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Article 1(a) of Framework Decision 2008/909, which defines the concept of ‘judgment’ as a final decision, does not contain any reference to the law of the Member States, so that it must be held that that concept is an autonomous concept of EU law that must be given an autonomous and uniform interpretation throughout the European Union. To that end, account must also be taken of the terms of that provision, its context and the objectives of the legislation of which it forms part (see, to that effect, judgment of 28 July 2016, JZ, C‑294/16 PPU, EU:2016:610, paragraph 37). | 78. According to the Commission, the fact that the second statement of objections was sent to TKS and Thyssen separately and that those two undertakings responded separately is of no importance. Those undertakings replied only in a purely formal manner. Although doubts might nevertheless still have existed, they were dispelled by the fact that, after receiving the replies to that statement of objections from those undertakings, the Commission again asked TKS to confirm its acceptance of responsibility for Thyssen’s conduct since 1993. | 0 |
866,901 | 36. Moreover, as is apparent from the wording of Article 26(2) of Directive 92/50, the Member States do, admittedly, have a discretion as to whether or not to allow certain categories of economic operators to provide certain services. They can regulate the activities of entities, such as universities and research institutes, which are non-profit-making and whose primary object is teaching and research. They can, inter alia, determine whether or not such entities are authorised to operate on the market, according to whether the activity in question is compatible with their objectives as an institution and those laid down in their statutes. However, if and to the extent that such entities are entitled to offer certain services in return for remuneration on the market, even occasionally, the Member States may not prevent those entities from participating in tendering procedures for the award of public contracts relating to the provision of those services. Such a prohibition would not be compatible with Article 1(a) and (c) of Directive 92/50 (see, in relation to the corresponding provisions of Directive 2004/18, the judgments in CoNISMa , EU:C:2009:807, paragraphs 47 to 49, and Ordine degli Ingegneri della Provincia di Lecce and Others , EU:C:2012:817, paragraph 27). | 31
The Court has already held that the right of access to documents of the institutions applies only to existing documents in the possession of the institution concerned and that Regulation No 1049/2001 may not be relied upon to oblige an institution to create a document which does not exist (see, to that effect, judgment of 2 October 2014, Strack v Commission, C‑127/13 P, EU:C:2014:2250, paragraphs 38 and 46). It follows that, as the General Court correctly held in paragraph 55 of the judgment under appeal, an application for access that would require the Commission to create a new document, even if that document were based on information already appearing in existing documents held by it, falls outside the framework of Regulation No 1049/2001. | 0 |
866,902 | 10. 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, arrêt du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15 et jurisprudence citée). | 31. Second, it should be pointed out that the sound functioning and uniform interpretation of the common system of VAT require that the concepts of ‘insurance transactions’ and ‘reinsurance’ in Articles 9(2)(e), fifth indent, and 13B(a) of the Sixth Directive are not defined differently depending on whether they are used in one of those provisions or the other. | 0 |
866,903 | 35. Having regard to the considerations set out in paragraphs 29 and 30 of this judgment, it is for the competent national court to establish revocation, if appropriate, linked in particular to such a failure, including in the context of proceedings seeking protection of the exclusive rights conferred by Article 5 of Directive 89/104, and which may have been brought late by the proprietor of the mark. If taking account of revocation for the purposes of Article 12(2) in infringement proceedings were solely a matter for the national laws of the Member States, the consequence for trade mark proprietors might be that protection would vary depending on the applicable law. The objective of ‘the same protection under the legal systems of all the Member States’ set out in the ninth recital in the preamble to the directive, where it is described as fundamental, would not be attained (see, on the subject of the onus of proving infringement of the proprietor’s exclusive rights, Case C-405/03 Class International [2005] ECR I-0000, paragraphs 73 and 74). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,904 | 27. As the Court has previously held, it is clear from the wording of Article 13(C) of the Sixth Directive that Member States may, by virtue of this power, allow persons benefiting from the exemptions provided for by that directive to waive the exemption in all cases or within certain limits or subject to certain detailed rules (see Case 8/81 Becker [1982] ECR 53, paragraph 38). | 46. It is, on the other hand, necessary that the person filing the application for registration of a trade mark with respect to a service of bringing together services should identify the latter with sufficient clarity and precision (see, by analogy, Praktiker Bau- und Heimwerkermärkte EU:C:2005:425, paragraph 50, and Chartered Institute of Patent Attorneys EU:C:2012:361, paragraph 45). | 0 |
866,905 | 80. As the Court has repeatedly held, an act is vitiated by misuse of powers only if it appears, on the basis of objective, relevant and consistent evidence, to have been taken with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case (see, to that effect, inter alia, Case C‑48/96 P Windpark Groothusen v Commission [1998] ECR I‑2873, paragraph 52, and Case C‑310/04 Spain v Council [2006] ECR I‑7285, paragraph 69). | En effet, il est usuel, étant donné que l’interdiction de participer à des pratiques et à des accords anticoncurrentiels ainsi que les sanctions que les contrevenants peuvent encourir sont notoires, que les activités que ces pratiques et ces accords comportent se déroulent de manière clandestine, que les réunions se tiennent secrètement, le plus souvent dans un pays tiers, et que la documentation y afférente soit réduite au minimum. Même si la Commission découvre des pièces attestant de manière explicite une prise de contact illégitime entre des opérateurs, telles que les comptes rendus d’une réunion, celles-ci ne seront normalement que fragmentaires et éparses, de sorte qu’il se révèle souvent nécessaire de reconstituer certains détails par des déductions (arrêt du 17 juin 2010, Lafarge/Commission, C‑413/08 P, EU:C:2010:346, point 22). | 0 |
866,906 | 44
In that regard, it is clear from the Court’s case-law that the ne bis in idem principle in Article 54 of the CISA is intended, on the one hand, to ensure, in the area of freedom, security and justice, that a person whose trial has been finally disposed of is not prosecuted in several Contracting States for the same acts on account of his having exercised his right to freedom of movement, the aim being to ensure legal certainty — in the absence of harmonisation or approximation of the criminal laws of the Member States — through respect for decisions of public bodies which have become final (see, to that effect, judgments of 28 September 2006 in Gasparini and Others, C‑467/04, EU:C:2006:610, paragraph 27; 22 December 2008 in Turanský, C‑491/07, EU:C:2008:768, paragraph 41; and 27 May 2014 in Spasic, C‑129/14 PPU, EU:C:2014:586, paragraph 77). | 32. It is necessary, as the referring court has done, to construe authorisation of an individual project as such implementation. | 0 |
866,907 | 34. Secondly, Article 28(3)(d) of the Sixth Directive, whilst it precludes the introduction of new exemptions or an extension of the scope of existing exemptions following the entry into force of the Sixth Directive, does not prevent a reduction in their scope, given the transitional nature of the derogation for which it provides (see, by analogy, Commission v France , paragraph 21). | 29 Any obligation systematically to notify such information is contrary to the freedom to market insurance products within the Community, which Directives 92/94 and 92/96 are designed to achieve. | 0 |
866,908 | 34
The General Court continued, in paragraphs 23 to 25 of the judgment under appeal, that thus, pursuant to the combined provisions of Article H(2) of Annex II to Regulation No 1164/94, as amended, and Article 18(3) of Regulation No 1386/2002, the period at the end of which the Commission must adopt a decision on financial corrections was three months from the date of the hearing (judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 95, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 95). It held that, in accordance with Article 100(5) of Regulation No 1083/2006, the Commission is to take a decision on the financial correction within six months of the date of the hearing and, if no hearing takes place, the six-month period is to begin to run two months after the date of the letter of invitation sent by the Commission (judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 96, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 96). It also recalled that, in accordance with Article 145(6) of Regulation No 1303/2013, the Commission is to take a decision on the financial correction within six months of the date of the hearing or of the date of receipt of additional information where the Member State agrees to submit such additional information following the hearing, it being understood that, if no hearing takes place, the six-month period will begin to run two months after the date of the letter of invitation to the hearing sent by the Commission (judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 97, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 97). | 56 Contrary to the assertions of Emsland-Stärke, the obligation to repay refunds received in the event that the two constituent elements of an abuse are established would not breach the principle of lawfulness. The obligation to repay is not a penalty for which a clear and unambiguous legal basis would be necessary, but simply the consequence of a finding that the conditions required to obtain the advantage derived from the Community rules were created artificially, thereby rendering the refunds granted undue payments and thus justifying the obligation to repay them. | 0 |
866,909 | 48 That argument must be rejected. It fails to take account of the fact that, since trade-mark rights are territorial, the function of the trade mark is to be assessed by reference to a particular territory (paragraph 18 of HAG II). | 23 A cultural policy understood in that sense may indeed constitute an overriding requirement relating to the general interest which justifies a restriction on the freedom to provide services. The maintenance of the pluralism which that Dutch policy seeks to safeguard is connected with freedom of expression, as protected by Article 10 of the European Convention on Human Rights and Fundamental Freedoms, which is one of the fundamental rights guaranteed by the Community legal order (Case 4/73 Nold v Commission [1974] ECR 491, paragraph 13). | 0 |
866,910 | 87. In determining injury, the Council and the Commission are under an obligation to consider whether the injury on which they intend to base their conclusions actually derives from the subsidised imports and must disregard any injury deriving from other factors, particularly from the conduct of Community producers themselves (see Extramet Industrie v Council , paragraph 16, and AGST Draht- und Biegetechnik , paragraph 35). | 35 WHERE , IN APPLICATION OF ARTICLE 100 OF THE TREATY , COMMUNITY DIRECTIVES PROVIDE FOR THE HARMONIZATION OF THE MEASURES NECESSARY TO ENSURE THE PROTECTION OF ANIMAL AND HUMAN HEALTH AND ESTABLISH COMMUNITY PROCEDURES TO CHECK THAT THEY ARE OBSERVED , RECOURSE TO ARTICLE 36 IS NO LONGER JUSTIFIED AND THE APPROPRIATE CHECKS MUST BE CARRIED OUT AND THE MEASURES OF PROTECTION ADOPTED WITHIN THE FRAMEWORK OUTLINED BY THE HARMONIZING DIRECTIVE .
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866,911 | 46. However, in order for those principles to apply in relation to public procurement activities in respect of which all the relevant elements are confined to a single Member State, it is necessary for the contract at issue in the main proceedings to be of certain cross-border interest (see, to that effect, judgments in Commission v Ireland , EU:C:2007:676, paragraph 29; Commission v Italy , C‑412/04, EU:C:2008:102, paragraphs 66 and 81; SECAP and Santorso , C‑147/06 and C‑148/06, EU:C:2008:277, paragraph 21; Serrantoni and Consorzio stabile edili , C‑376/08, EU:C:2009:808, paragraph 24; and Commission v Ireland , EU:C:2010:697, paragraph 31). | 53. Furthermore, in order to fulfil its role as a registered trade mark a sign must always be perceived unambiguously and in the same way so that the mark is guaranteed as an indication of origin. In the light of the duration of a mark ' s registration and the fact that, as the Directive provides, it can be renewed for varying periods, the representation must be durable. | 0 |
866,912 | 22
Secondly, the formulation of the question referred for a preliminary ruling seems to suggest that the referring court starts from the premiss that the goods and services offered by Együd Garage are identical to those for which that mark is registered. In that regard, it follows from the case-law of the Court that the use in advertisements of a car trade mark to inform the public that a third party carries out the repair and maintenance of authentic cars bearing that mark should be assessed, in principle, having regard to Article 5(1)(a), even where that mark has not been registered for that service (see, to that effect, judgment in BMW, C‑63/97, EU:C:1999:82, paragraphs 33, 34 and 37 to 39). | 19. En outre, il ressort des dispositions combinées des articles 44, paragraphe 1, sous c), et 48, paragraphe 2, premier alinéa, du règlement de procédure du Tribunal que la requête introductive d’instance doit contenir l’objet du litige ainsi que l’exposé sommaire des moyens invoqués et que la production de moyens nouveaux en cours d’instance est interdite à moins que ces moyens ne se fondent sur des éléments de droit et de fait qui se sont révélés pendant la procédure (voir, en ce sens, ordonnance du 26 janvier 2005, Euroagri/Commission, C-153/04 P, point 40, et arrêt du 16 décembre 2010, AceaElectrabel Produzione/Commission, C‑480/09 P, Rec. p. I‑13355, point 111). | 0 |
866,913 | 55. The Court has consistently held that it follows from the context of the Treaty in which Article 211 EC must be placed and also from practical requirements that the concept of implementation must be given a wide interpretation. Since only the Commission is in a position to keep track of agricultural market trends and to act quickly when necessary, the Council may confer on it wide powers in that sphere. Consequently, the limits of those powers must be determined by reference to the essential general aims of the organisation of the market in question (Case 22/88 Vreugdenhil and Van der Kolk [1989] ECR 2049, paragraph 16, and Joined Cases C-9/95, C-23/95 and C-156/95 Belgium and Germany v Commission [1997] ECR I-645, paragraph 36). | 14 IT IS CLEAR FROM THOSE PROVISIONS THAT FAMILY BENEFITS OR FAMILY ALLOWANCES ARE INTENDED TO PROVIDE SOCIAL ASSISTANCE FOR WORKERS WITH DEPENDENT FAMILIES IN THE FORM OF A CONTRIBUTION BY SOCIETY TOWARDS THEIR EXPENSES . THE RULE AGAINST OVERLAPPING OF BENEFITS AT ISSUE IS DESIGNED THEREFORE TO PREVENT DUPLICATION OF THE COMPENSATION FOR THOSE EXPENSES , AN EXCESS PAYMENT TO THE WORKER ' S FAMILY WHICH WOULD NOT BE JUSTIFIED . ACCORDINGLY , THE RULE MUST BE INTERPRETED AS HAVING THE EFFECT OF PRECLUDING THE PAYMENT OF PARALLEL SOCIAL SECURITY BENEFITS FOR ONE AND THE SAME SITUATION IN RESPECT OF ONE AND THE SAME PERIOD .
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866,914 | 39. The objective of rapidity pursued by Directive 89/665 must be achieved in national law in compliance with the requirements of legal certainty. To that end, Member States have an obligation to establish a system of limitation periods that is sufficiently precise, clear and foreseeable to enable individuals to ascertain their rights and obligations (see, to that effect, Case C‑361/88 Commission v Germany [1991] ECR I‑2567, paragraph 24, and Case C‑221/94 Commission v Luxembourg [1996] ECR I‑5669, paragraph 22). | 106. Secondly, concerning the establishment of a transitional period such as that at issue in the main proceedings, it needs in particular to be verified whether the latter might not undermine the consistency of the legislation concerned by leading to a result contrary to the objective pursued. | 0 |
866,915 | 17. However, the referring court, still implicitly relying on the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), adopts the analysis in paragraphs 66 to 81 of that judgment and consequently considers that neither the addendum at issue nor the order extending the agreement is unlawful from the point of view of Articles 102 TFEU and 106 TFEU. It also rejects, as unrelated to those articles, the complaint that the appointment of the insurer was not preceded by any call for tenders. | 14 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT REGULATION NO 1430/79 APPLIES TO GOODS FALLING UNDER THE ECSC TREATY . | 0 |
866,916 | 32. On the other hand, in so far as the question referred by the national court, as reformulated in paragraph 21 of this judgment, seeks an interpretation of Articles 81 EC to 89 EC, it should be recalled that the need to provide an interpretation of EU law which will be of use to the national court requires that the national court define the factual and legal context of its questions or, at the very least, that it explain the factual circumstances on which those questions are based (see Centro Europa 7 , paragraph 57 and the case-law cited). Those requirements are of particular importance in the area of competition, where the factual and legal situations are often complex (see to that effect, inter alia, Joined Cases C‑320/90 to C‑322/90 Telemarsicabruzzo and Others [1993] ECR I‑393, paragraph 7; Case C‑238/05 Asnef-Equifax and Administración del Estado [2006] ECR I‑11125, paragraph 23; and Case C‑250/06 United Pan-Europe Communications Belgium and Others [2007] ECR I‑11135, paragraph 20). | 25. As the Court has already held, it is possible that a policy of controlled expansion in the betting and gaming sector may be entirely consistent with the objective of drawing players away from clandestine betting and gaming – and, as such, activities which are prohibited – to activities which are authorised and regulated. In order to achieve that objective, authorised operators must represent a reliable, but at the same time attractive, alternative to a prohibited activity. This may as such necessitate the offer of an extensive range of games, advertising on a certain scale and the use of new distribution techniques ( Placanica and Others , paragraph 55). | 0 |
866,917 | 26. The Court has in various settings referred to the importance, in both the legal order of the European Union and the national legal systems, of the principle of res judicata (Case C‑224/01 Köbler [2003] ECR I‑10239, paragraph 38; C‑234/04 Kapferer [2006] ECR I‑2585, paragraph 20; and C‑2/08 Fallimento Olimpiclub [2009] ECR I‑0000, paragraph 22). | 62. It does not however appear that that possibility was an innovation in relation to the previous system or that a notable modification of the latter was made by the legislature on this point. | 0 |
866,918 | 63. In Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 106, the Court indeed held that the exercise of rights conferred on private persons by directly applicable provisions of Community law would be rendered impossible or excessively difficult if their claims for compensation based on Community law were rejected or reduced solely because the persons concerned did not apply for grant of the right which was conferred by Community provisions, and which national law denied them, with a view to challenging the refusal of the Member State by means of the legal remedies provided for that purpose, invoking the primacy and direct effect of Community law. In a case of that kind, it would not have been reasonable to require the injured parties to utilise the legal remedies available to them, since they would in any event have had to make the payment at issue in advance, and even if the national court had held the fact that payment had to be made in advance incompatible with Community law, the persons in question would not have been able to obtain interest on that sum and they would have laid themselves open to the possibility of penalties (see, to this effect, Metallgesellschaft and Others , paragraph 104). | 17. However, that is not the case where the workers in question enjoy the same protection, or essentially similar protection, by virtue of employer ' s contributions already paid by the employer in the Member State of establishment. | 0 |
866,919 | 42. However, such a restriction of the freedom to provide services may be allowed as a derogation expressly provided for in Articles 45 EC and 46 EC, applicable in this area by virtue of Article 55 EC, or justified in accordance with the case-law of the Court by overriding reasons in the public interest (Case C‑42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I‑7633, paragraphs 55 and 56, and Case C‑212/08 Zeturf [2011] ECR I‑0000, paragraph 37). | 15. In that connection, it is common ground that Directive 2000/35 simply aims to harmonise as far as possible certain payment rules and practices in the Member States in order to combat late payment in commercial transactions. | 0 |
866,920 | 32. However, it follows from settled case-law that national courts and tribunals remain, in any event, entirely at liberty to bring a matter before the Court of Justice if they consider it appropriate to do so (see, in particular, Cilfit and Others , paragraph 15) and the fact that the provisions whose interpretation is sought have already been interpreted by the Court or can be regarded as leaving no scope for any reasonable doubt does not deprive the Court of jurisdiction to give a ruling (see, to that effect, in particular, Case C‑260/07 Pedro IV Servicios [2009] ECR I‑2437, paragraph 31). | 25. En outre, la République hellénique fait valoir qu’il ressort de l’arrêt Standley e.a. (C-293/97, EU:C:1999:215, points 35 à 39) que la directive 91/676 ne s’applique qu’aux seuls cas où la pollution d’origine agricole contribue de manière significative à la pollution des eaux. Il ressortirait de cette même jurisprudence que cette directive peut être appliquée de manière différente par les États membres et que le droit de l’Union ne pourrait fournir de critères précis permettant de vérifier, dans chaque cas d’espèce, si la pollution d’origine agricole contribue de manière significative à la pollution des eaux. | 0 |
866,921 | 25 It should also be noted that the inventory of areas which are of great importance for the conservation of wild birds, more commonly known under the acronym IBA (Inventory of Important Bird Areas in the European Community) includes the area in question. The Court of Justice has held that that inventory, although not legally binding on the Member States concerned, contains scientific evidence making it possible to assess whether a Member State has complied with its obligation to classify as SPAs the most suitable territories in number and size for conservation of the protected species (Case C-3/96 Commission v Netherlands [1998] ECR I-3031, paragraphs 69 and 70). | 22. The Court has also held that those rules of special jurisdiction must be interpreted restrictively and cannot give rise to an interpretation going beyond the cases expressly envisaged by that convention (see Case 189/87 Kalfelis [1988] ECR 5565, paragraph 19; Case C-433/01 Blijdenstein [2004] ECR I‑981, paragraph 25; and Kronhofer , paragraph 14). | 0 |
866,922 | 35 In paragraph 37 of that same judgment, the Court also pointed out that it is settled case-law that a Member State cannot unilaterally adopt, on its own authority, corrective or protective measures designed to obviate any breach by another Member State of rules of Community law (see also the judgments in Joined Cases 90/63 and 91/63 Commission v Luxembourg and Belgium [1964] ECR 625, Case 232/78 Commission v France [1979] ECR 2729, paragraph 9, and Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 20). | 35. À titre liminaire, il convient de rappeler que, en devenant partie à la convention d’Aarhus, l’Union européenne s’est engagée à assurer, dans le champ d’application du droit de l’Union, un accès de principe aux informations sur l’environnement détenues par les autorités publiques ou pour le compte de celles-ci (voir, en ce sens, arrêts du 22 décembre 2010, Ville de Lyon, C‑524/09, Rec. p. I‑14115, point 36, et du 14 février 2012, Flachglas Torgau, C‑204/09, point 30). | 0 |
866,923 | 41. Article 14(3) of Regulation No 2100/94, which moreover provides expressly that the conditions to give effect to the derogation provided for in paragraph 1 of that article are to be established in implementing rules, must be interpreted in the light of that paragraph 1 and cannot therefore refer to cases in which that derogation is not even capable of applying (see Schulin , paragraph 52). | 30. La Cour a toutefois précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette livraison (arrêt De Danske Bilimportører, précité, point 17 et jurisprudence citée). | 0 |
866,924 | 91. In addition, according to the Court’s case-law on the applicability of the Sixth Directive to the unlawful importation of drugs, the chargeable event for customs duties and the chargeability of VAT are essentially the same in such cases. The two charges display comparable essential features since they arise from the importation of goods into the Community and their subsequent distribution through the economic channels of the Member States (see, to that effect, Case 294/82 Einberger [1984] ECR 1177, paragraph 18, and Case C‑343/89 Witzemann [1990] ECR I‑4477, paragraph 18). | 66. Among those measures, clause 5(1)(a) envisages ‘objective reasons justifying the renewal of such contracts or relationships’. | 0 |
866,925 | 58
Thus, as the referring court points out, the Court has held that a national legislature may breach the principles of legal certainty and of the protection of legitimate expectations when it suddenly and unexpectedly adopts a new law which withdraws a right that taxable persons enjoyed until then, without allowing them the time necessary to adjust, when the objective to be attained did not so require (see, to this effect, judgment of 29 April 2004 in Gemeente Leusden and Holin Groep, C‑487/01 and C‑7/02, EU:C:2004:263, paragraph 70). | 70. Although Article 20 of the Sixth Directive does not, as such, breach the above principles, it cannot none the less be ruled out that the national legislature has breached them in that, without taking account of a legitimate expectation of taxable persons which had to be protected, it suddenly and unexpectedly withdrew the right to opt for taxation of lettings of immovable property, when the objective to be attained did not require it, without allowing taxable persons bound by leases current at the time of entry into force of the law the time to adjust to the new legislative situation. | 1 |
866,926 | 64. It is settled case-law that the principle of non-discrimination requires that comparable situations must not be treated differently and different situations must not be treated alike unless such treatment is objectively justified (see inter alia Omega Air and Others , paragraph 79, and Case C-137/00 Milk Marque and National Farmers’ Union [2003] ECR I-0000, paragraph 126). | 83. In the absence of relevant Community provisions, it is for the domestic legal system of each Member State to set the criteria for determining the extent of reparation. However, those criteria must not be less favourable than those applying to similar claims based on domestic law and must not be such as in practice to make it impossible or excessively difficult to obtain reparation. | 0 |
866,927 | 48 Given the reasons explained in paragraph 44 of the Barber judgment for limiting its effects in time, it must be made clear that equality of treatment in the matter of occupational pensions may be claimed only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, the date of the Barber judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law (paragraph 19). | 27 It is therefore necessary to determine whether in a case such as that in point in the main proceedings the discrimination relating to the method of calculating retirement pensions is necessarily and objectively linked to the maintenance of national provisions which prescribe different pensionable ages for men and women and therefore come under the derogation provided for in Article 7(1)(a) of the Directive. | 0 |
866,928 | 37. It is therefore for the national courts and judicial authorities to refuse the right of deduction, if it is shown, in the light of objective factors, that that right is being relied on for fraudulent or abusive ends (see Fini H , paragraph 34; Kittel and Recolta Recycling , paragraph 55; and Mahagében and Dávid , paragraph 42). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
866,929 | 37. En revanche, la Cour a jugé, dans une affaire mettant en cause des gardes effectuées par des médecins appartenant à des équipes de premiers soins, qu’il en va différemment de la situation dans laquelle les médecins effectuent les gardes selon le système qui veut qu’ils soient accessibles en permanence sans pour autant être obligés d’être présents dans l’établissement de santé. Même s’ils sont à la disposition de leur employeur dans la mesure où ils doivent pouvoir être joints, dans cette situation, les médecins peuvent gérer leur temps avec moins de contraintes et se consacrer à leurs propres intérêts. Dans ces conditions, seul le temps lié à la prestation effective de services de premiers soins doit être considéré comme du temps de travail au sens de la directive 2003/88 (arrêt Simap, C‑303/98, EU:C:2000:528, point 50). | 60. Next, contrary to what Italmoda has claimed, a taxable person who has created the conditions for obtaining a right only by participating in fraudulent transactions is clearly not justified in invoking the principles of protection of legitimate expectations or legal certainty in order to oppose the refusal to grant the right in question (see, to that effect, judgments in Breitsohl , C‑400/98, EU:C:2000:304, paragraph 38, and Halifax and Others , EU:C:2006:121, paragraph 84). | 0 |
866,930 | 16. Furthermore, it is relevant to point out that, according to settled case-law, while direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with EU law (see, inter alia, Case C-319/02 Manninen [2004] ECR I-7477, paragraph 19; Case C-292/04 Meilicke and Others [2007] ECR I-1835, paragraph 19; Case C-157/05 Holböck [2007] ECR I-4051, paragraph 21; and Case C-451/05 ELISA [2007] ECR I-8251, paragraph 68). By the same token, that competence does not allow Member States to apply measures which are contrary to the freedoms of movement guaranteed by similar provisions of the EEA Agreement ( Établissements Rimbaud , paragraph 23). | 39. A care allowance such as that granted under the SPGG is intended to compensate, in the form of a flat-rate contribution, for the additional expenditure resulting from the recipients’ condition of reliance on care, in particular the cost of the assistance it is necessary to provide them with. | 0 |
866,931 | 55. First, it must be recalled that national legislation is appropriate for ensuring attainment of the objective pursued only if it genuinely reflects a concern to attain it in a consistent and systematic manner (see, to that effect, Joined Cases C‑338/04, C‑359/04 and C‑360/04 Placanica and Others [2007] ECR I‑1891, paragraphs 53 and 58, and Case C‑500/06 Corporación Dermoestética [2008] ECR I‑0000, paragraphs 39 and 40). | 65. First of all, it should be pointed out that, as is clear from Article 32d(1) CS and Article 51 of the ECSC Statute of the Court of Justice, an appeal lies on a point of law only. Therefore, the Court of First Instance has sole jurisdiction to find and appraise the relevant facts and to assess the evidence, except where those facts and that evidence have been distorted (see, to that effect, Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraphs 49 and 66; Limburgse Vinyl Maatschappij and Others , paragraph 194; and Case C-312/00 P Commission v Camar and Tico [2002] ECR I-11355, paragraph 69). | 0 |
866,932 | 53. Accordingly, where the competent institution, by issuing a Form E 111 or Form E 112, has agreed that one of its insured persons is to receive medical treatment outside the competent Member State, it is bound by the findings relating to the need for urgent vital treatment made by the doctors authorised by the institution of the Member State of stay (see, in an analogous sense, in the context of Article 19 of Regulation No 1408/71 and Article 18 of Regulation No 574/72, Case 22/86 Rindone [1987] ECR 1339, paragraphs 9 to 14, and Case C‑45/90 Paletta [1992] ECR I‑3423, paragraph 28). | 22. The Court notes as a preliminary point that the purpose of Directive 98/44 is not to regulate the use of human embryos in the context of scientific research and that it is limited to the patentability of biotechnological inventions (see judgment in Brüstle , EU:C:2011:669, paragraph 40). | 0 |
866,933 | 54. Accordingly, the Court of Justice has already stated that, whilst, in areas giving rise to complex economic assessments, the Commission has a margin of discretion with regard to economic matters, that does not mean that the EU judicature must refrain from reviewing the Commission’s interpretation of information of an economic nature. The EU judicature must, among other things, not only establish whether the evidence put forward is factually accurate, reliable and consistent, but must also determine whether that evidence contains all the relevant data that must be taken into consideration in appraising a complex situation and whether it is capable of substantiating the conclusions drawn from it ( Commission v Tetra Laval EU:C:2005:87, paragraph 39; Chalkor v Commission EU:C:2011:815, paragraph 54; and Otis and Others EU:C:2012:684, paragraph 59). | 73. It should be recalled, as a preliminary observation, that the free movement of goods between Member States is a fundamental principle of the Treaty which finds its expression in the prohibition, set out in Article 28 EC, of quantitative restrictions on imports between Member States and all measures having equivalent effect. | 0 |
866,934 | 49. The differences in treatment authorised by Article 58(1)(a) must thus be distinguished from the forms of discrimination prohibited by Article 58(3). The case-law shows that, for national tax legislation such as that at issue here to be capable of being regarded as compatible with the provisions of the Treaty on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by an overriding reason in the public interest (Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 43; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 29; and Case C‑512/03 Blanckaert [2005] ECR I‑7685, paragraph 42). | 25. It follows that the exemption of an intra-Community supply corresponding to an intra-Community acquisition enables double taxation and, therefore, infringement of the principle of fiscal neutrality inherent in the common system of VAT, to be avoided.
The first and second questions | 0 |
866,935 | 42. It follows, lastly, that the computerised database of the system for the identification and registration of animals is designed to ensure efficient tracing in real time of those animals, which is essential for public health reasons ( Maatschap Schonewille-Prins , paragraph 50). Accordingly, the database is required to be fully reliable. As a consequence, that database alone is able to confirm the fact that the conditions governing eligibility for the aid in question are met, such as those relating to the density of livestock. | 14 In its judgment in Case 23/67 Brasserie De Haecht v Wilkin [1967] ECR 407, the Court held that the effects of such an agreement had to be assessed in the context in which they occur and where they might combine with others to have a cumulative effect on competition. It also follows from that judgment that the cumulative effect of several similar agreements constitutes one factor amongst others in ascertaining whether, by way of a possible alteration of competition, trade between Member States is capable of being affected. | 0 |
866,936 | 42
According to the Court’s settled case-law, for a request for substitution of grounds to be admissible, the party concerned must have an interest in bringing proceedings, in so far as the request must be capable, if successful, of procuring an advantage to the party making it. That may be the case where the request for substitution of grounds amounts to a defence to one of the applicant’s pleas (see, to that effect, judgments of 6 October 2009 in GlaxoSmithKline Services and Others v CommissionC‑501/06 P, C‑513/06 P, C‑515/06 P and C‑519/06 P
EU:C:2009:610, paragraph 23; of 21 December 2011 in Iride v Commission, C‑329/09 P, EU:C:2011:859, paragraphs 48 to 51; and of 11 July 2013 in Ziegler v Commission, C‑439/11 P, EU:C:2013:513, paragraph 42). | 46 By Questions 2(a) to 2(c), 3(a), 3(b) and 4(c), which it is appropriate to consider together, the national court seeks essentially to determine whether time spent on call by doctors in primary care teams, whether they are required to be present in the health centre or merely contactable, must be regarded as working time or as overtime within the meaning of Directive 93/104. | 0 |
866,937 | 46. Whether they are adopted by a Member State on the basis of Article 10(1) of Directive 90/425 or by the Commission on the basis of Article 10(4) of that directive, precautionary measures must observe the principle of proportionality (see, to that effect, in relation to measures adopted by a Member State of destination, Case C-220/01 Lennox [2003] ECR I-7091, paragraph 76; in relation to measures adopted by the Commission, Case C-180/96 United Kingdom v Commission [1998] ECR I-2265, paragraphs 96 to 111, and Jippes , cited above, paragraph 113). | 103. À cet égard, il y a lieu de rappeler que la directive 2004/17 vise à ouvrir les marchés auxquels elle s’applique à la concurrence communautaire, en favorisant la manifestation d’intérêt la plus large possible parmi les opérateurs économiques des États membres (voir, en ce sens, s’agissant de la directive 93/38, arrêt du 5 octobre 2000, Commission/France, C‑16/98, Rec. p. I-8315, point 108). | 0 |
866,938 | 22. The possibility of a national court ruling on the invalidity of a Community act is likewise incompatible with the necessary coherence of the system of judicial protection instituted by the EC Treaty. It is important to note in that regard that references for a preliminary ruling on validity constitute, on the same basis as actions for annulment, a means of reviewing the legality of Community acts. By Articles 230 EC and 241 EC, on the one hand, and Article 234 EC, on the other, the Treaty established a complete system of legal remedies and procedures designed to ensure review of the legality of acts of the institutions and has entrusted such review to the Community Courts (see Case 294/83 Parti écologiste ‘Les Verts’ v Parliament [1986] ECR 1339, paragraph 23; Foto-Frost , paragraph 16; and Case C‑50/00 P Unión de Pequeños Agricultores [2002] ECR I‑6677, paragraph 40). | 40 By Article 173 and Article 184 (now Article 241 EC), on the one hand, and by Article 177, on the other, the Treaty has established a complete system of legal remedies and procedures designed to ensure judicial review of the legality of acts of the institutions, and has entrusted such review to the Community Courts (see, to that effect, Les Verts v Parliament, paragraph 23). Under that system, where natural or legal persons cannot, by reason of the conditions for admissibility laid down in the fourth paragraph of Article 173 of the Treaty, directly challenge Community measures of general application, they are able, depending on the case, either indirectly to plead the invalidity of such acts before the Community Courts under Article 184 of the Treaty or to do so before the national courts and ask them, since they have no jurisdiction themselves to declare those measures invalid (see Case 314/85 Foto-Frost [1987] ECR 4199, paragraph 20), to make a reference to the Court of Justice for a preliminary ruling on validity. | 1 |
866,939 | 34. As the referring court points out, it is for it to assess the facts which are placed before it and to determine whether action constituting an abusive practice has taken place in the case before it. The Court, when giving a preliminary ruling, may however provide clarification designed to give the referring court guidance in its interpretation (see inter alia, to this effect, judgments in Halifax and Others , C‑255/02, EU:C:2006:121, paragraphs 76 and 77, and Part Service , C‑425/06, EU:C:2008:108, paragraphs 54 to 56). | 41. Accordingly, the award of that contract must be examined taking into account all those stages as well as their purpose and not on the basis of their strictly chronological order as suggested by the Austrian Government. | 0 |
866,940 | 52
In that regard, it must be borne in mind that, in accordance with the first indent of Article 13A(2)(b) of the Sixth Directive, the Member States are not to exempt the supply of services envisaged, inter alia, in Article 13A(1)(g) if they are not essential to the transactions exempted. As is apparent from the case-law of the Court, that provision, which is binding on the Member States, lays down conditions which must be taken into account for the interpretation of the various exemptions referred to therein, which, like that provided for in Article 13A(1)(g), concern the supply of services or goods which are ‘closely related’ or ‘closely linked’ to an activity in the public interest (see, to that effect, judgment in Ygeia, C‑394/04 and C‑395/04, EU:C:2005:734, paragraph 26). | 85. It follows that certain conduct on markets other than the dominated markets and having effects either on the dominated markets or on the non-dominated markets themselves can be categorised as abusive (see, to that effect, Tetra Pak v Commission , paragraph 25). | 0 |
866,941 | 79 It suffices in that regard to observe, as the Commission has submitted, that the Court of First Instance set out in detail, in paragraphs 280 to 289 of the contested judgment, its reasons for not upholding the objection alleging that the Commission failed to have adequate regard to the appellant's cooperation in the procedure. In reaching that conclusion, the Court of First Instance undertook an assessment of the facts which cannot be questioned in appeal proceedings (see Case C-362/95 P Blackspur DIY and Others v Council and Commission [1997] ECR I-4775, paragraph 42). | 26. The place where the damage occurred is, according to the case-law cited in paragraph 23 of the present judgment, the place where the event which may give rise to liability in tort, delict or quasi-delict resulted in damage. | 0 |
866,942 | 28 Thus, Community law does not preclude the legislation of a Member State from laying down, alongside a limitation period applicable under the ordinary law to actions between private individuals for the recovery of sums paid but not due, special detailed rules, which are less favourable, governing claims and legal proceedings to challenge the imposition of charges and other levies. The position would be different only if those detailed rules applied solely to actions based on Community law for the repayment of such charges or levies (Edis, cited above, paragraph 37, SPAC, cited above, paragraph 21, and Case C-228/96 Aprile, cited above, paragraph 21). | 49. En effet, la compétence de la Cour dans le cadre d’un pourvoi est limitée à l’appréciation de la solution légale qui a été donnée aux moyens débattus devant les premiers juges (voir arrêt Commission/Brazzelli Lualdi e.a., précité, point 59). Partant, la Cour est uniquement compétente, dans le cadre d’une telle procédure, pour examiner si l’argumentation contenue dans le pourvoi identifie une erreur de droit dont serait entaché l’arrêt attaqué (voir, en ce sens, arrêts du 4 juillet 2000, Bergaderm et Goupil/Commission, C‑352/98 P, Rec. p. I‑5291, point 35, ainsi que du 30 septembre 2003, Eurocoton e.a./Conseil, C‑76/01 P, Rec. p. I‑10091, point 47). | 0 |
866,943 | 68. As is clear from Case 730/79 Philip Morris Holland v Commission [1980] ECR 2671, paragraph 17, aid which improves the financial situation of the recipient undertaking without being necessary for the attainment of the objectives specified in Article 87(3) EC cannot be considered compatible with the common market (see also, to that effect, Case 310/85 Deufil v Commission [1987] ECR 901, paragraph 18, and Case C-400/92 Germany v Commission [1994] ECR I‑4701, paragraphs 12, 20 and 21). | 54. With regard to the grounds of justification thus mentioned, it must be pointed out 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 fundamental freedoms guaranteed by the Treaty (Case C‑204/90 Bachmann [1992] ECR I-249, paragraph 28; Case C‑319/02 Manninen [2004] ECR I-7477, paragraph 42; and Case C‑418/07 Papillon [2008] ECR I-8947, paragraph 43). | 0 |
866,944 | 33
In that regard, the General Court recalled, firstly, in paragraph 22 of the judgment under appeal, that the Court of Justice has previously held that it follows from a schematic interpretation of the relevant regulations that the adoption by the Commission of a decision on financial corrections in connection with the Cohesion Fund, as from 2000, was subject to the observance of a certain time-limit, the length of which varied depending on the applicable rules (see, to that effect, judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 76, 82, 83, 93 and 94, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 76, 82, 83, 93 and 94). | 66. A reference for a preliminary ruling is based on a dialogue between one court and another, the initiation of which depends entirely on the national court’s assessment as to whether that reference is appropriate and necessary (Case C-210/06 Cartesio [2008] ECR I-9641, paragraph 91, and Case C-137/08 VB Pénzügyi Lízing [2010] ECR I-10847, paragraph 29). | 0 |
866,945 | 26. It should be remembered that, according to settled case-law, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law and, in particular, avoid any discrimination on grounds of nationality (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, Case C-107/94 Asscher [1996] ECR I-3089, paragraph 36, Royal Bank of Scotland , cited above, paragraph 19, Baars , cited above, paragraph 17, and Joined Cases C-397/98 and C-410/98 Metallgesellschaft and Others [2001] ECR I-1727, paragraph 37).
The existence of an obstacle to freedom of establishment | 40. Therefore, where the tax authority has the information necessary to establish that the taxable person is, as the recipient of the supply of services at issue, liable to VAT, Articles 167, 168 and 178(f) of Directive 2006/112 preclude legislation which imposes, in relation to the right of that taxable person to deduct that tax, additional conditions which may have the effect of rendering that right ineffective for practical purposes (see, to that effect, Bockemühl , paragraph 51 and Ecotrade , paragraph 64). | 0 |
866,946 | 28. However, that finding is not sufficient under the Court’s case-law to justify the conclusion that the rules at issue are incompatible with Article 12 EC. For that it would also be necessary for the application of those rules not to be justified by objective circumstances (see, to that effect, Case C-398/92 Mund & Fester [1994] ECR I‑467, paragraphs 16 and 17, and Pastoors and Trans-Cap , paragraph 19). | 34. Quatrièmement, il convient de rappeler que les États membres sont tenus d’appliquer les dispositions en matière de TVA telles qu’elles ont été formulées, même s’ils considèrent qu’elles sont perfectibles (voir arrêt du 6 octobre 2005, Commission/Espagne, C‑204/03, Rec. p. I‑8389, point 28). | 0 |
866,947 | 26. The scope of Regulation No 44/2001 is, like that of the Brussels Convention, limited to ‘civil and commercial matters’. In order to determine whether a matter falls within the scope of Regulation No 44/2001, the elements which characterise the nature of the legal relationships between the parties to the dispute or the subject-matter thereof must be examined (see, to that effect, judgments in Sapir and Others , C‑645/11, EU:C:2013:228, paragraphs 32 and 34 and the case-law cited, and in Sunico and Others , EU:C:2013:545, paragraphs 33 and 35 and the case-law cited). | 16. Mrs Folkerts held a reservation to fly from Bremen to Asunción, via Paris and São Paulo. | 0 |
866,948 | 33. Admittedly, such treatment means that the shareholdings held by the parent company at the head of a tax-integrated group in its subsidiaries are disregarded, which means that various transactions within the group are considered non-existent in fiscal terms. The Court accepted in its judgment in Papillon (C‑418/07, EU:C:2008:659, paragraph 50) that a direct link may exist under the tax integration regime between a tax advantage given to the companies belonging to a tax-integrated group and a tax disadvantage resulting from such neutralisation of intragroup transactions. In the case giving rise to that judgment, the immediate taking into account by the parent company of the losses incurred by its subsidiary was offset by the fact that, in the context of a tax-integrated group, the existence of the first company’s holding in the second was disregarded, making it impossible for the parent company to make a provision for the depreciation of its holding in the subsidiary incurring the losses (see judgments in Papillon , C‑418/07, EU:C:2008:659, paragraph 48, and SCA Group Holding and Others , C‑39/13 to C‑41/13, EU:C:2014:1758, paragraphs 34 and 35). | 170. In that regard, it has consistently been held that Article 82 EC is an application of the general objective of European Community action, namely the institution of a system ensuring that competition in the common market is not distorted. Thus, the dominant position referred to in Article 82 EC relates to a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained on the relevant market by affording it the power to behave to an appreciable extent independently of its competitors, its customers and ultimately of consumers (see Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraph 38, and Case C‑202/07 P France Télécom v Commission [2009] ECR I‑2369, paragraph 103). | 0 |
866,949 | 12 In that judgment, the Court also ruled that the declaration that Article 4(1) and (2) of Regulation No 1633/84 was invalid could not be relied on with effect from a date prior to that of the judgment, except by traders or those entitled through them who initiated proceedings or made an equivalent complaint under the applicable national law before that date (paragraph 30 and point 2 of the operative part). | 36 On the other hand, the Court has held, in the case of an insolvent trader to whom funds had been wrongly paid, that set-off may in fact constitute the only practicable way open to the authorities to recover such sums (Case 250/78 DEKA v EEC [1983] ECR 421, paragraph 14). | 0 |
866,950 | 66. Although those provisions allow Member States to take certain measures, they must not however go further than is necessary to attain the objectives mentioned in the preceding paragraph. Such measures may not therefore be used in such a way that they would have the effect of systematically undermining the right to deduct VAT, which is a fundamental principle of the common system of VAT established by the relevant Community legislation (see Joined Cases C‑286/94, C‑340/95, C‑401/95 and C‑47/96 Molenheide and Others [1997] ECR I‑7281, paragraph 47, and Gabalfrisa and Others , paragraph 52). | 51. Les dispositions du traité FUE ainsi que de l’accord EEE relatives à la libre prestation des services s’opposant à cette réglementation, il n’est pas nécessaire d’examiner séparément ladite réglementation à la lumière des articles 63 TUE et 40 de l’accord EEE, concernant la libre circulation des capitaux (voir, en ce sens, arrêts Commission/Belgique, C‑383/10, EU:C:2013:364, point 74, et Commission/Belgique, C‑296/12, EU:C:2014:24, point 51). | 0 |
866,951 | 17 It follows, moreover, from paragraph 20 of those two judgments that Regulation No 123/85 cannot be interpreted as prohibiting a trader who is outside the official distribution network for a given make of motor vehicle and is not an authorized intermediary within the meaning of Article 3(11) of that regulation from acquiring new vehicles of that make by way of parallel imports and independently carrying on the business of marketing such vehicles (see most recently to that effect, Case C-128/95 Fontaine and Others [1997] ECR I-0000, paragraph 17). | 38. Next, with regard to the overall context of Directive 2004/38, it should be noted that the directive introduced a gradual system as regards the right of residence in the host Member State, which reproduces, in essence, the stages and conditions set out in the various instruments of European Union law and case‑law preceding the directive and culminates in the right of permanent residence. | 0 |
866,952 | 105. Le fait que la Cour a déjà jugé que la circonstance qu’une entreprise n’a pas participé à tous les éléments constitutifs d’une infraction unique et continue, ou qu’elle a joué un rôle mineur dans les aspects de celle-ci auxquels elle a participé, doit être prise en considération lors de l’appréciation de la gravité de l’infraction et, le cas échéant, de la détermination de l’amende (arrêt du 8 juillet 1999, Commission/Anic Partecipazioni, C‑49/92 P, Rec. p. I‑4125, point 90) est sans incidence sur l’analyse qui précède. En effet, en l’occurrence, il ressort notamment des points 67 et 185 de l’arrêt attaqué qu’il est constant que Gosselin a participé aux deux accords qui composaient l’infraction unique et continue en cause lors de sa période de participation à l’entente. | 42. It is apparent from the case-law of the Court that the fight against international terrorism in order to maintain international peace and security constitutes an objective of general interest (see, to that effect, Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission EU:C:2008:461, paragraph 363, and Cases C‑539/10 P and C‑550/10 P Al-Aqsa v Council EU:C:2012:711, paragraph 130). The same is true of the fight against serious crime in order to ensure public security (see, to that effect, Case C‑145/09 Tsakouridis EU:C:2010:708, paragraphs 46 and 47). Furthermore, it should be noted, in this respect, that Article 6 of the Charter lays down the right of any person not only to liberty, but also to security. | 0 |
866,953 | 19. According to the Court’s case-law, a measure restricting one of the fundamental freedoms guaranteed by the Treaty may be justified only if it pursues a legitimate objective which is compatible with the Treaty and respects the principle of proportionality. For that reason, such a measure must be appropriate for securing the attainment of the objective which it pursues and must not go beyond what is necessary in order to attain it (see, in particular, Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32, and Case C-100/01 Oteiza Olazabal [2002] ECR I-10981, paragraph 43). | 39 In those circumstances, it does not appear that the Council has disregarded the interests of consumers or of the generic medicines industry. | 0 |
866,954 | 51
Moreover, as the Advocate General noted in point 54 of her Opinion, although it may be justified to introduce special, if not stricter, rules for certain products by reason of their novelty (judgments in Arnold André, C‑434/02, EU:C:2004:800, paragraph 69, and Swedish Match, C‑210/03, EU:C:2004:802, paragraph 71), it cannot, however, be concluded a contrario that more relaxed rules should apply to products long established on the market for that reason alone. | 29 Contrary to the Commission's assertion, the protection of the financial interests of the Community does not follow from the establishment of the customs union, but constitutes an independent objective which, under the scheme of the Treaty, is placed in Title II (financial provisions) of Part V relating to the Community institutions and not in Part III on Community policies, which includes the customs union and agriculture. | 0 |
866,955 | 34. The fact remains that the aim of Article 110 TFEU is to ensure free movement of goods between the Member States in normal conditions of competition. It is intended to eliminate all forms of protection which may result from the application of internal taxation that discriminates against products from other Member States (see, inter alia, Case C‑47/88 Commission v Denmark [1990] ECR I‑4509, paragraph 9; Brzeziński , paragraph 27; and Case C‑2/09 Kalinchev [2010] ECR I‑0000, paragraph 37). | 27. As the Court has already held, within the system of the EC Treaty, Article 90 EC supplements the provisions on the abolition of customs duties and charges having equivalent effect. Its aim is to ensure free movement of goods between the Member States in normal conditions of competition by the elimination of all forms of protection which may result from the application of internal taxation that discriminate against products from other Member States (Joined Cases C‑393/04 and C‑41/05 Air Liquide Industries Belgium [2006] ECR I‑0000, paragraph 55, and the case-law cited, and Nádasdi and Németh , paragraph 45). | 1 |
866,956 | 59. According to the Court’s case‑law, the principle of the retroactive application of the more lenient penalty forms part of the constitutional traditions common to the Member States and, accordingly, must be considered to be one of the general principles of Community law, which the Court ensures are respected and which national courts are required to abide by (see, to that effect, Joined Cases C‑387/02, C‑391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraphs 67 to 69, and Campina , paragraph 32). | 53 In the absence of harmonization of the rules on the distribution both of medicinal products and of "para-pharmaceutical" products, it is for the Member States to choose the level to which they wish to ensure the protection of public health. | 0 |
866,957 | 80. By contrast, where a State measure must be regarded as compensation for the services provided by the recipient undertakings in order to discharge public service obligations, so that those undertakings do not enjoy a real financial advantage and the measure thus does not have the effect of putting them in a more favourable competitive position than the undertakings competing with them, such a measure is not caught by Article 87(1) EC ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 87; Enirisorse , paragraph 31; and Servizi Ausiliari Dottori Commercialisti , point 60). | 5 From 1 January 1979, the date of entry into force of the Sixth Directive, until 30 June 1982, diesel used as fuel for the operation of vehicles and machines on the purchase of which no VAT was deductible was excluded from the right to deduct VAT. | 0 |
866,958 | 44. In that respect, it must also be noted that, in any case, if such an obligation is considered necessary to achieving that objective, the penalties imposed with a view to ensuring the effective application of the requirements laid down by Directive 2003/88 must also respect the principle of proportionality, which it is also for the referring court to verify in the main proceedings (see, by analogy, Case C‑101/01 Lindqvist [2003] ECR I‑12971, paragraph 88). | 39. In particular, the General Court can carry out a full review of the legality of the decisions of OHIM’s Boards of Appeal, if necessary examining whether those boards have made a correct legal classification of the facts of the dispute or whether their assessment of the facts submitted to them was flawed (see, by analogy, Les Éditions Albert René v OHIM , paragraph 39, and Herhof v OHIM , paragraph 48). | 0 |
866,959 | 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 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15, et du 25 février 2010, Commission/France, C‑170/09, point 6). | 26 Consequently, for the purposes of paying family benefits under German legislation in accordance with Article 73 of the Regulation, the expression `employed persons' must be construed as designating only employed persons who satisfy the definition resulting from the combined provisions of Article 1(a)(ii) and the Annex.
Validity of the Annex | 0 |
866,960 | 42
In that regard, while the fact that the service provider concerned may directly debit and/or credit itself an account, or again act by means of accounting entries in accounts belonging to the same account holder, allows, in principle, the conclusion that that condition is met and that the service under consideration is exempted (see, to that effect, judgment of 13 March 2014, ATP PensionService, C‑464/12, EU:C:2014:139, paragraphs 80, 81 and 85), the mere fact that that service does not directly involve such a task does not however mean that the possibility of its being within the scope of the exemption at issue should be immediately ruled out, given that the interpretation described in paragraph 38 of this judgment does not presuppose any particular method for effecting transfers (see, to that effect, judgment of 13 March 2014, ATP PensionService, C‑464/12, EU:C:2014:139, paragraph 80). | 43. If they have not, an obligation to register such as that at issue in the cases in the main proceedings is contrary to the principle of freedom of movement for persons and cannot be justified by the arguments put forward in these cases, especially by the Belgian Government. | 0 |
866,961 | 46. In the judgments in BFI Holding (paragraph 49) and Agorà and Excelsior (paragraph 38), the Court held that the existence of significant competition may be an indication in support of the conclusion that there is no need in the general interest, not having an industrial or commercial character. In the circumstances of the case in the main proceedings, it is clear from the reference for the preliminary ruling that the criterion requiring the existence of significant competition is far from fulfilled. | 39. Regarding the period during which the material reception conditions, that is to say, housing, food and clothing plus a daily expenses allowance, must be granted to the applicants, Article 13(1) of Directive 2003/9 provides that that period is to begin when the asylum seeker applies for asylum. | 0 |
866,962 | 44
In such circumstances, it is necessary to take account of the facts of the case in point in order to determine whether the situation to which the dispute in the main proceedings relates falls within the scope of one or other of those freedoms of movement (see, to that effect, judgment of 13 November 2012, Test Claimants in the FII Group Litigation, C‑35/11, EU:C:2012:707, paragraphs 93 and 94). | 32
As regards, next, the principle of equal treatment, Article 45(2) TFEU states that freedom of movement for workers entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. That provision is given specific expression in Article 7(2) of Regulation No 492/2011 which states that a worker who is a national of a Member State is to enjoy, in the territory of the other Member States, the same social and tax advantages as national workers. | 0 |
866,963 | 16. It should be observed at the outset that according to settled case-law the exemptions provided for in Article 13 of the Sixth Directive have their own independent meaning in Community law and must therefore be given a Community definition (see Case C‑358/97 Commission v Ireland [2000] ECR I‑6301, paragraph 51; Case C-315/00 Maierhofer [2003] ECR I-563, paragraph 25; and Case C-275/01 Sinclair Collis [2003] ECR I-5965, paragraph 22). | 24. It follows that it is for the appellant to establish not only that it did not have access to certain exculpatory evidence, but also that it could have used that evidence for its defence. | 0 |
866,964 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case. | 28
As a preliminary point, it should be recalled, first, that, when the Court is requested to give a preliminary ruling on a matter of classification for customs purposes, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard. In any event, the national court is in a better position to do so (judgment in Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, paragraph 27 and the case-law cited). | 0 |
866,965 | 37. Next, as regards paragraphs 78 and 79 of the judgment in OTP Bank (C‑672/13, EU:C:2015:185), contrary to what is maintained by Dunamenti Erőmű, the Court did not in that case hold that the General Court must always determine that there is State aid before it undertakes the classification of the measure in question as new aid or existing aid. In those paragraphs the Court did no more than state, in essence, that, inter alia, the measure at issue had to be deemed to be new aid in the event that the referring court concluded that that measure constituted State aid. That statement attests precisely to the fact that the classification of a measure as new aid can be made on the basis of an assumption that there is State aid. | 56. In any event, even on the assumption that a taxable person liable to the HIPA selling to final consumers will take account, in fixing his price, of the amount of the charge included in his general expenses, not all taxable persons have the possibility of thus passing on, or passing on in full, the burden of the tax (see, by analogy, Pelzl and Others , paragraph 24, and Banca Popolare di Cremona , paragraph 34). | 0 |
866,966 | 65. Dans une telle situation, il incombe alors à ladite juridiction de tirer toutes les conséquences qui en découlent selon le droit national afin de s’assurer que ce consommateur n’est pas lié par ladite clause (voir, en ce sens, arrêt Asturcom Telecomunicaciones, C‑40/08, EU:C:2009:615, point 59, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 62). | 17 THE CONCEPT OF ' THE MEMBER STATE IN WHICH HE RESIDES ' MUST BE LIMITED TO THE STATE WHERE THE WORKER , ALTHOUGH OCCUPIED IN ANOTHER MEMBER STATE , CONTINUES HABITUALLY TO RESIDE AND WHERE THE HABITUAL CENTRE OF HIS INTERESTS IS ALSO SITUATED .
| 0 |
866,967 | 12 It is sufficient to point out that, in paragraph 10 of its judgment in Case C-71/92 Commission v Spain [1993] ECR I-5923, the Court observed that the only permissible exceptions to the application of Directive 77/62 are those which are expressly and exhaustively mentioned in it. | 96. In accordance with Article 100(5) of Regulation No 1083/2006, the Commission is to take a decision on the financial correction within six months of the date of the hearing, and, if no hearing takes place, the six-month period is to begin to run two months after the date of the letter of invitation sent by the Commission. | 0 |
866,968 | 70. According to settled case-law, compliance with the principle of equal treatment, or of non-discrimination, requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (Case C-44/94 Fishermen’s Organisations and Others [1995] ECR I-3115, paragraph 46; Case C-304/01 Spain v Commission [2004] ECR I-7655, paragraph 31; Case C-141/05 Spain v Council [2007] ECR I-9485, paragraph 40; and Case C-442/04 Spain v Council [2008] ECR I-3517, paragraph 35). | 53. La Cour a ainsi jugé que l’impôt prélevé sur les successions, lesquelles consistent en une transmission à une ou à plusieurs personnes du patrimoine laissé par une personne décédée, comme le traitement fiscal des donations, que celles-ci portent sur des sommes d’argent, des biens immeubles ou des biens meubles, relèvent des dispositions du traité relatives aux mouvements de capitaux, à l’exception des cas où leurs éléments constitutifs se cantonnent à l’intérieur d’un seul État membre (voir, en ce sens, arrêt Mattner, EU:C:2010:216, point 20 ainsi que jurisprudence citée). | 0 |
866,969 | 59 In that regard, the Court has already held that the fact that the fixing of certain working conditions may have pecuniary consequences is not sufficient to bring such conditions within the scope of Article 119, which is based on the close connection which exists between the nature of the services provided and the amount of remuneration (Case 149/77 Defrenne III [1978] ECR 1365, paragraph 21). | 16. According to the settled case-law of the Court, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes, even if they would constitute a correct transposition of the rule of European Union law that is the subject of the action for failure to fulfil obligations (see, inter alia, Case C-475/08 Commission v Belgium [2009] ECR I‑11503, paragraph 30, and judgment of 9 December 2010 in Case C-340/09 Commission v Spain , paragraph 39). | 0 |
866,970 | 36. Third, with regard to the justification relied upon by AOB Reuter, it is sufficient to point out that it is not possible to add a new exception, based in particular on the absence of fault on the part of the exporter, to the exhaustive list contained in the third subparagraph of Article 11(1) of Regulation No 3665/87, and that the Court has already held that the fault or error of a contracting partner is an ordinary commercial risk and cannot be considered to be unforeseeable in the context of commercial transactions. 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 effecting appropriate insurance (see, to that effect, Case C-210/00 Käserei Champignon Hofmeister , paragraph 80, and the case-law cited). | 61 Under those circumstances, it follows clearly from the provisions of Regulation No 1612/68, in particular Articles 10 and 12 thereof, that the children of R's first husband continue to enjoy a right to reside in the host Member State as well as the right to pursue their education there under the same conditions as the nationals of that State. | 0 |
866,971 | 28. Indeed, the opportunities offered by the Treaty in relation to freedom of movement for citizens of the Union cannot be fully effective if a national of a Member State can be deterred from availing himself of them by obstacles placed in the way of his stay in another Member State by legislation of his State of origin penalising the mere fact that he has used those opportunities (see, to that effect, D’Hoop , paragraph 31; Case C‑224/02 Pusa [2004] ECR I‑5763, paragraph 19; and Morgan and Bucher , paragraph 26). | 34. Dans le cadre d’une telle procédure, il incombe à la Commission de fournir à la Cour les éléments nécessaires pour déterminer l’état d’exécution par un État membre d’un arrêt en manquement. Dès lors que la Commission a fourni suffisamment d’éléments faisant apparaître la persistance du manquement, il appartient à l’État membre concerné de contester de manière substantielle et détaillée les données présentées et leurs conséquences (voir arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 48 et jurisprudence citée). | 0 |
866,972 | 49. As the Court has already held, since the prohibition on participating in anti-competitive practices and agreements and the penalties which infringers may incur are well known, it is normal that the activities which those practices and agreements involve take place in a clandestine fashion, for meetings to be held in secret, frequently in a non-member country, and for the associated documentation to be reduced to a minimum. Even if the Commission discovers evidence explicitly showing unlawful contact between traders, such as the minutes of a meeting, it will normally be only fragmentary and sparse, so that it is often necessary to reconstitute certain details by deduction. In most cases, the existence of an anti-competitive practice or agreement must be inferred from a number of coincidences and indicia which, taken together, may, in the absence of another plausible explanation, constitute evidence of an infringement of the competition rules (see, to that effect, Aalborg Portland and Others v Commission , paragraphs 55 to 57). | 55. Since the prohibition on participating in anti-competitive agreements and the penalties which offenders may incur are well known, it is normal for the activities which those practices and those agreements entail to take place in a clandestine fashion, for meetings to be held in secret, most frequently in a non-member country, and for the associated documentation to be reduced to a minimum. | 1 |
866,973 | 20 Articles 85 and 86 of the Treaty are, in themselves, concerned solely with the conduct of undertakings and not with laws or regulations adopted by Member States. However, it is settled law that Articles 85 and 86, read in conjunction with Article 5 of the Treaty, require the Member States not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (as to Article 85 of the Treaty, see the judgments in Case 267/86 Van Eycke [1988] ECR 4769, paragraph 16; in Reiff, paragraph 14, and in Delta Schiffahrts- und Speditionsgesellschaft, paragraph 14; as to Article 86 of the Treaty, see the judgment in Case 13/77 GB-Inno-BM [1977] ECR 2115, paragraph 31). | 37. Account must also be taken of whether the person who requests that his first name and surname, taken together, be registered as a trade mark is well known, since that factor may obviously influence the perception of the mark by the relevant public. | 0 |
866,974 | 25 According to settled case-law, a benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case C-356/89 Newton [1991] ECR I-3017; Case C-78/91 Hughes [1992] ECR I-4839, paragraph 15; and Molenaar, paragraph 20). It was on the basis of that case-law, taking account of the constituent elements of the German care insurance benefits, that the Court held, in paragraph 25 of Molenaar, that those benefits were to be regarded as sickness benefits within the meaning of Article 4(1)(a) of Regulation No 1408/71 and, in paragraph 36 of that judgment, that they were to be regarded as cash benefits of sickness insurance as referred to inter alia in Article 19(1)(b) of that regulation. | 62. As regards the judicial review of compliance with those conditions, in the fields in which the European Union legislature has a broad legislative power, such as air transport matters (see Commission v Council , paragraph 58), the lawfulness of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate, having regard to the objective which the competent institutions are seeking to pursue (see, to that effect, Omega Air and Others , paragraph 64). | 0 |
866,975 | S’agissant de la deuxième branche, il y a lieu de rappeler que, si les conditions de recevabilité du recours prévues à l’article
263, quatrième alinéa, TFUE doivent être interprétées à la lumière du droit fondamental à une protection juridictionnelle
effective, cette interprétation ne saurait toutefois aboutir à écarter ces conditions (voir, en ce sens, arrêt T & L Sugars
et Sidul Açúcares/Commission, C‑456/13 P, EU:C:2015:284, point 44 ainsi que jurisprudence citée). | 48. Nevertheless, should the subsidiary be a non-resident company, the losses recorded by the sub-subsidiary would be taken into account twice, first, in the form of the direct losses of that sub-subsidiary and, secondly, in the form of a provision made by the parent company for the depreciation of its holding in that subsidiary. The internal transactions would not be neutralised because the non-resident subsidiary is not subject to the tax integration regime. | 0 |
866,976 | 51. However, the transfer of a physical person’s tax residence outside the territory of a Member State does not, in itself, imply tax avoidance. Tax avoidance or evasion cannot be inferred generally from the fact that the tax residence of a physical person has been transferred to another Member State and cannot justify a fiscal measure which compromises the exercise of a fundamental freedom guaranteed by the Treaty (see, to that effect, Case C-478/98 Commission v Belgium [2000] ECR I-7587, paragraph 45; X and Y , cited above, paragraph 62). | 44. In the light of the considerations set out at paragraphs 35 to 37 above, it would be contrary to the general scheme and objectives of Directive 2004/83 to grant refugee status and subsidiary protection status to third country nationals in situations which have no connection with the rationale of international protection. | 0 |
866,977 | 49. Consequently, the method by which an aid is financed may render the entire aid scheme incompatible with the common market. Therefore, the aid cannot be considered separately from the effects of its method of financing (France v Commission , paragraph 8). Quite to the contrary, consideration of an aid measure by the Commission must necessarily also take into account the method of financing the aid in a case where that method forms an integral part of the measure. | 27. Article 33 of the Sixth VAT Directive permits a Member State to maintain or introduce duties or charges on the supply of goods, the provision of services or imports only if they cannot be characterised as turnover taxes (see Banca popolare di Cremona , paragraph 24). | 0 |
866,978 | 32 In that context it should be borne in mind, first of all, that it follows from the case-law of the Court that where a provision of the EC Treaty, such as Article 28 of the EC Treaty (now, after amendment, Article 26 EC) on the basis of which the Customs Code was adopted, in principle gives the Council power to adopt, on a proposal from the Commission, rules on a specified matter, Articles 145 and 155 (now Articles 202 EC and 211 EC) allow the Council to confer on the Commission, in the acts which the Council adopts, powers for the implementation of the rules which the Council lays down. Article 145 nevertheless provides that the Council may also reserve the right, in specific cases, to exercise those powers itself (see in particular, with regard to agriculture, Case C-240/90 Germany v Commission [1992] ECR I-5383, at paragraph 35). | 22 The fact that employment procurement activities are normally entrusted to public agencies cannot affect the economic nature of such activities. Employment procurement has not always been, and is not necessarily, carried out by public entities. That finding applies in particular to executive recruitment. | 0 |
866,979 | 49 Secondly, the Court has consistently held that a Member State cannot rely on practical difficulties in order to justify its failure to adopt appropriate measures to prohibit fishing in time. On the contrary, it is required to overcome those difficulties by adopting such measures (see Case C-333/99 Commission v France, cited above, paragraph 44). | 66IN GENERAL A DOMINANT POSITION DERIVES FROM A COMBINATION OF SEVERAL FACTORS WHICH , TAKEN SEPARATELY , ARE NOT NECESSARILY DETERMINATIVE .
| 0 |
866,980 | 34. Thirdly, it should be borne in mind that the measures which the Member States may adopt in order to ensure the correct levying and collection of the tax and for the prevention of fraud must not go further than is necessary to attain such objectives. They may not, therefore, be used in such a way that they would have the effect of undermining the neutrality of VAT, which is a fundamental principle of the common system of VAT established by the relevant EU law (judgment in Rusedespred , C‑138/12, EU:C:2013:233, paragraphs 28 and 29 and the case-law cited). | 10 IT WAS THEREFORE AFTER THE RECEIPT OF THAT LETTER , AT THE LATEST , THAT THE COMMISSION WAS UNDER A CLEAR DUTY TO REINSTATE THE APPLICANT ON THE FIRST OCCASION ON WHICH THE REQUIREMENTS OF ARTICLE 40 OF THE STAFF REGULATIONS WERE SATISFIED .
| 0 |
866,981 | 51. As to whether Article R. 332-2 of the Social Security Code is consistent with the provisions of the Treaty relating to freedom to provide services, the first point to note is that, although the Court has no jurisdiction in proceedings brought under Article 234 EC to rule on the question whether a provision of national legislation is compatible with the Treaty, it may provide the national court with all such criteria for the interpretation of Community law as may enable it to answer that question (see, among others, Case 45/75 REWE Zentrale [1976] ECR 181, paragraph 11, and Case C-228/98 Dounias [2000] ECR I-577, paragraph 36). | 20 Furthermore, the underlying reasons for the special scheme for travel agents and tour operators are equally valid where the trader is not a travel agent or tour operator within the normal meaning of those terms, but effects identical transactions in the context of another activity, such as that of hotelier. | 0 |
866,982 | 40. More specifically, the existence of ‘waste’, within the meaning of Directive 2006/12, must be determined in the light of all the circumstances, regard being had to the aim of that directive and the need to ensure that its effectiveness is not undermined (see Joined Cases C‑418/97 and C‑419/97 ARCO Chemie Nederland and Others [2000] ECR I‑4475, paragraphs 73, 88 and 97; Case C‑9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, paragraph 24; and Commission v Italy , paragraph 41). | 100 It follows from the foregoing that the appeal must be upheld in so far as concerns paragraph 412 of the contested judgment and paragraph 2 in the operative part thereof. | 0 |
866,983 | 73. Although regulations imposing anti-dumping duties are legislative in nature and scope, in that they apply to all economic operators, they may nevertheless be of individual concern not only to Community producers, as complainants ( Fediol v Commission , paragraphs 27 to 30), but also, in certain circumstances, to the producers and exporters of the product in question who are alleged to be dumping, and, in certain circumstances, to importers of that product (Joined Cases C-133/87 and C-150/87 Nashua Corporation and Others v Commission and Council [1990] ECR I-719, paragraphs 14 to 20). | 23 If an examination of all similar contracts entered into on the relevant market and the other factors relevant to the economic and legal context in which the contract must be examined shows that those agreements do not have the cumulative effect of denying access to that market to new national and foreign competitors, the individual agreements comprising the bundle of agreements cannot be held to restrict competition within the meaning of Article 85(1) of the Treaty. They do not, therefore, fall under the prohibition laid down in that provision. | 0 |
866,984 | 30. Consequently, in view of the Court’s settled case-law, according to which a request for a preliminary ruling from a national court must be rejected where it appears to be quite obvious that the interpretation of Union law sought bears no relation to the facts or purpose of the main proceedings (see, inter alia, Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 25, and Jakubowska , C‑225/09, EU:C:2010:729, paragraph 28), the fourth question must be declared inadmissible.
Costs | 96 THIS SUBMISSION MUST THEREFORE BE REJECTED . | 0 |
866,985 | 51 As regards the other objectives of the common fisheries policy, suffice it to say that the Court has already ruled that, in pursuing the various objectives of the common agricultural policy set out in Article 39 of the Treaty, the Community institutions must constantly reconcile any conflicts between these objectives taken individually and, where necessary, allow any one of them temporary priority in order to satisfy the demands of the economic factors or conditions in view of which their decisions are made (Case 29/77 Roquette [1977] ECR 1835, paragraph 30). | S’agissant du grief tiré de l’atteinte au droit de propriété et de la violation du principe de proportionnalité, il importe
de rappeler que le droit de propriété n’est pas une prérogative absolue et que son exercice peut faire l’objet de restrictions
justifiées par des objectifs d’intérêt général poursuivis par l’Union (voir arrêt du 16 novembre 2011, Bank Melli Iran/Conseil,
C‑548/09 P, EU:C:2011:735, point 113). | 0 |
866,986 | 42
Hence, any withdrawal from authorised storage of goods subject to customs supervision — whether intentional or not intentional, such as a theft — without the authorisation of the customs authority constitutes unlawful removal from customs supervision for the purposes of Article 203(1) of the Customs Code and thus gives rise under that provision to a customs debt on importation (see, to that effect, the judgments of 1 February 2001, D. Wandel, C‑66/99, EU:C:2001:69, paragraphs 48 and 50; of 12 February 2004, Hamann International, C‑337/01, EU:C:2004:90, paragraph 36; and of 11 July 2013, Harry Winston, C‑273/12, EU:C:2013:466, paragraphs 30 and 33). Similarly, the Court has held that an article left for temporary storage must be deemed to have been removed from customs supervision if it is declared for an external Community transit procedure, but it does not in fact leave the storage facility and is not presented to the customs office at the place of destination, although the transit documents have been presented there (judgment of 12 June 2014, SEK Zollagentur, C‑75/13, EU:C:2014:1759, paragraph 33). | 53 The expression in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice must therefore be construed as referring only to the arrangements for paid annual leave adopted in the various Member States. As the Advocate General observed in point 34 of his Opinion, although they are free to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, by prescribing the specific circumstances in which workers may exercise that right, which is theirs in respect of all the periods of work completed, Member States are not entitled to make the existence of that right, which derives directly from Directive 93/104, subject to any preconditions whatsoever. | 0 |
866,987 | 42. Thus, the provisions of Directive 84/450 on the conditions for comparative advertising to be lawful on the one hand refer to Article 7(1), as regards the definition of misleading advertising (Article 3a(1)(a)) and, on the other hand, exclude the application of that same provision (Article 7(2)). Faced with that apparent textual contradiction, those provisions must be interpreted in such a way as to take account of the objectives of Directive 84/450 and in the light of the case-law of the Court according to which the conditions required of comparative advertising must be interpreted in the sense most favourable to it (Toshiba Europe , paragraph 37). | 37 For those reasons, the conditions required of comparative advertising must be interpreted in the sense most favourable to it. | 1 |
866,988 | 50. It is clear from well-established case-law, however, that the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (Joined Cases C-320/90 to C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraph 6; Case C‑470/04 N [2006] ECR I‑7409, paragraph 69; and the order in Case C‑305/07 RAI [2008] ECR I-55, paragraph 16). | 57 B - APART FROM THESE CONSIDERATIONS THE SAID REGULATIONS - TOGETHER WITH THE INFLUENCE EXERTED BY THE ITALIAN AUTHORITIES ON THE OPERATIONS OF THE PRODUCERS CONCERNED - WERE IN MANY RESPECTS LIKELY TO BRING ABOUT THE CONCENTRATION OF DEMAND IN ITALY IN THE HANDS OF THE LARGE PRODUCERS AND THE FORMATION OF GROUPS OF PRODUCER-IMPORTERS AND ALSO OF SUPPLIER-EXPORTERS . | 0 |
866,989 | 35. According to settled case-law, the only commercial practices which can be regarded by national law as unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the Directive are those listed in Annex I to the Directive. Consequently, a practice not covered by that annex may be declared unfair only after an examination of its unfairness in accordance with the criteria set out in Articles 5 to 9 (see, to that effect, Case C-304/08 Plus Warenhandelsgesellschaft [2010] ECR I-217, paragraphs 41 to 45, and Mediaprint Zeitungs- und Zeitschriftenverlag , paragraphs 30 to 34). | 68 In order to demonstrate that Ireland has failed to fulfil its obligations in this regard, the Commission has put forward several convincing examples of projects which, whilst considered solely in relation to their size, may none the less have significant effects on the environment by reason of their nature or location. | 0 |
866,990 | 54. In accordance with well-established case-law in the area of VAT, the term fixed establishment implies a minimum degree of stability derived from the permanent presence of both the human and technical resources necessary for the provision of given services (Case 168/84 Berkholz [1985] ECR 2251, paragraph 18; DFDS , paragraph 20; Case C‑190/95 ARO Lease [1997] ECR I‑4383, paragraph 15). It thus requires a sufficient degree of permanence and a structure adequate, in terms of human and technical resources, to supply the services in question on an independent basis ( ARO Lease , paragraph 16). | 21 Mr Roenfeldt brought proceedings to annul that decision, arguing that, irrespective of the retirement age laid down by Danish legislation, the contribution periods completed in Denmark had to be taken into account in calculating the German pension. In support of that argument he cited the social insurance convention concluded between the Federal Republic of Germany and the Kingdom of Denmark. | 0 |
866,991 | 41. As the Court has stated several times, citizenship of the Union is intended to be the fundamental status of nationals of the Member States (see, inter alia, Case C‑184/99 Grzelczyk [2001] ECR I‑6193, paragraph 31; Case C‑413/99 Baumbast and R [2002] ECR I‑7091, paragraph 82; Garcia Avello , paragraph 22; Zhu and Chen , paragraph 25; and Rottmann , paragraph 43). | 31 Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. | 1 |
866,992 | 38. It should in this regard be borne in mind that, although the desire to avoid disturbances on the labour market is undoubtedly an overriding reason of general interest (see, to that effect, Case C-113/89 Rush Portuguesa [1990] ECR I-1417, paragraph 13), workers employed by an undertaking established in a Member State and who are deployed to another Member State for the purposes of providing services there do not purport to gain access to the labour market of that second State, as they return to their country of origin or residence after the completion of their work (see Rush Portuguesa , paragraph 15; Vander Elst , paragraph 21; and Finalarte , paragraph 22). | 24. S’agissant de la première condition, relative au contrôle de l’autorité publique, il ressort de la jurisprudence de la Cour qu’il convient de tenir compte non seulement de l’ensemble des dispositions législatives, mais également des circonstances pertinentes du cas d’espèce. Il doit résulter de cet examen que la société adjudicataire est soumise à un contrôle permettant au pouvoir adjudicateur d’influencer les décisions de cette société. Il doit s’agir d’une possibilité d’influence déterminante tant sur les objectifs stratégiques que sur les décisions importantes de ladite société (voir arrêts du 13 octobre 2005, Parking Brixen, C‑458/03, Rec. p. I‑8585, point 65, ainsi que du 11 mai 2006, Carbotermo et Consorzio Alisei, C‑340/04, Rec. p. I‑4137, point 36). | 0 |
866,993 | 30 In that regard, it should be borne in mind that, according to the settled case-law of the Court, the choice of the legal basis for a Community measure must rest on objective factors which are amenable to judicial review, including in particular the aim and the content of the measure (see, inter alia, Case C-300/89 Commission v Council [1991] ECR I-2867, known as `Titanium dioxide', paragraph 10, and Case C-269/97 Commission v Council [2000] ECR I-2257, paragraph 43). | 10 It must first be observed that in the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review (see the judgment in Case 45/86 Commission v Council [1987] ECR 1493, paragraph 11). Those factors include in particular the aim and content of the measure. | 1 |
866,994 | 24. Cette exigence ne saurait toutefois aller jusqu’à imposer en toute hypothèse une coïncidence parfaite entre les dispositions nationales qui sont mentionnées dans l’avis motivé et celles qui apparaissent dans la requête. Lorsqu’un changement législatif est intervenu entre ces deux phases de procédure, il suffit en effet que le système mis en place par la législation contestée au cours de la procédure précontentieuse ait été, dans son ensemble, maintenu par les nouvelles mesures adoptées par l’État membre postérieurement à l’avis motivé et qui sont attaquées dans le cadre du recours (voir, notamment, arrêt Commission/Belgique, C‑221/03, EU:C:2005:573, point 39 et jurisprudence citée). | 65. Although that court is at liberty to request the parties to the dispute before it to suggest wording suitable for the question to be referred, the fact remains that it is for it alone ultimately to decide both its form and content. | 0 |
866,995 | 21. However, it is settled case-law that the wording used in one language version of European Union law provisions cannot serve as the sole basis for the interpretation of those provisions. Where there is a divergence between the various language versions of a European Union text, the provisions in question must thus be interpreted by reference to the general scheme and the purpose of the rules of which they form part (see Case C-149/97 Institute of the Motor Industry [1998] ECR I-7053, paragraph 16 and the case-law cited, and Case C-277/12 Drozdovs [2013] ECR, paragraph 39 and the case-law cited). | 33 In such circumstances, as the Commission correctly observes, a tax such as that introduced by the tax regulation is liable to dissuade the recipients of the television broadcasting services established in the municipality of Watermael-Boitsfort from seeking access to television programmes broadcast from other Member States, since the reception of such programmes is subject to a charge which does not apply to the reception of programmes coming from broadcasters established in Belgium. | 0 |
866,996 | 68
In that regard, it must be recalled that, in the judgment of 6 December 2012, O and Others (C‑356/11 and C‑357/11, EU:C:2012:776, paragraphs 51 and 56), the Court held that factors of relevance, for the purposes of determining whether a refusal to grant a right of residence to a third-country national parent of a child who is a Union citizen means that that child is deprived of the genuine enjoyment of the substance of the rights conferred on him by that status, include the question of who has custody of the child and whether that child is legally, financially or emotionally dependent on the third-country national parent. | 32. Dans ses observations écrites, Baby Dan soutient également que l’article en cause n’est pas apte à supporter les moments de rotations auxquels les vis et les boulons sont normalement exposés et qu’une telle particularité empêche le classement de cet article dans la position 7318 de la NC. | 0 |
866,997 | 49. It should be observed that, since the wording of Article 13 of Decision No 1/80 does not stipulate any particular date from which the standstill rule is to apply, the existence of ‘new restrictions’, within the meaning of that article, may be assessed in relation to the date of entry into force of the text in which it appears, this being, in the present cases, the date on which Decision No 1/80 entered into force. Furthermore, the Court has referred to that starting point on several occasions. Thus, in paragraph 49 of the judgment in Case C‑92/07 Commission v Netherlands , the Court held that Article 13 of Decision No 1/80 precludes the introduction into Netherlands law, as from the date on which that decision entered into force in the Netherlands, of any new restrictions on the exercise of the free movement of workers (see also, inter alia, Abatay and Others , paragraph 74, and Sahin , paragraph 63; see, by way of analogy, as regards the standstill rule laid down in Article 41(1) of the Additional Protocol, Abatay and Others , paragraph 66, and Soysal and Savatli , paragraph 47). | 66. However, it is clear from paragraph 69 of Savas that the "standstill" clause in Article 41(1) of the Additional Protocol precludes a Member State from adopting any new measure having the object or effect of making the establishment and, as a corollary, the residence of a Turkish national in its territory subject to stricter conditions than those which applied at the time when the Additional Protocol entered into force with regard to the Member State concerned. | 1 |
866,998 | 28. Conformément à l’article 5, paragraphe 2, de cette directive, une pratique commerciale est déloyale si elle est contraire aux exigences de la diligence professionnelle et altère ou est susceptible d’altérer de manière substantielle le comportement économique du consommateur moyen par rapport au produit (arrêts précités VTB-VAB et Galatea, point 54, ainsi que CHS Tour Services, point 36). | 24 The Hellenic Republic claims that the application should be dismissed. It does not deny that in Greece posts in the areas in question are generally reserved for its own nationals. However, it points out, first, that, as far as sea transport is concerned, on 31 December 1992 the President of the Republic adopted Decree No 12/1992 on access to posts in the Greek Merchant Marine by nationals of Member States of the European Community and recognition of periods at sea served by Greek sailors on vessels registered in Member States of the European Community for the purpose of the grant of maritime efficiency certificates. That decree entered into force on 1 February 1993 and was notified to the Commission on 18 March 1993. Consequently, the action is devoid of purpose on this point. | 0 |
866,999 | 55. Selon une jurisprudence constante de la Cour, 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 (voir, notamment, arrêt Commission/Belgique, C–421/12, EU:C:2014:2064, point 45 et jurisprudence citée). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
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