guaranteed by the Treaties, in particular those involving the freedom to move and reside within the territory of the Member States, as conferred by Article 21 TFEU (see, to that effect, Grzelczyk , paragraph 33; D’Hoop , paragraph 29; and Rüffler , paragraph 63 and the case-law cited). | 44. It must be pointed out, in the first place, that, irrespective of its future usefulness, the CDR constitutes written, formal evidence of the quality of the work carried out by the official. Such an appraisal does not merely describe the tasks performed during the relevant period, but also includes an assessment of the personal qualities shown by the individual assessed in the conduct of his professional life. | 0 |
866,830 | 30. In addition, regarding the appellants’ categorisation of the present plea as one concerning a matter of public interest, it must be borne in mind that the sole aim of Article 13 of Regulation No 1430/79 is to enable economic operators, when certain special conditions are satisfied and in the absence of negligence or deception, to be exempted from payment of duties due from them and not to enable them to contest the actual principle of an amount being due (see, in particular, Joined Cases C‑121/91 and C‑122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I‑3873, paragraph 43). It follows that the appellants may properly rely, in relation to the contested decision, only on pleas seeking to show the existence in this case of special circumstances and the absence of negligence or deception on their part, and not on pleas seeking to show that the decisions of the competent national authorities requiring them to pay the duties at issue were unlawful (see CT Control (Rotterdam) and JCT Benelux v Commission , paragraph 44). The Court of First Instance did not therefore have to raise of its own motion a provision which it did not have the jurisdiction to apply. | 25 They are however to be regarded as "services" within the meaning of the Treaty. | 0 |
866,831 | 19. It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the objections formulated by the Commission (see, among others, Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 23; Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 10; and Case C‑185/00 Commission v Finland [2003] ECR I‑14189, paragraph 79). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,832 | 12
It should be observed that, according to settled case-law of the Court, although it is true that the subject-matter of proceedings brought under Article 258 TFEU is circumscribed by the pre-litigation procedure provided for in that provision and, consequently, the Commission’s reasoned opinion and the application must be based on the same complaints, that requirement cannot go so far as to mean that in every case exactly the same wording must be used in each, where the subject-matter of the proceedings has not been extended or altered (see, in particular judgments in Commission v Germany, C‑433/03, EU:C:2005:462, paragraph 28; Commission v Finland, C‑195/04, EU:C:2007:248, paragraph 18; and Commission v Netherlands, C‑576/10, EU:C:2013:510, paragraph 34). | 37 A titre liminaire, il convient de relever que, contrairement à ce que prétendent FCTL et Meatal, il n'y a pas lieu de distinguer la présente affaire de celle qui a été jugée par la Cour dans l'arrêt Anglo Irish Beef Processors International e.a., précité, ni en ce que la force majeure résulterait d'un acte communautaire ni en ce qu'il n'aurait pas existé d'autre marché pour la viande originaire du Royaume-Uni. | 0 |
866,833 | 17. In Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 37, the Court held that it is a principle of Community law that Member States are obliged to make good loss and damage caused to individuals by breaches of Community law for which they can be held responsible. | 11 WHILST THE SECOND STAGE CONSISTS MAINLY OF COMPARISON, AND IS ACCORDINGLY COVERED BY THE SECRECY INHERENT IN THE TASK OF A SELECTION BOARD, THE FIRST, PARTICULARLY WHERE THE COMPETITION IS BASED ON FORMAL QUALIFICATIONS, ENTAILS THE MATCHING OF THE QUALIFICATIONS OFFERED BY THE CANDIDATES AGAINST THE QUALIFICATIONS REQUIRED BY THE NOTICE OF COMPETITION . | 0 |
866,834 | 61. Although the Court ruled that the students in question could be required by the host Member State to demonstrate a certain degree of integration into the society of that State in order to receive a maintenance grant, the fact remains that the Court did so only after finding that the interested parties did not come within the scope of the provisions of EU law relating to freedom of movement for workers, in particular Regulation No 1612/68 (see Bidar , paragraph 29, and Förster , paragraphs 32 and 33). | 7 The Court has consistently held that Member States are obliged to ensure that the provisions of a directive are applied exactly and in full (see, in particular, the judgments in Cases 91/79 and 92/79 Commission v Italy [1980] ECR 1099, at paragraph 6). | 0 |
866,835 | 74. Reliance on the mere temporary nature of the employment of staff of the public authorities does not meet those requirements and is therefore not, of itself, capable of constituting an ‘objective ground’ for the purposes of clause 4(1) of the framework agreement. If the mere temporary nature of an employment relationship were held to be sufficient to justify a difference in treatment as between fixed-term workers and permanent workers, the objectives of Directive 1999/70 and the framework agreement would be rendered meaningless and it would be tantamount to perpetuating a situation that is disadvantageous to fixed-term workers ( Gavieiro Gavieiro and Iglesias Torres , paragraphs 56 and 57, and the order in Montoya Medina , paragraphs 42 and 43). | 24. In respect of the relationship between the first two paragraphs of Article 9 of the Sixth Directive, the Court has already held that Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1) ( Dudda , cited above, paragraph 21, and Linthorst, Pouwels en Scheres , cited above, paragraph 11). | 0 |
866,836 | 23 In paragraph 15 of its judgment in Nunes Tadeu, the Court held that a rule which restricts the reduction in the amount of the tax charged on new cars to 10%, without having regard to the vehicle's actual depreciation, discriminates against imported second-hand cars. It therefore held it incompatible with Article 95 of the Treaty for a Member State to charge on second-hand cars from another Member State a tax which, being calculated without taking the vehicle's actual depreciation into account, exceeds the residual tax incorporated in the value of similar second-hand motor vehicles already registered in the national territory (Nunes Tadeu, paragraph 20). | 15 Consequently, a rule such as that contained in Article 1(4) of the decree-law which restricts the reduction in the amount of the tax charged on new cars to 10% without having regard to the vehicle' s actual depreciation discriminates against imported second-hand cars. | 1 |
866,837 | 7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 30 janvier 2002, Commission/Grèce, C-103/00, Rec. p. I‑1147, point 23, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15). | 27 IN THESE CIRCUMSTANCES AS FAR AS THE INTERESTED PARTIES ARE CONCERNED, THE ISSUE OF OR REFUSAL TO ISSUE THE IMPORT LICENCES MUST BE BOUND UP WITH THIS DECISION . | 0 |
866,838 | 55. Infringement of the right of access to the Commission’s file during the procedure prior to adoption of a decision can, in principle, cause the decision to be annulled if the rights of defence of the undertaking concerned have been infringed ( Limburgse Vinyl Maatschappij and Others v Commission , paragraph 317). | 64IN SO FAR AS THIS POWER HAS BEEN EXERCISED BY THE COMMUNITY , THE PROVISIONS ADOPTED BY IT PRECLUDE ANY CONFLICTING PROVISIONS BY THE MEMBER STATES .
| 0 |
866,839 | 38. It should be recalled, at the outset, that according to the settled case‑law of the Court, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it is part (see Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10; Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23; Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30; and Case C-17/03 VEMW and Others [2005] ECR I-4983, paragraph 41). | 11 With regard to the first point, it is apparent from the documents before the Court that a "reciprocal representation contract", as referred to by the national court, must be taken to mean a contract between two national copyright-management societies concerned with musical works whereby the societies give each other the right to grant, within the territory for which they are responsible, the requisite authorizations for any public performance of copyrighted musical works of the other society and to subject those authorizations to certain conditions, in conformity with the laws applicable in the territory in question . Those conditions include in particular the payment of royalties, which are collected for the other society by the society which it has empowered to act as its agent . The contract specifies that each society is to apply, with respect to works in the other society' s repertoire, the same scales, methods and means of collection and distribution of royalties as those which it applies for works in its own repertoire . | 0 |
866,840 | 11. According to settled case-law of the Court, partial annulment of an EU act is possible only if the elements the annulment of which is sought may be severed from the remainder of the act (see, inter alia, judgment in Commission v Council , C‑29/99, EU:C:2002:734, paragraph 45, and judgment in Commission v Parliament and Council , C‑427/12, EU:C:2014:170, paragraph 16). | 46. Where a company established in a Member State (such as Stanley) pursues the activity of collecting bets through the intermediary of an organisation of agencies established in another Member State (such as the defendants in the main proceedings), any restrictions on the activities of those agencies constitute obstacles to the freedom of establishment. | 0 |
866,841 | 44. Pursuant to Article 300(7) EC (now Article 216(2) TFEU), international agreements concluded by the European Union bind its institutions and consequently prevail over the acts laid down by those institutions (see, to that effect, judgment in Intertanko and Others , EU:C:2008:312, paragraph 42 and the case-law cited). | 35. It must be pointed out that Directive 2003/30 also does not impose any requirements on the Member States in regard to the method of attaining those indicative targets, but leaves them freedom of choice in this regard as to the type of measures to be adopted, thus leaving them a wide discretion to take account, in particular, of the availability of resources and raw materials and of national policies to promote biofuels, as can be seen from recital 20 to the directive. | 0 |
866,842 | 114. However, it is also settled case-law that a Member State is entitled to take measures to prevent certain of its nationals, under cover of freedoms created by the Treaty, from wrongfully evading the application of their national legislation (see, inter alia , in relation to the freedom to provide services Van Binsbergen , paragraph 13; Case C-148/91 Veronica Omroep Organisatie [1993] ECR I-487, paragraph 12; Case C-23/93 TV10 [1994] ECR I-4795, paragraph 21; in relation to freedom of establishment, Case 115/78 Knoors [1979] ECR 399, paragraph 25; Case C-61/89 Bouchoucha [1990] ECR I-3551, paragraph 14; and Case C-212/97 Centros [1999] ECR I-1459, paragraph 24; in relation to social security, Case C-206/94 Paletta [1996] ECR I-2357, paragraph 24; in relation to free movement of workers, Case 39/86 Lair [1988] ECR 3161, paragraph 43; in relation to the common agricultural policy, Case C-8/92 General Milk Products [1993] ECR I-779, paragraph 21; in relation to company law, Case C-367/96 Kefalas and Others [1998] ECR I-2843, paragraph 20). | 50. Il y a lieu, également, de rejeter l’argument de la République hellénique selon lequel la Commission aurait dû attendre l’approbation du plan d’aménagement de la décharge qui a été soumis et ne pas introduire le présent recours, eu égard à son active collaboration avec les services de la Commission. En effet, selon une jurisprudence constante de la Cour, les règles édictées à l’article 258 TFUE doivent trouver application sans que la Commission soit tenue au respect d’un délai déterminé. Celle-ci dispose ainsi du pouvoir d’apprécier à quelle date il peut y avoir lieu d’introduire un recours, et il n’appartient donc pas à la Cour, en principe, de contrôler une telle appréciation (arrêt Commission/Italie, C‑297/08, EU:C:2010:115, point 87 et jurisprudence citée). | 0 |
866,843 | 43
In that respect, it has already been held that the provisions of the NCRF, in particular Article 9(1) of the Framework Directive, Article 5(1) of the Authorisation Directive and Article 4(1) of the Competition Directive, preclude national measures which have the effect of freezing the structures of the national market and protecting the position of national operators already active on that market, by preventing or restricting the access of new operators to that market, unless those measures are justified by objectives of general interest and structured on the basis of objective, transparent, non-discriminatory and proportionate criteria (see, to that effect, judgment of 31 January 2008, Centro Europa 7, C‑380/05, EU:C:2008:59, paragraphs 95 to 107). | 39. When such an entity infringes competition rules, it falls, according to the principle of personal responsibility, to that entity to answer for that infringement (see, to that effect, Case C‑49/92 P Commission v Anic Partecipazioni [1999] ECR I‑4125, paragraph 145, and Case C‑279/98 P Cascades v Commission [2000] ECR I‑9693, paragraph 78). | 0 |
866,844 | 38. It follows from the distinction thus drawn by the EU legislature and from all the specifications made in Articles 26 and 28 of Regulation No 1698/2005 and in recitals 21 and 23 thereto that, in the regulatory context established by that regulation, the term ‘agricultural holdings’ as used in Articles 20(b)(i) and 26 of the regulation should be understood as referring to a holding that is engaged in the production of primary agricultural products (see also, to that effect, as regards earlier legislation relating to the two types of support examined here, Case 107/80 Cattaneo Adorno v Commission EU:C:1981:127, paragraphs 19 and 21). | 36. Finally, it is clear from the Court’s case-law that where, as in the main proceedings, the supply of services in question is characterised, inter alia, by the permanent availability of the service provider to supply, at the appropriate time, the healthcare services required by the residents, it is not necessary, in order to recognise that there is a direct link between that service and the consideration received, to establish that a payment relates to a personalised supply of healthcare at a specific time carried out at the request of a resident (see, to that effect, Kennemer Golf EU:C:2002:200, paragraph 40). | 0 |
866,845 | 28 As is clear from paragraphs 32 to 34 of Kuusijärvi, the purpose of Article 13(2)(f) of Regulation No 1408/71 is precisely to ensure that a person covered by that regulation is always subject to the social security legislation of a Member State. | 97. First, by limiting de facto the number of operators able to broadcast on the market in question, those measures are and/or were likely to hinder the provision of services in the area of television broadcasting. | 0 |
866,846 | 81. The Court has also held that aims that may be considered ‘legitimate’ within the meaning of the first paragraph of Article 6(1) of the Directive and, consequently, appropriate for the purposes of justifying derogation from the principle prohibiting discrimination on grounds of age, are social policy objectives, such as those related to employment policy, the labour market or vocational training (see Case C‑388/07 Age Concern England [2009] ECR I‑1569, paragraph 46, and Case C‑88/08 Hütter [2009] ECR I‑5325, paragraph 41). | 27. La régularité de cette procédure constitue ainsi une garantie essentielle voulue par le traité CE pour assurer la protection des droits de l’État membre en cause. C’est seulement quand cette garantie est respectée que la procédure contradictoire devant la Cour peut permettre à celle-ci de juger si l’État membre a effectivement manqué aux obligations dont la violation est alléguée par la Commission (voir, notamment, arrêts du 5 juin 2003, Commission/Italie, C‑145/01, Rec. p. I‑5581, point 17, et du 8 avril 2008, Commission/Italie, précité, point 20). | 0 |
866,847 | 51. Concerning, secondly, the question whether a group of workers such as that at issue in the main proceedings is sufficiently independent, it is sufficient to note that, in the context of EU legislation on maintaining the rights of workers, the concept of independence refers to the powers, granted to those in charge of the group of workers concerned, to organise, relatively freely and independently, the work within that group and, more particularly, to give instructions and allocate tasks to subordinates within the group, without direct intervention from other organisational structures of the employer (see, in that regard, UGT-FSP , paragraphs 42 and 43). Whilst the presence of a sufficiently autonomous entity is not affected by the fact that the employer imposes precise obligations on that group of workers and thus has an extensive influence on its activities, it is nevertheless necessary that that group possess a certain freedom to organise and carry out its tasks (see, to that effect, Hidalgo and Others , paragraph 27). | 29. In that regard, it should be noted that the Court may, of its own motion, on a proposal from the Advocate General or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of the Rules of Procedure, if it considers that it lacks sufficient information or that the case should be decided on the basis of an argument which has not been discussed between the parties (Case C‑309/99 Wouters and Others [2002] ECR I‑1577, paragraph 42, and Case C-210/03 Swedish Match [2004] ECR I‑11893, paragraph 25). | 0 |
866,848 | 56. In the present case, having regard to that case-law, the Court of First Instance was fully entitled to hold, which indeed is not disputed by any party in these appeal proceedings, that the healthcare professional at issue must be included in the relevant public for the purposes of the application of Article 8(1)(b) of Regulation No 40/94, the function of the trade mark as an indication of origin being also relevant to intermediaries who deal with the goods commercially in so far as it will tend to influence their conduct in the market (see, to that effect, Case C‑371/02 Björnekulla Fruktindustrier [2004] ECR I‑5791, paragraphs 23 and 25). | 27 That interpretation is consistent with the scheme for financing the common agricultural policy, according to which the Community grants production aid in the context of a division of powers with the Member States. The sums corresponding to the aid are placed at the disposal of the Member States who must ensure that they are properly managed and, in particular, determine the conditions for payment of the aid to the beneficiaries by their intervention agencies or authorities. | 0 |
866,849 | 22 In its judgments in Reiff (paragraph 15) and in Delta Schiffahrts- und Speditionsgesellschaft (paragraph 15), the Court, considering similar questions regarding the determination of tariff rates for the long-distance carriage of goods by road and for commercial inland waterways transport in Germany, held that, in order to give a helpful answer to the national court, the first matter which had to be considered was whether the existence of an agreement, decision or concerted practice within the meaning of Article 85 of the Treaty could be inferred from rules such as those in question in the main proceedings. | 18 Lastly, the reason why cable television broadcasting was not covered by Directive 89/552 is that it was not yet very widespread at the time when the directive was adopted. | 0 |
866,850 | 53. Irrespective of the liability of the person designated by the competent authorities to keep stock records for products placed in a customs warehouse, the exporter must therefore bear the consequences of non-compliance with that obligation. In that regard, it must be noted that the exporter is fully at liberty to select his trading partners and it is up to him to take the appropriate precautions, either by including the necessary clauses in the contracts which he concludes with them or by taking out appropriate insurance (Case C-210/00 Käserei Champignon Hofmeister [2002] ECR I‑6453, paragraph 80). | 31. It is common ground that, as recital 15 in the preamble to Directive 2001/29 makes clear, that directive is intended to implement at Community level the Community’s obligations under the CT and the PPT. In those circumstances, the concept of distribution in Article 4(1) of that directive must be interpreted, as far as is possible, in the light of the definitions given in those Treaties. | 0 |
866,851 | 35 Therefore, the right conferred upon the trade mark owner to oppose any use of the trade mark which is liable to impair the guarantee of origin so understood forms part of the specific subject-matter of the trade mark right, the protection of which may justify derogation from the fundamental principle of the free movement of goods (Hoffmann-La Roche, paragraph 7; Pfizer, paragraph 9). | 16 Furthermore, in Joined Cases 25/84 and 26/84 Ford v Commission [1985] ECR 2725, paragraph 21, the Court held that a call by a motor vehicle manufacturer to its authorized dealers did not constitute a unilateral act which fell outside the scope of Article 85(1) of the Treaty but was an agreement within the meaning of that provision if it formed part of a set of continuous business relations governed by a general agreement drawn up in advance. | 0 |
866,852 | 60. It is indeed possible, on the one hand, that a 20-year limitation rule arising from a provision of civil law may appear necessary and proportionate, in particular in the context of disputes between private persons, in light of the objective pursued by that rule and defined by the national legislature (see, by analogy, judgment in Ze Fu Fleischhandel and Vion Trading , EU:C:2011:282, paragraph 41). On the other, in the light of the objective of protecting the European Union’s financial interests, the application of a 10-year limitation period resulting from a provision of civil law of the Member State in question does not run counter to the principle of proportionality (see, to that effect, Corman , EU:C:2010:825, paragraphs 24, 31 and 49). | 36 VIEWED BY ITSELF , THE TAX SYSTEM INTRODUCED BY THE DANISH LEGISLATION CONTAINS INCONTESTABLE DISCRIMINATORY OR PROTECTIVE CHARACTERISTICS . ALTHOUGH IT DOES NOT ESTABLISH ANY FORMAL DISTINCTION ACCORDING TO THE ORIGIN OF THE PRODUCTS , IT HAS BEEN ADJUSTED SO THAT THE BULK OF THE DOMESTIC PRODUCTION OF SPIRITS COMES WITHIN THE MOST FAVOURABLE TAX CATEGORY WHEREAS ALMOST ALL IMPORTED PRODUCTS COME WITHIN THE MOST HEAVILY TAXED CATEGORY . THESE CHARACTERISTICS OF THE SYSTEM ARE NOT OBLITERATED BY THE FACT THAT A VERY SMALL FRACTION OF IMPORTED SPIRITS BENEFITS FROM THE MOST FAVOURABLE RATE OF TAX WHEREAS , CONVERSELY , A CERTAIN PROPORTION OF DOMESTIC PRODUCTION COMES WITHIN THE SAME TAX CATEGORY AS IMPORTED SPIRITS . IT THEREFORE APPEARS THAT THE TAX SYSTEM IS DEVISED SO THAT IT LARGELY BENEFITS A TYPICAL DOMESTIC PRODUCT AND HANDICAPS IMPORTED SPIRITS TO THE SAME EXTENT .
| 0 |
866,853 | 134. The essence of effective judicial protection must be that it should enable the person concerned to obtain a declaration from a court, by means of a judgment ordering annulment whereby the contested measure is retroactively erased from the legal order and is deemed never to have existed, that the listing of his name, or the continued listing of his name, on the list concerned was vitiated by illegality, the recognition of which may re‑establish the reputation of that person or constitute for him a form of reparation for the non-material harm he has suffered (see, to that effect, Abdulrahim v Council and Commission , paragraphs 67 to 84).
– The errors of law affecting the judgment under appeal | 73. Contrary to what is claimed by the appellants, the invoicing of ‘negative prices’, in other words prices below cost prices, to customers is not a prerequisite of a finding that a retroactive rebates scheme operated by a dominant undertaking is abusive. | 0 |
866,854 | 25
In that regard, it must be recalled, first of all, that the requirement for the contracting authority to observe the principle of equal treatment of tenderers which has the aim of promoting the development of healthy and effective competition between undertakings taking part in a public procurement procedure (see, inter alia, judgments of 29 April 2004, Commission v CAS Succhi di Frutta, C‑496/99 P, EU:C:2004:236, paragraph 110, and of 12 March 2015, eVigilo, C‑538/13, EU:C:2015:166, paragraph 33) and which lies at the very heart of the EU rules on public procurement procedures (see, inter alia, judgments of 22 June 1993, Commission v Denmark, C‑243/89, EU:C:1993:257, paragraph 33; of 25 April 1996, Commission v Belgium, C‑87/94, EU:C:1996:161, paragraph 51; and of 18 October 2001, SIAC Construction, C‑19/00, EU:C:2001:553, paragraph 33) means, inter alia, that tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the contracting authority (see judgments of 16 December 2008, Michaniki, C‑213/07, EU:C:2008:731, paragraph 45, and of 24 May 2016, MT Højgaard and Züblin, C‑396/14, EU:C:2016:347, paragraph 37). | 42. Consequently, the Italian Government cannot complain that the Commission has extended or altered the subject-matter of the action as defined by the pre-litigation procedure. | 0 |
866,855 | 17. Freedom of establishment, which Article 52 of the EC Treaty confers on Community nationals and which includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, entails, in accordance with Article 58 of the EC Treaty, for companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Community, the right to exercise their activity in the Member State concerned through a subsidiary, a branch or an agency (Case C‑307/97 Saint Gobain [1999] ECR I-6161, paragraph 35, Case C-446/03 Marks & Spencer [2005] ECR I-10837, paragraph 30, and Case C‑471/04 Keller Holding [2006] ECR I-0000, paragraph 29). | 46. As the wording of Article 13(1) of Regulation No 40/94 is, in essence, identical to that of Article 7(1) of Directive 89/104, except for the definition of the territory in which the good are to be put on the market, a point which is however irrelevant to a situation such as that in the main proceedings, and as there are no other contextual factors or factors linked to the purpose of the provisions requiring them to be interpreted differently, the interpretation in this judgment of Article 7(1) of Directive 89/104 for the purpose of replying to the question for a preliminary ruling referred applies equally for Article 13(1) of Regulation No 40/94. | 0 |
866,856 | 37
The Court has already held that a tax regime under which second-hand vehicles which were subject to such taxes which are incompatible with EU law will be exempt from a fresh tax — in the present case, the environmental stamp duty — is incompatible with Article 110 TFEU (see, to that effect, judgment in 14 April 2015 in Manea, C‑76/14, EU:C:2015:216, paragraph 47 to 51). | 34. As the list of ‘direct investments’ in the first section of that nomenclature and the relative explanatory notes show, the concept of direct investments concerns investments of any kind undertaken by natural or legal persons and which serve to establish or maintain lasting and direct links between the persons providing the capital and the undertakings to which that capital is made available in order to carry out an economic activity (see, to that effect, Test Claimants in the FII Group Litigation , paragraphs 180 and 181). | 0 |
866,857 | 29. Furthermore, the Court has already held that where a Member State has a system for preventing or mitigating a series of charges to tax or economic double taxation for dividends paid to residents by resident companies, it must treat dividends paid to residents by non-resident companies in the same way (see, to that effect, Case C-315/02 Lenz [2004] ECR I-7063, paragraphs 27 to 49; Manninen , paragraphs 29 to 55, and Case C-374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I-11673, paragraph 55). | 29. The Court has previously pointed out that the choice as to the number of comparisons which the advertiser wishes to make between the products which he is offering and those offered by his competitors falls within the exercise of his economic freedom ( Pippig Augenoptik , paragraph 81). | 0 |
866,858 | 16 It is settled case-law that a measure dealing with customs duties but not expressly mentioning charges having equivalent effect may be understood as being intended also to refer to such charges (see, in particular, Case C-260/90 Leplat v Territory of French Polynesia [1992] ECR I-643, paragraph 15). | 11. According to Article L-311-1 of that code, ‘any foreign national aged over 18 years wishing to stay in France must, after the expiry of a period of three months from his entry into France, hold a residence permit’. | 0 |
866,859 | 64
It must be recalled that the Member States must employ means which, whilst enabling them effectively to attain the objective pursued by their domestic laws, are the least detrimental to the objectives and the principles laid down by the relevant EU legislation (see, to that effect, judgments of 18 December 1997, Molenheide and Others, C‑286/94, C‑340/95, C‑401/95 and C‑47/96, EU:C:1997:623, paragraph 46, and of 22 October 2015, Impresa Edilux and SICEF, C‑425/14, EU:C:2015:721, paragraph 29 and the case-law cited). The case-law of the Court states in that regard that, when there is a choice between several appropriate measures, recourse must be had to the least onerous, and the disadvantages caused must not be disproportionate to the aims pursued (judgments of 12 July 2001, Jippes and Others, C‑189/01, EU:C:2001:420, paragraph 81, and of 9 March 2010, ERG and Others, C‑379/08 and C‑380/08, EU:C:2010:127, paragraph 86). | 21 It is clear from that provision that the three conditions set out therein are cumulative. | 0 |
866,860 | 58. As regards Article 13A(1)(b) of the Sixth Directive, it is clear from the Court’s settled case-law that that provision covers duly recognised establishments pursuing social purposes, such as the protection of human health (see, to that effect, Dornier , paragraph 47). | 75. Finally, it must be recalled that, as may be seen from recital 2 in the preamble to Directive 2003/86, the directive respects the fundamental rights and observes the principles enshrined in the Charter. | 0 |
866,861 | 18. It must be added that, according to equally settled case-law, a Member State may not rely on provisions, practices or circumstances in its internal legal order to justify failure to comply with the obligations and time-limits laid down by a directive (see, inter alia , Case C-276/98 Commission v Portugal [2001] ECR I-1699, paragraph 20, and Case C-114/02 Commission v France , cited above, paragraph 11). | 59. In this connection, the French Government’s argument that the decrease in inspections is justified by the improved discipline of fishermen cannot be upheld either. | 0 |
866,862 | 21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the advantages in the field of social security guaranteed to them by the laws of an individual Member State . However, as the Court held in its judgments of 24 April 1980 in Case 110/79 Coonan v Insurance Officer (( 1980 )) ECR 1445, paragraph 12 and of 24 September 1987 in Case 43/86 Sociale Verzekeringsbank v de Rijke (( 1987 )) ECR 3611, paragraph 12, it is for the legislature of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, provided always that in this connection there is no discrimination between nationals of the host State and nationals of other Member States . The documents before the Court make it clear that the provisions of national legislation which gave rise to the main proceedings do not operate any discrimination on the basis of nationality . | 134. As is clear from the wording of Article 108 EC, the outside influences from which that provision seeks to shield the ECB and its decision-making bodies are those likely to interfere with the performance of the "tasks" which the EC Treaty and the ESCB Statute assign to the ECB. As the Advocate General has pointed out at paragraphs 150 and 155 of his Opinion, Article 108 EC seeks, in essence, to shield the ECB from all political pressure in order to enable it effectively to pursue the objectives attributed to its tasks, through the independent exercise of the specific powers conferred on it for that purpose by the EC Treaty and the ESCB Statute. | 0 |
866,863 | 56. Moreover, it follows from the Court’s case-law, first, that failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual, such as a failure by the Commission to take the contested decision within the time-limit defined by the EU legislature, constitutes an infringement of essential procedural requirements (see judgments in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49; Spain v Commission , C‑192/13 P, EU:C:2014:2156, paragraph 103; and Spain v Commission , C‑197/13 P, EU:C:2014:2157, paragraph 103), and, secondly, that if the Court of the European Union finds, on examining the act at issue, that it was not regularly adopted, it must draw the necessary conclusions from the infringement of an essential procedural requirement and, consequently, annul the act vitiated by that defect (see judgments in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51; Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55; Spain v Commission , C‑192/13 P, EU:C:2014:2156, paragraph 103; and Spain v Commission , C‑197/13 P, EU:C:2014:2157, paragraph 103). | 43. To answer this part of the question, it must first be determined whether Regulation No 1191/69 imposes binding rules which the Member States must comply with when they consider imposing public service obligations in the land transport sector. | 0 |
866,864 | 41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51). | 24 Thus, the register kept by the Federation is in no way an exhaustive catalogue of the medicinal products covered by the sickness insurance scheme but constitutes a working tool for the use of doctors enabling them to determine the medicinal products whose cost is borne by the social security system without prior authorisation. | 0 |
866,865 | 15. Thus, national tax law provisions must avoid any overt or covert discrimination on the basis of nationality (see, in particular, Wielockx , paragraph 16, and Case C-385/00 De Groot [2002] ECR I-11819, paragraph 75). | 47. Il convient d’ajouter que la circonstance, invoquée par la République italienne, selon laquelle le cas d’espèce constitue le premier dans lequel une récupération d’aides déclarées illégales et incompatibles avec le marché intérieur par une décision de la Commission doit être précédée d’une analyse au cas par cas, par l’État membre concerné, du point de savoir si l’aide est de nature à affecter les échanges entre les États membres et à fausser la concurrence, à la supposer établie, n’est, en tout état de cause, pas de nature à réduire l’intérêt s’attachant à la récupération des aides en cause, dès lors que l’incompatibilité avec le marché intérieur du régime dans le cadre duquel ces aides ont été octroyées a été constatée dans la décision litigieuse (voir, par analogie, arrêt Commission/Espagne, C‑184/11, EU:C:2014:316, point 72). | 0 |
866,866 | 9AS TO THE SECOND QUESTION , IN ITS AFORESAID JUDGMENT OF 16 MARCH 1978 IN CASE 117/77 THE COURT HELD THAT , ' ' THE DUTY LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 22 ( 2 ) TO GRANT THE AUTHORIZATION REQUIRED UNDER ARTICLE 22 ( 1 ) ( C ) COVERS BOTH CASES WHERE THE TREATMENT PROVIDED IN ANOTHER MEMBER STATE IS MORE EFFECTIVE THAN THAT WHICH THE PERSON CONCERNED CAN RECEIVE IN THE MEMBER STATE WHERE HE RESIDES AND THOSE IN WHICH THE TREATMENT IN QUESTION CANNOT BE PROVIDED ON THE TERRITORY OF THE LATTER STATE ' ' .
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All measures which prohibit, impede or render less attractive the exercise of the freedom must be considered to be restrictions on freedom of establishment (judgment of 21 May 2015, Verder LabTec, C‑657/13, EU:C:2015:331, paragraph 34 and the case-law cited). | 0 |
866,867 | 70 That latter provision corresponds essentially to the final sentence of Article 93(3) of the EC Treaty, according to which the Member State concerned cannot put planned aid measures into effect before the procedure has resulted in a final Commission decision. This provision of the EC Treaty has direct effect and produces rights in favour of individuals which the national courts are required to protect (see, for example, Case 120/73 Lorenz [1973] ECR 1471, paragraph 8). The first sentence of Article 9(4) of Decision No 3632/93 must therefore be recognised as having the same effect. | 40 It should be recalled in that respect that, save for the specific situation of vehicles which are imported into the Community temporarily and motor vehicles intended exclusively for the road transport of goods with an authorised load of 12 tonnes or more, which are not at issue in the main proceedings, the taxation of motor vehicles has not been harmonised and differs considerably from one Member State to another. Member States are therefore free to exercise their powers of taxation in that area, provided they do so in compliance with Community law. It is lawful for them to allocate those powers of taxation amongst themselves on the basis of criteria such as the territory in which a vehicle is actually used or the residence of the driver, which are various components of the territoriality principle, and to conclude agreements amongst themselves to ensure that a vehicle is subject to indirect taxation in only one of the signatory States. | 0 |
866,868 | 35. It should be noted that the Court has already acknowledged that the need to maintain the coherence of a tax system can justify a restriction on the exercise of the fundamental freedoms guaranteed by the EC Treaty (see Case C‑418/07 Papillon [2008] ECR I‑8947, paragraph 43, and Dijkman and Dijkman-Lavaleije , paragraph 54). | 31 In contrast, if the taxable person has chosen to retain a capital item wholly within his private assets and was therefore not entitled to deduct the input VAT paid on the acquisition, the use of the item for his business purposes cannot be subject to VAT. | 0 |
866,869 | 120. According to case-law, where a number of legal persons may be held personally liable for participation in an infringement of the European Union’s competition rules because they form part of a single undertaking responsible for the infringement, the Commission has the power, under Article 23(2) of Regulation No 1/2003 to impose a fine for which those persons are jointly and severally liable (see, to that effect, Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission , paragraphs 39 to 51). | 43. The questions referred by the national court must be examined in the light of those principles. | 0 |
866,870 | 28 It is to be noted, at the outset, that the provisions of the Treaty relating to the freedom to provide services, and the rules adopted for their implementation, are not applicable to situations which do not present any link to any of the situations envisaged by Community law (see, to that effect, among others, Case C-97/98 Jägerskiöld [1999] ECR I-7319, paragraphs 42 to 45). | 29 AN AGREEMENT EXTENDING OVER THE WHOLE OF THE TERRITORY OF A MEMBER STATE BY ITS VERY NATURE HAS THE EFFECT OF REINFORCING THE COMPARTMENTALIZATION OF MARKETS ON A NATIONAL BASIS, THEREBY HOLDING UP THE ECONOMIC INTERPENETRATION WHICH THE TREATY IS DESIGNED TO BRING ABOUT AND PROTECTING DOMESTIC PRODUCTION . | 0 |
866,871 | 66. Various factors, set out in paragraphs 291 to 327 of the Kadi judgment, were advanced in support of the position stated by the Court in that judgment, and there has been no change in those factors which could justify reconsideration of that position, those factors being, essentially, bound up with the constitutional guarantee which is exercised, in a Union based on the rule of law (see Case C‑550/09 E and F [2010] ECR I‑6213, paragraph 44, and the judgment of 26 June 2012 in Case C‑335/09 P Poland v Commission [2012] ECR I‑0000, paragraph 48), by judicial review of the lawfulness of all European Union measures, including those which, as in the present case, implement an international law measure, in the light of the fundamental rights guaranteed by the European Union. | 10. Il convient d’observer, à cet égard, que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient ainsi être pris en compte par la Cour (voir, notamment, arrêts du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et du 12 mars 2009, Commission/Luxembourg, C‑289/08, point 7). | 0 |
866,872 | 75 As regards, third, fulfilment of the obligations to draw up waste disposal plans and to draw up, and keep up to date, plans for the disposal of toxic and dangerous waste, imposed by Article 6 of Directive 75/442 and Article 12 of Directive 78/319 respectively, it is settled case-law that incomplete practical measures or fragmentary legislation cannot discharge the obligation of a Member State to draw up a comprehensive programme with a view to attaining certain objectives (Case C-298/97 Commission v Spain [1998] ECR I-3301, paragraph 16). | 6 On 21 October 1996 the Commission sent a reasoned opinion to the Kingdom of Spain to the effect that the latter had failed to fulfil its obligations under Article 6 of the Directive. | 1 |
866,873 | 20. In a situation such as that in the main proceedings, such an interpretation would mean that the determination of the court having jurisdiction would depend on matters that were uncertain, such as the place where the victim’s ‘assets are concentrated’ and would thus run counter to the strengthening of the legal protection of persons established in the Community which, by enabling the claimant to identify easily the court in which he may sue and the defendant reasonably to foresee in which court he may be sued, is one of the objectives of the Convention (see Case C-256/00 Besix [2002] ECR I-1699, paragraphs 25 and 26, and DFDS Torline, paragraph 36). Furthermore, it would be liable in most cases to give jurisdiction to the courts of the place in which the claimant was domiciled. As the Court found at paragraph 14 of this judgment, the Convention does not favour that solution except in cases where it expressly so provides. | 24 Legislation of the kind at issue in the main proceedings is not such as to preclude or deter a worker from ending his contract of employment in order to take a job with another employer, because the entitlement to compensation on termination of employment is not dependent on the worker's choosing whether or not to stay with his current employer but on a future and hypothetical event, namely the subsequent termination of his contract without such termination being at his own initiative or attributable to him. | 0 |
866,874 | 73. In order to answer the first question in Case C‑203/11, it is necessary to provide the referring court with guidance on interpretation in order to enable it to determine whether the measures described in paragraphs 71 and 72 above may be classified as State aid in accordance with Article 107(1) TFEU (Case C‑140/09 Fallimento Traghetti del Mediterraneo [2010] ECR I‑5243, paragraphs 23 and 24). | 48 For such a consequence to arise from a breach of the obligations laid down by Directive 83/189, an express provision to this effect is not required. As pointed out above, it is undisputed that the aim of the directive is to protect freedom of movement for goods by means of preventive control and that the obligation to notify is essential for achieving such Community control. The effectiveness of Community control will be that much greater if the directive is interpreted as meaning that breach of the obligation to notify constitutes a substantial procedural defect such as to render the technical regulations in question inapplicable to individuals. | 0 |
866,875 | 75. With regard to the substance, it is settled case-law that the conduct of a subsidiary may be imputed to the parent company in particular where, although having a separate legal personality, that subsidiary does not decide independently upon its own conduct on the market, but carries out, in all material respects, the instructions given to it by the parent company, having regard in particular to the economic, organisational and legal links between those two legal entities (judgments in Akzo Nobel and Others v Commission , C‑97/08 P, EU:C:2009:536, paragraph 58; Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , C‑628/10 P and C‑14/11 P, EU:C:2012:479, paragraph 43; and Areva and Others v Commission , C‑247/11 P and C‑253/11 P, EU:C:2014:257, paragraph 30). | 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 |
866,876 | 56. According to settled case‑law, in order to prevent the protection which is afforded to the proprietor varying from one Member State to another, the Court must give a uniform interpretation to Article 5(1) of Directive 89/104, in particular the term ‘use’ which appears there (Case C‑206/01 Arsenal Football Club [2002] ECR I‑10273, paragraph 45; Adam Opel , paragraph 17; and Case C‑17/06 Céline [2007] ECR I‑7041, paragraph 15). | 41. Par ailleurs, et en tout état de cause, un État membre ne saurait exciper de dispositions, pratiques ou situations de son ordre juridique interne pour justifier l’inobservation des obligations résultant du droit de l’Union (voir, notamment, arrêts du 10 avril 2003, Commission/France, C‑114/02, Rec. p. I‑3783, point 11, et du 23 avril 2009, Commission/Espagne, C‑321/08, point 9). | 0 |
866,877 | 46. Likewise, a Turkish worker does not fulfil the requirement of having been engaged in legal employment in the host Member State where he was employed on the basis of a right of residence conferred on him only by the operation of national legislation permitting provisional residence in that State pending completion of the procedure for the grant of a residence permit (see, to that effect, Case C‑192/89 Sevince [1990] ECR I‑3461, paragraph 31, and Kus , paragraph 18). | 78. However, in order for such rules to comply with the principle of proportionality, it must be ascertained not only whether the means which they employ are suitable for the purpose of attaining the desired objectives but also whether those means do not go beyond what is necessary for that purpose (see Case C-284/95 Safety Hi-Tech [1998] ECR I-4301, paragraph 57). | 0 |
866,878 | 88 In this regard the Court reiterates that the Member States must have mutual trust in each other as far as controls carried out on their respective territories are concerned (judgments in Case 46/76 Bauhuis [1977] ECR 5, paragraph 22, and Hedley Lomas, cited above, paragraph 19). | 84. En l’espèce, la requérante n’a fourni à la Cour aucun indice de nature à laisser apparaître que le non-respect, par le Tribunal, d’un délai de jugement raisonnable a pu avoir une incidence sur la solution du litige dont ce dernier était saisi. | 0 |
866,879 | 70. Secondly, according to the settled case-law of the Court, the definition of establishment within the meaning of those articles of the Treaty involves the actual pursuit of an economic activity through a fixed establishment in another Member State for an indefinite period and registration of a vessel cannot be separated from the exercise of the freedom of establishment where the vessel serves as a vehicle for the pursuit of an economic activity that includes fixed establishment in the State of registration (Case C‑221/89 Factortame and Others [1991] ECR I‑3905, paragraphs 20 to 22). | 52. S’agissant, en particulier, des effets juridiques obligatoires d’une décision d’ouvrir la procédure prévue à l’article 88, paragraphe 2, CE à l’égard d’une mesure en cours d’exécution et qualifiée d’aide nouvelle, une telle décision modifie nécessairement la situation juridique de la mesure considérée, ainsi que celle des entreprises qui en sont bénéficiaires, notamment en ce qui concerne la poursuite de sa mise en œuvre. Après l’adoption d’une telle décision, il existe à tout le moins un doute important sur la légalité de cette mesure qui doit conduire l’État membre à en suspendre le versement, dès lors que l’ouverture de la procédure prévue à l’article 88, paragraphe 2, CE exclut une décision immédiate concluant à la compatibilité avec le marché commun qui permettrait de poursuivre régulièrement l’exécution de ladite mesure. Une telle décision pourrait être invoquée devant un juge national appelé à tirer toutes les conséquences découlant de la violation de l’article 88, paragraphe 3, dernière phrase, CE. Enfin, elle est susceptible de conduire les entreprises bénéficiaires de la mesure à refuser en tout état de cause de nouveaux versements ou à provisionner les sommes nécessaires à d’éventuels remboursements ultérieurs. Les milieux d’affaires tiendront également compte, dans leurs relations avec lesdits bénéficiaires, de la situation juridique et financière fragilisée de ces derniers (voir arrêt du 9 octobre 2001, Italie/Commission, C‑400/99, Rec. p. I‑7303, point 59). | 0 |
866,880 | 54 In view of the fact that the Court's case-law in this respect underlines the part played by natural or legal persons in the administrative procedure (see to that effect Case 264/82 Timex v Council and Commission [1985] ECR 849, and Cofaz and Others, paragraph 24), it should be noted, first, that the applicant companies submitted observations in the administrative procedure before the Commission, which took those observations into account for the purposes of the contested decision. In particular, the documents in the case show that in response to the concerns expressed by the applicant companies, the Commission decided not to make the commitment of the parties to the concentration relating to Potacan a formal condition for the concentration to be compatible with the common market. | 24 IT SHOULD BE STATED IN THIS REGARD THAT THE AIM OF ARTICLE 7 ( 4 ) ( A ) OF REGULATION NO 3017/79 IS TO ENSURE THAT THE TRADERS OR MANUFACTURERS CONCERNED MAY INSPECT THE INFORMATION GATHERED BY THE COMMISSION DURING THE INVESTIGATION SO THAT THEY MAY EFFECTIVELY PUT FORWARD THEIR POINTS OF VIEW . HOWEVER , THE PROTECTION OF RIGHTS GUARANTEED BY THAT PROVISION MUST WHERE NECESSARY BE RECONCILED WITH THE PRINCIPLE OF CONFIDENTIALITY , WHICH IS GIVEN GENERAL RECOGNITION IN ARTICLE 214 OF THE EEC TREATY , AND WHICH , AS FAR AS THE PROCEDURE UNDER REGULATION NO 3017/79 IS CONCERNED , IS SPECIFICALLY LAID DOWN IN ARTICLE 8 OF THAT REGULATION .
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866,881 | 35. It follows from the second paragraph of the preamble to the Framework Agreement, from paragraphs 6 and 8 of the general considerations thereof and from the case-law of the Court that the benefit of stable employment is viewed as a major element in the protection of workers, whereas it is only in certain circumstances that fixed-term employment contracts are liable to respond to the needs of both employers and workers ( Mangold , paragraph 64, and Adeneler and Others , paragraph 62). | 25 However, Community legislative practice shows that there may be great differences in the types of obligations which directives impose on the Member States and therefore in the results which must be achieved. | 0 |
866,882 | 31. Although, by virtue of their wording, the two questions referred to the Court concern solely the direct effect of the first paragraph of Article 3 of Directive 80/987, it is important to recall – as regards the period falling between the date of the entry into force of Directive 2002/74 and the deadline for transposition of that directive – that, where national rules fall within the scope of Community law, and reference is made to the Court for a preliminary ruling, the Court must provide all the interpretative criteria needed by the national court for the purposes of determining whether those rules are compatible with the fundamental rights the observance of which the Court ensures (see, to that effect, Case C-442/00 Rodríguez Caballero [2002] ECR I-11915, paragraph 31 and the case-law cited, and Case C-276/01 Steffensen [2003] ECR I‑3735, paragraph 70). | 64. It follows that, on the date on which the period expired, the Republic of Poland had not provided the documents enabling the Commission to conclude that TBG was insolvent and had definitively and completely ceased its activity, so that the mere registration of the debts relating to the repayment of the aid in the schedule of liabilities of those companies in the group could suffice in order to comply with Decision 2008/344. | 0 |
866,883 | 79 Under the Court's case-law, the right to property forms part of the general principles of Community law. Those principles are not absolute, however, but must be viewed in relation to their social purpose. Consequently, the exercise of the right to property may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute disproportionate and unacceptable interference, impairing the very substance of the right guaranteed (see, in particular, the judgment in SAM Schiffahrt and Stapf v Germany, cited above, and Case C-200/96 Metronome Musik [1998] ECR I-1953, paragraph 21). | 54. From that perspective, the requirement to pass a civic integration examination at a basic level is capable of ensuring that the nationals of third countries acquire knowledge which is undeniably useful for establishing connections with the host Member State. | 0 |
866,884 | 69
In that regard, it should be pointed out that Framework Decision 2002/584 seeks, by the establishment of a simplified and effective system for the surrender of persons convicted or accused of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the objective set for the European Union to become an area of freedom, security and justice, founded on the high level of trust which should exist between the Member States in accordance with the principle of mutual recognition (see, to that effect, judgments of 26 February 2013, Melloni, C‑399/11, EU:C:2013:107, paragraphs 36 and 37, and of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraphs 75 and 76). | 24 The public amongst which the earlier trade mark must have acquired a reputation is that concerned by that trade mark, that is to say, depending on the product or service marketed, either the public at large or a more specialised public, for example traders in a specific sector. | 0 |
866,885 | 51. First of all, it should be noted that, as the Court held in paragraph 63 of Placanica and Others , it is for the national legal order to lay down detailed procedural rules to ensure the protection of the rights of operators unlawfully excluded from the first tendering procedure, provided, however, that those detailed rules are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not make it excessively difficult or impossible in practice to exercise the rights conferred by EU law (principle of effectiveness). | 72. Second, where the consideration of such elements leads to the conclusion that the transaction in question goes beyond what the companies concerned would have agreed under fully competitive conditions, the corrective tax measure must be confined to the part which exceeds what would have been agreed if the companies did not have a relationship of interdependence. | 0 |
866,886 | 56. In the context of a situation characterised by the complete refusal to cooperate with the circumvention investigation, the EU institutions were entitled to act on the basis of the evidence available in order to find the existence of a practice, process or work in Thailand aiming solely at the circumvention of the anti-dumping duty affecting imports originating in China. In those circumstances, it was for the parties concerned to prove that there were reasonable grounds justifying those activities, other than avoiding that anti-dumping duty (see, by analogy, the judgment in Brother International , C‑26/88, EU:C:1989:637, paragraph 29). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,887 | 26. It must moreover be emphasised that the issue raised in the case in the main proceedings does not appear to be a situation in which all the components are wholly confined to one Member State. Indeed, it has been established that the marble tax is imposed on all marble from Carrara that crosses that municipality’s territorial boundaries, no distinction being made between marble the final destination of which is in Italy and marble destined for other Member States. By its nature and terms, the marble tax therefore impinges on trade between Member States (see Lancry and Others , paragraph 30; see, to the same effect, with regard to measures having effect equivalent to a quantitative restriction, Case 286/81 Oosthoek’s Uitgeversmaatchaapij [1982] ECR 4575, paragraph 9; Joined Cases C-277/91, C-318/91 and C-319/91 Ligur Carni and Others [1993] ECR I-6621, paragraphs 36 and 37; Case C-254/98 TK-Heimdienst [2000] ECR I-151, paragraphs 27 to 31; and Case C-448/98 Guimont [2000] ECR I-10663, paragraphs 21 to 23). | 40. It follows, next, from the second subparagraph of Article 23(1) of Directive 2008/50 that where the limit values for nitrogen dioxide are exceeded after the deadline laid down for their attainment, the Member State concerned is required to establish an air quality plan that meets certain requirements. | 0 |
866,888 | 35
In accordance with Article 48(2) of the Rules of Procedure of the General Court in the version in force at the date of the judgment under appeal, 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. An argument which does not expand upon an argument raised previously, whether directly or by implication, in the original application and which is not closely connected with that previous argument must be regarded as a new plea (see, to that effect, judgment of 12 November 2009, SGL Carbon v Commission, C‑564/08 P, not published, EU:C:2009:703, paragraphs 20 to 34, and of 16 December 2010, AceaElectrabel Produzione v Commission, C‑480/09 P, EU:C:2010:787, paragraph 111). | 26. Even if the national provision at issue in the main proceedings does essentially pursue the maintenance of pluralism of the press in Austria, it is important to note that the possibility of Member States maintaining or establishing in their territory measures which have as their aim or effect the classification of commercial practices as unfair on grounds relating to maintenance of the pluralism of the press does not appear amongst the derogations from the scope of the Directive set out in the sixth and ninth recitals and in Article 3 thereof. | 0 |
866,889 | 63
Furthermore, it should be noted that the Court has previously held that the imposition of a system of strict liability is not disproportionate in relation to the objectives pursued if that system is such as to encourage the persons concerned to comply with the provisions of a regulation and where the objective pursued is a matter of public interest that may justify the introduction of such a system (judgment of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraph 48). | 12 IN FACT, IF A PATENTEE COULD PREVENT THE IMPORT OF PROTECTED PRODUCTS MARKETED BY HIM OR WITH HIS CONSENT IN ANOTHER MEMBER STATE, HE WOULD BE ABLE TO PARTITION OFF NATIONAL MARKETS AND THEREBY RESTRICT TRADE BETWEEN MEMBER STATES, IN A SITUATION WHERE NO SUCH RESTRICTION WAS NECESSARY TO GUARANTEE THE ESSENCE OF THE EXCLUSIVE RIGHTS FLOWING FROM THE PARALLEL PATENTS . | 0 |
866,890 | 9 It should be observed first of all that the freedom of establishment conferred by Article 52 of the Treaty on the nationals of a Member State, giving them the right to take up activities as self-employed persons and pursue them on the same conditions as those laid down by the law of the Member State of establishment for its own nationals, comprises, pursuant to Article 58 of the Treaty, for companies constituted in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community, the right to carry on business in the Member State concerned through a branch, agency or subsidiary (see Case C-1/93 Halliburton Services v Staatssecretaris van Financiën [1994] ECR I-1137, paragraph 14). | 36. The decisive criterion for the customs classification of goods under the common customs tariff must be sought in the objective characteristics and properties of the products at the time of their presentation for customs clearance. The objective characteristics and properties of products must be capable of being assessed at the time of customs clearance ( Foods Import , C‑38/95, EU:C:1996:488, paragraph 17, and Medion and Canon Deutschland EU:C:2007:553, paragraph 36). | 0 |
866,891 | 17. Directive 2003/88 treats entitlement to annual leave and to a payment on that account as being two aspects of a single right. The purpose of providing payment for that leave is to put the worker, during such leave, in a position which is, as regards his salary, comparable to periods of work (see Robinson-Steele and Others EU:C:2006:177, paragraph 58, and Schultz-Hoff and Others EU:C:2009:18, paragraph 60). | 56. The Commission’s argument cannot be upheld. | 0 |
866,892 | 34. La Poste is entrusted with a service of general economic interest within the meaning of Article 90(2) of the EC Treaty (now Article 86(2) EC) (see Case C-320/91 Corbeau [1993] ECR I-2533, paragraph 15). Such a service essentially consists in the obligation to collect, carry and deliver mail for the benefit of all users throughout the territory of the Member State concerned, at uniform tariffs and on similar conditions as to quality. | 55
In that regard, it should be noted that the Court clearly stated, in paragraph 35 of the judgment of 7 May 2009 in Siebrand (C‑150/08, EU:C:2009:294), that, in determining the essential character of a product for the purposes of rule 3(b) of the CN, a number of objective characteristics and properties may be taken into account. Thus, it assessed the contribution of the distilled alcohol contained in the products in question to the volume and alcohol content of those products. Then, in paragraphs 36 and 37 of that judgment, the Court examined the organoleptic characteristics of those products as well as, in paragraph 38, their intended use, arriving, in paragraph 39, at a solution based on a global assessment of those three criteria. | 0 |
866,893 | 17 In the same judgment, the Court also rejected the argument that a maker of a film who has offered the video-cassette of that film for sale in a Member State whose legislation confers on him no exclusive right of hiring it out must accept the consequences of his choice and the exhaustion of his right to restrain the hiring-out of that video-cassette in any other Member State. Where national legislation confers on authors a specific right to hire out video-cassettes, that right would be rendered worthless if its owner were not in a position to authorise the operations for doing so (paragraphs 17 and 18). | 15 However, it is apparent that, by authorizing the collection of royalties only on sales to private individuals and to persons hiring out video-cassettes, it is impossible to guarantee to makers of films a remuneration which reflects the number of occasions on which the video-cassettes are actually hired out and which secures for them a satisfactory share of the rental market . That explains why, as the Commission points out in its observations, certain national laws have recently provided specific protection of the right to hire out video-cassettes . | 1 |
866,894 | 90. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from well established case‑law that the purpose of the legislation concerned must be taken into consideration (Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraphs 37 and 38; Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I‑2107, paragraphs 26 to 34; Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 34; and Accor , paragraph 31). | 118
The interdependence of the two objectives pursued by the directive means that the EU legislature could legitimately take the view that it had to establish a set of rules for the placing on the EU market of tobacco products with characterising flavours and that, because of that interdependence, those two objectives could best be achieved at EU level (see, by analogy, judgments in Vodafone and Others, C‑58/08
EU:C:2010:321, paragraph 78, and Estonia v Parliament and Council, C‑508/13, EU:C:2015:403, paragraph 48). | 0 |
866,895 | 53. Those guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for abstention, rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it (see, in that regard, Dorsch Consult , paragraph 36; Köllensperger and Atzwanger , paragraphs 20 to 23; and De Coster , paragraphs 18 to 21; see also, to that effect, Eur Court HR De Cubber v. Belgium , judgment of 26 October 1984, Series A No 86, § 24). | 30 Nevertheless, it is for the national courts to uphold the rights of the persons concerned in the event of a possible breach by the national authorities of the prohibition on putting aid into effect in the last sentence of Article 93(3) of the Treaty which has direct effect. Where such a breach is invoked by individuals who may rely thereon and is established by the national courts, the latter must take all the consequential measures under national law as regards both the validity of decisions giving effect to aid measures and the recovery of the financial support granted. When national courts take a decision in this connection, they do not decide on the compatibility of the aid measures with the common market, the final assessment of which is the exclusive responsibility of the Commission, subject to review by the Court of Justice (judgments in Case C-354/90 Fédération Nationale du Commerce Extérieur [1991] ECR I-5505 and in Sanders, cited above). | 0 |
866,896 | 146. However, such a question is purely hypothetical and therefore inadmissible (see Joined Cases C‑188/10 and C‑189/10 Melki and Abdeli [2010] ECR I‑0000, paragraph 27 and the case‑law cited). | 28. The entry of the mark in a public register has the aim of making it accessible to the competent authorities and to the public, particularly to economic operators. | 0 |
866,897 | 44 Moreover, it is clear from the case-law of the Court (Haahr Petroleum, cited above, paragraph 53, and Texaco and Olieselskabet Danmark, cited above, paragraph 49) that the solution adopted in Emmott is not applicable to claims for repayment not based on the direct effect of a directive. Even though the Court, in Aprile I, gave a ruling as to the scope of Directive 87/53, it is clear from the documents now before the Court that the incompatibility of the charges at issue with Community law derives not from a failure to implement, or incorrect transposition of, that directive but from infringement of the provisions of the Treaty or of other directly applicable Community instruments. | 92. The Danish legislation does not refer to ‘feta’ but to ‘Danish feta’, which would tend to suggest that in Denmark the name ‘feta’, by itself, has retained a Greek connotation. | 0 |
866,898 | 21. A claim such as that at issue in the main proceedings seeks to obtain, from the air carrier, equivalent compliance with its obligation to provide care arising from Articles 5(1)(b) and 9 of Regulation No 261/2004, an obligation which, it should be recalled, operates at an earlier stage than the system laid down by the Montreal Convention (see Case C-549/07 Wallentin-Hermann [2008] ECR I-11061, paragraph 32, and Joined Cases C-581/10 and C-629/10 Nelson and Others [2012] ECR, paragraph 57). | 32. Moreover, as is clear from paragraphs 43 to 47 of IATA and ELFAA , Article 19 of the Montreal Convention and Article 5(3) of Regulation No 261/2004 relate to different contexts. Article 19 et seq. of that convention governs the conditions under which, if a flight has been delayed, the passengers concerned may bring actions for damages by way of redress on an individual basis. By contrast, Article 5 of Regulation No 261/2004 provides for standardised and immediate compensatory measures. Those measures, which are unconnected with those whose institution is governed by the Montreal Convention, thus intervene at an earlier stage than the convention. It follows that the carrier’s grounds of exemption from liability provided for in Article 19 of that convention cannot be transposed without distinction to Article 5(3) of Regulation No 261/2004. | 1 |
866,899 | 48. Il résulte de cette même jurisprudence que les exonérations visées à l’article 132 de la directive 2006/112 constituent des notions autonomes du droit de l’Union ayant pour objet d’éviter des divergences dans l’application du régime de la TVA d’un État membre à l’autre (voir, en ce sens, arrêts précités Horizon College, point 15 et jurisprudence citée, ainsi que Eulitz, point 25). | 39. In order to be described in those terms, the temporary supply of teachers, such as that at issue in the main proceedings, should be of a nature and quality such that, without recourse to such a service, there could be no assurance that the education provided by the host establishments and, consequently, the education from which their students benefit, would have an equivalent value (see, by analogy, Stichting Kinderopvang Enschede , paragraphs 27, 28 and 30). | 0 |
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