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867,000 | 31. In that connection, it should be noted that the reference, in Regulation No 261/2004, to different types of delay is compatible with Article 19 of the Montreal Convention, that convention being an integral part of the EU legal order (see Case C-344/04 IATA and ELFAA [2006] ECR I-403, paragraph 36, and Case C-63/09 Walz [2010] ECR I-4239, paragraphs 19 and 20). Article 19 of the Montreal Convention refers to the concept of ‘delay in the carriage by air of passengers’, without specifying at which stage of such carriage the delay in question must occur. | 39. It is widely acknowledged that a growing number of persons in the European Union, following a reduction in their independence, often because of their advanced age, are in a situation of reliance on others to carry out the basic routines of everyday life. | 0 |
867,001 | 30. According to the Court, that interpretation results in the exclusion of certain legal actions and judicial decisions from the scope of the Brussels Convention, by reason either of the legal relationships between the parties to the action or of the subject-matter of the action (see LTU , paragraph 4; Rüffer , paragraph 14; Baten , paragraph 29; Préservatrice foncière TIARD , paragraph 21; ČEZ , paragraph 22; and Case C‑167/00 Henkel [2002] ECR I-8111, paragraph 29). | 54. A private copying levy system, such as that at issue in the main proceedings, which does not, as regards the calculation of the fair compensation payable to its recipients, distinguish the situation in which the source from which a reproduction for private use has been made is lawful from that in which that source is unlawful, does not respect the fair balance referred to in the preceding paragraph. | 0 |
867,002 | 62
Secondly, the Court points out that, in accordance with Article 4(2) of Directive 93/13, the terms relating to the main subject matter of the contract or the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, although following within the scope of that directive, are exempt from the assessment as to whether they are unfair only in so far as the competent national court considers, following an examination on a case-by-case basis, that they have been drafted by the seller or supplier in plain, intelligible language (see, to that effect, judgments of 30 April 2014, Kásler and Káslerné Rábai, C‑26/13, EU:C:2014:282, paragraph 41, and of 9 July 2015, Bucura, C‑348/14, EU:C:2015:447, paragraph 50). | 26. According to settled case-law, fundamental rights form an integral part of the general principles of law whose observance the Court ensures (see, in particular, Opinion of the Court 2/94 [1996] ECR I‑1759, paragraph 33). For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or to which they are signatories. In that regard, the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’) has special significance (see, in particular, Case 222/84 Johnston [1986] ECR 1651, paragraph 18, and Case C-7/98 Krombach [2000] ECR I-1935, paragraph 25). | 0 |
867,003 | 59. It is by the statement of objections that the undertaking concerned is informed of all the essential evidence on which the Commission relies at that stage of the procedure (Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99 P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 315 and 316, and Aalborg Portland and Others v Commission , paragraphs 66 and 67). Consequently, it is only after notification of the statement of objections that the undertaking is able to rely in full on the rights of the defence (Case C‑105/04 P Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission [2006] ECR I‑0000, paragraphs 47 and 50). | 58. Investments in property such as those made within Netherlands territory by Mr Barbier, acting from Belgium, clearly constitute "movements of capital" within the meaning of Article 1(1) of Directive 88/361, as does the transfer of immovable property by its sole owner to a private company in which he holds all the shares, as well as the inheritance of that property. | 0 |
867,004 | 98 In that regard, it must be borne in mind that the abolition, by means of recovery, of State aid which has been unlawfully granted is the logical consequence of a finding that it is unlawful (Case C-142/87 Belgium v Commission (Tubemeuse) [1990] ECR I-959, paragraph 66) and that the aim of obliging the State concerned to abolish aid found by the Commission to be incompatible with the common market is to restore the previous situation (Case C-350/93 Commission v Italy [1995] ECR I-699, paragraph 21, and Case C-75/97 Belgium v Commission [1999] ECR I-3671, paragraph 64). | 22. It should be noted in that regard that Article 18 EC, which sets out generally the right of every citizen of the Union to move and reside freely within the territory of the Member States, finds specific expression in Article 43 EC (Case C‑193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 22). | 0 |
867,005 | 102. As is maintained by the parties to the main action, the Member States which have submitted observations to the Court and the Commission, Article 30 EC continues to apply in relation to the manufacture and marketing of specialised pharmaceutical products as long as harmonisation of national rules has not been fully achieved in those areas (see Schumacher , paragraph 15; Delattre , paragraph 48; Eurim-Pharm , paragraph 26; Commission v Germany , paragraph 10; and Ortscheit , paragraph 14). In that regard, it should be noted that the sale of medicinal products to end consumers has not been subject to full Community harmonisation. | 37. Potential tenderers must be in a position to ascertain the existence and scope of those elements when preparing their tenders (see, to that effect, in relation to public service contracts, Concordia Bus Finland , paragraph 62, and ATI EAC and Others , paragraph 23). | 0 |
867,006 | 65. It should be noted that, according to the Court’s case-law, the three conditions referred to in paragraph 47 of the present judgment are sufficient to give rise to a right to reparation for individuals (see Brasserie du Pêcheur and Factortame , paragraph 66, and Köbler , paragraph 57). | 40. As regards detriment to the repute of the mark, also referred to as ‘tarnishment’ or ‘degradation’, such detriment is caused when the goods or services for which the identical or similar sign is used by the third party may be perceived by the public in such a way that the trade mark’s power of attraction is reduced. The likelihood of such detriment may arise in particular from the fact that the goods or services offered by the third party possess a characteristic or a quality which is liable to have a negative impact on the image of the mark. | 0 |
867,007 | 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. | 21. In those circumstances, even though professional experience acquired by Community nationals outside Italy is indeed taken into account in recruitment of supply teachers from lists, it is not always taken into account in the same manner as similar experience acquired within Italy, without the slighte st justification in that regard having been given by the Italian Government. | 0 |
867,008 | 27. It is clear from the case-law of the Court that Member States must comply with the obligations arising under the first sentence of Article 4(4) of the Birds Directive, even where the areas in question have not been classified as SPAs, provided that they should have been so classified (see Case C-166/97 Commission v France [1999] ECR I-1719, paragraph 38, and Case C‑388/05 Commission v Italy [2007] ECR I‑0000, paragraph 18). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,009 | 44 In order to answer the questions as thus reformulated, it should be remembered at the outset that, according to settled case-law, Community law does not detract from the power of the Member States to organise their social security systems (Case 238/82 Duphar and Others [1984] ECR 523, paragraph 16, Case C-70/95 Sodemare and Others [1997] ECR I-3395, paragraph 27, and Case C-158/96 Kohll [1998] ECR I-1931, paragraph 17). | 26 LA MOTIVATION DU REGLEMENT N 3023/77 NE REPOND PAS A CETTE OBLIGATION . ELLE NE FOURNIT EN EFFET AUCUNE EXPLICATION QUANT A LA RAISON POUR LAQUELLE LE CONSEIL , APRES AVOIR CONSTATE QUE LE REGLEMENT N 1544/69 NE TROUVAIT PAS A S ' APPLIQUER DANS LES CIRCONSTANCES EVOQUEES CI-DESSUS ET CE CONTRAIREMENT A UNE PRATIQUE QUI S ' ETAIT INSTAUREE , A CRU NECESSAIRE D ' ETABLIR UN SYSTEME DE FRANCHISE PARTICULIER APPLICABLE A CE TYPE DE SITUATION . UNE TELLE CONTRADICTION DANS LA MOTIVATION EST D ' AUTANT PLUS SERIEUSE QU ' ELLE CONCERNE UNE DISPOSITION QUI AUTORISE LES ETATS MEMBRES A ACCORDER DES FRANCHISES , FUSSENT-ELLES MINIMES , DES DROITS A L ' IMPORTATION , LESQUELS CONSTITUENT UN ELEMENT ESSENTIEL DE LA POLITIQUE AGRICOLE COMMUNE . DANS CES CONDITIONS , LA MOTIVATION NE FOURNIT AUCUN SUPPORT JURIDIQUE AUX DISPOSITIONS REGLEMENTAIRES CONTESTEES DONT IL N ' APPARAIT PAS DES LORS NECESSAIRE D ' EXAMINER LE FOND EN VUE D ' ETABLIR SI ELLES SONT COMPATIBLES AVEC LES REGLES DU MARCHE COMMUN .
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867,010 | 31. It is for the Community legislature to establish the Community system of exclusions from the right to deduct VAT and thereby to bring about the progressive harmonisation of national VAT legislation. Community law does not yet contain any provision listing the expenditure excluded from the right to deduct VAT (see, to that effect, Case C‑345/99 Commission v France [2001] ECR I-4493, paragraph 20; Metropol and Stadler , paragraph 44; and Case C‑280/04 Jyske Finans [2005] ECR I-10683, paragraph 23). | 66. Clearly, by prohibiting heavy vehicles of more than 7.5 tonnes carrying certain categories of goods from travelling along a road section of paramount importance, constituting one of the main routes of land communication between southern Germany and northern Italy, the contested regulation obstructs the free movement of goods and, in particular, their free transit. | 0 |
867,011 | 33. The applicants in the main proceedings must therefore be regarded as the recipients of a service which consists in the grant, in return for payment, of the exploitation of a right to hunt in an area of land for a limited time (see, to that effect, Case C‑97/08 Jägerskiöld [1999] ECR I‑7319, paragraph 36). | 134. It follows that Annex II A to the Directive refers to all fertilisers, not merely those which, like livestock manure, are of organic origin. | 0 |
867,012 | 69. In those circumstances, on the same grounds as those given in paragraphs 88 to 107 of the judgment in Specht and Others (C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005), the answer to Question 4 is as follows:
– in circumstances such as those of the case before the referring court, EU law does not require judges who have been discriminated against to be retrospectively granted an amount equal to the difference between the pay actually received and that corresponding to the highest step in their grade;
– it is for the referring court to ascertain whether all the conditions laid down by the case-law of the Court are met for the Federal Republic of Germany to have incurred liability under EU law.
Question 5 | 62. When the use by a third party, such as a competitor of the trade mark proprietor, of a sign identical with the trade mark in relation to goods or services identical with those for which the mark is registered substantially interferes with the proprietor’s use of its trade mark to acquire or preserve a reputation capable of attracting consumers and retaining their loyalty, the third party’s use must be regarded as adversely affecting the trade mark’s investment function. The proprietor is, as a consequence, entitled to prevent such use under Article 5(1)(a) of Directive 89/104 or, in the case of a Community trade mark, under Article 9(1)(a) of Regulation No 40/94. | 0 |
867,013 | 20. Since that service encompasses various actions, it must, in the first place, be determined whether, for VAT purposes, and in particular the interpretation of the provision referred to in the questions referred, Denplan supplies its clients with several distinct and independent services requiring separate assessment or a single complex service comprising several elements (see, to that effect, in particular Case C‑41/04 Levob Verzekeringen and OV Bank [2005] ECR I‑9433, paragraphs 18 and 20; Case C‑425/06 Part Service [2008] ECR I‑897, paragraphs 48 and 49; and Case C‑461/08 Don Bosco Onroerend Goed [2009] ECR I‑11079, paragraph 34). | 27 THE COMMISSION CRITICIZES THE KINGDOM OF THE NETHERLANDS FOR NOT MENTIONING IN ARTICLE 23 OF THE VOGELWET OR IN ARTICLE 14 OF THE VOGELBESLUIT ALL THE METHODS OF CAPTURE WHICH ARE PROHIBITED BY VIRTUE OF ARTICLE 8 AND ANNEX IV*(A ) TO THE DIRECTIVE, AND FOR GRANTING EXCEPTIONS, IN ARTICLES 15, 16 AND 17 OF THE VOGELBESLUIT, TO THE PROHIBITION LAID DOWN IN ARTICLE 8 OF THE DIRECTIVE ON THE USE OF CERTAIN MEANS OF CAPTURE WHICH ARE INCOMPATIBLE WITH ARTICLE 9*(1 ) OF THE DIRECTIVE . | 0 |
867,014 | 29
However, the Court has also previously held that the principle of equal treatment does not preclude the correction or amplification of details of a tender, where it is clear that they require clarification or where it is a question of the correction of obvious clerical errors, subject, however, to the fulfilment of certain requirements (see, to that effect, in the context of tendering procedures under Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114), judgments of 29 March 2012, SAG ELV Slovensko and Others, C‑599/10, EU:C:2012:191, paragraphs 35 to 45, concerning the evaluation of offers stage, and of 10 October 2013, Manova, C‑336/12, EU:C:2013:647, paragraphs 30 to 39, concerning the stage of pre-selection of tenderers). | 92. To that end, the FEU Treaty has established, by Articles 263 and 277, on the one hand, and Article 267, on the other, a complete system of legal remedies and procedures designed to ensure judicial review of the legality of European Union acts, and has entrusted such review to the Courts of the European Union (see Case 294/83 Les Verts v Parliament [1986] ECR 1339, paragraph 23; Unión de Pequeños Agricultores v Council , paragraph 40; Reynolds Tobacco and Others v Commission , paragraph 80; and Case C‑59/11 Association Kokopelli [2012] ECR I‑0000, paragraph 34). | 0 |
867,015 | 72. In that connection, it should be borne in mind that, according to settled case-law, the principle of proportionality requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it (Case C-434/02 Arnold André [2004] ECR I-11825, paragraph 45; Case C-210/03 Swedish Match [2004] ECR I-11893, paragraph 47; and Joined Cases C-453/03, C‑11/04, C-12/04 and C‑194/04 ABNA and Others [2005] ECR I-0000, paragraph 68). | 27 On the basis of those considerations, the answer to the question raised must be that, on a proper construction of Article 9(1) of the Sixth Directive, a leasing company established in one Member State does not supply services from a fixed establishment in another Member State if it makes passenger cars available in the second State under leasing agreements to customers established there, if its customers have entered into contact with it through self-employed intermediaries established in the second State, if they have chosen their cars from dealers established in the second State, if the leasing company has acquired the cars in the second State, in which they are registered, and has made them available to its customers under leasing agreements drawn up and signed at its main place of business, and if the customers bear maintenance costs and pay road tax in the second State, but the leasing company does not have an office or any premises on which to store the cars there. | 0 |
867,016 | 48. It is settled case-law that if the national court finds that the national provision laying down the time-limit is not compatible with the requirements of Community law and that no compatible interpretation of that provision is possible, that court must refuse to apply it (see, to that effect, Case 106/77 Simmenthal [1978] ECR 629, paragraph 21, Case C-91/92 Faccini Dori [1994] ECR I-3325, paragraph 26, and Case C-188/00 Kurz [2002] ECR I-10691, paragraph 69). | 60 Those points in the Decision contain an adequate statement of reasons for the reductions in the fines. | 0 |
867,017 | 22. Article 253 EC provides, in particular, that decisions adopted by the Commission are to state the reasons on which they are based. The obligation to give reasons for a decision adversely affecting the addressee is intended to enable the Court to review the legality of the decision and to give the person concerned details sufficient to allow him to ascertain whether the decision is well founded or whether it is vitiated by an error which will allow its legality to be contested (see, in particular, Case 195/80 Michel v Parliament [1981] ECR 2861, paragraph 22). | 42. The issue of whether an applicant is acting in bad faith must be the subject of an overall assessment, taking into account all the factors relevant to the particular case (see, by way of analogy, Case C‑529/07 Chocoladefabriken Lindt & Sprüngli [2009] ECR I‑0000, paragraph 37). | 0 |
867,018 | 40. In that regard, it is immaterial that such needs are also met or can be met by private undertakings. It is important that they should be needs which, for reasons in the general interest, the State or a regional authority generally chooses to meet itself or over which it wishes to retain a decisive influence (see, to that effect, Case C‑360/96 BFI Holding [1998] ECR I‑6821, paragraphs 44, 47, 51 and 53, and Joined Cases C‑223/99 and C‑260/99 Agorà and Excelsior [2001] ECR I‑3605, paragraphs 37, 38 and 41). | 43. The provisions set out in Annex VI to the 2003 Act of Accession are thus the subject of an agreement between the Member States and the acceding States and constitute provisions of primary law (see, to that effect, Joined Cases 31/86 and 35/86 LAISA and CPC España v Council [1988] ECR 2285, paragraph 12). | 0 |
867,019 | 55
Such national legislation constitutes a significant interference in certain freedoms which economic operators generally enjoy (see, by analogy, judgment of 28 April 2009, Commission v Italy , C‑518/06, EU:C:2009:270, paragraph 66). That is true of the freedom of economic operators to enter into contracts with workers in order to be able to carry out their activities or the freedom, for their own reasons, to bring the activity of their establishment to an end, and their freedom to decide whether and when they should formulate plans for collective redundancies on the basis, in particular, of factors such as a cessation or reduction of the activity of the undertaking or a decline in demand for the product which they manufacture, or as a result of new working arrangements within an undertaking unconnected with its level of activity (see, to that effect, judgments of 12 February 1985, Dansk Metalarbejderforbund and Specialarbejderforbundet i Danmark , 284/83, EU:C:1985:61, paragraph 15, and of 8 June 1994, Commission v United Kingdom , C‑383/92, EU:C:1994:234, paragraphs 29 and 32). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
867,020 | 20. It should be noted at the outset that the fact that the national court has formulated the question referred for a preliminary ruling with reference to certain provisions of Community law does not preclude the Court from providing to the national court all the elements of interpretation which may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to them in its questions (see, in particular, Case C-241/89 SARPP [1990] ECR I-4695, paragraph 8, and Case C-456/02 Trojani [2004] ECR I-7573, paragraph 38). | 15. In this connection, it follows from Article 3(1) of Directive 2001/29 that every act of communication of a work to the public has to be authorised by the copyright holder. | 0 |
867,021 | 24. In answering that question, the only test mentioned in Article 6(1) of Directive 89/104 is whether the indication of geographical origin is used in accordance with honest practices in industrial or commercial matters. The condition of " honest practice" constitutes in substance the expression of a duty to act fairly in relation to the legitimate interests of the trade mark owner ( BMW , cited above, paragraph 61). | 30. The outcome desired by Mrs Sass is an early promotion to the higher salary grade. The key question, for the purposes of achieving that outcome, is whether the whole of her maternity leave can be included in the qualifying period for classification in a higher grade, in this case a higher salary grade. Thus, it must be held that, in the present case, the higher salary is simply a consequence of the inclusion of that maternity leave in the qualifying period. | 0 |
867,022 | 50
Finally, as the Court has already stated, Article 54 of the CISA necessarily implies that the Contracting States have mutual trust in their criminal justice systems and that each of them recognises the criminal law in force in the other Contracting States even when the outcome would be different if its own national law were applied (judgment of 11 December 2008 in Bourquain, C‑297/07, EU:C:2008:708, paragraph 37 and the case-law cited). | 20. It follows from the foregoing that, in order to decide which court has jurisdiction to hear and determine a specific action brought against the Community seeking compensation for damage, it is necessary to determine whether the action in question concerns the Community’s contractual liability or its non-contractual liability. | 0 |
867,023 | 39. As to the merits, it must be recalled that, according to the settled case-law of the Court of Justice, the obligation of the General Court to state reasons does not require it to carry out an analysis which follows exhaustively and one by one all the arguments formulated by the parties to the case. The reasoning may therefore be implicit on condition that it enables the persons concerned to know why the decision in question has been taken and provides the Court of Justice with sufficient material for it to exercise its power of review, as in the present case (see, inter alia, Aalborg Portland and Others v Commission , paragraph 372; Case C‑16/07 P Chetcuti v Commission [2008] ECR I‑7469, paragraph 87; and Case C‑440/07 P Commission v Schneider Electric [2009] ECR I‑6413, paragraph 135). | 11 AS EXPLAINED ABOVE ONE OF THE PRINCIPAL OBJECTIVES OF THAT ORGANIZATION IS TO ENSURE THAT MILK PRODUCERS CAN OBTAIN A PRICE FOR THAT PRODUCT IN THE REGION OF THE TARGET PRICE . THE MECHANISMS INSTITUTED BY THE REGULATION AND DESIGNED TO ACHIEVE THAT END , WHICH HAVE ALREADY BEEN DESCRIBED , ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMMUNITY .
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867,024 | 23. The Court also observed that, regarding the place of performance of the obligations arising from contracts for the sale of goods, the regulation, in the first indent of Article 5(1)(b), defines that criterion of a link autonomously, in order to reinforce the objectives of unification of the rules of jurisdiction and predictability. Accordingly, in such cases the place of delivery of the goods is established as the autonomous linking factor to apply to all claims founded on one and the same contract of sale ( Color Drack , paragraphs 24 and 26; Rehder , paragraph 33; and Car Trim , paragraphs 49 and 50). | 115. As submitted by both Impact and the Commission, to interpret Clause 4 of the framework agreement as categorically excluding from the term ‘employment conditions’ for the purposes of that clause financial conditions such as those relating to remuneration and pensions, effectively reduces – contrary to the objective attributed to that clause – the scope of the protection against discrimination for the workers concerned by introducing a distinction based on the nature of the employment conditions, which the wording of that clause does not in any way suggest. | 0 |
867,025 | 73. In that connection, it should be recalled that the requirement of transparency of contractual terms laid down by Articles 4(2) and 5 of Directive 93/13, which, moreover, have identical scope, cannot be reduced merely to their being formally and grammatically intelligible (see, to that effect, Kásler and Káslerné Rábai , EU:C:2014:282, paragraphs 69 and 71). | 70. The Federal Republic of Germany cannot therefore claim that the setting off of the tax paid in Germany against the tax payable in the other Member State, pursuant to the double taxation conventions, allows in every case the neutralisation of the difference of treatment resulting from the application of the provisions of national tax legislation or of those conventions whose effect is to reduce the rate of the withholding tax (see also Commission v Italy , paragraph 39, and Commission v Spain , paragraph 64). | 0 |
867,026 | 27. In this respect, the verb ‘to discard’ must be interpreted in the light not only of the aims of Directive 75/442, that is, the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, but also of Article 174(2) EC. The latter provides that ‘Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the [principle] that preventive action should be taken …’. The verb ‘to discard’ therefore cannot be interpreted restrictively (see, to that effect, Joined Cases C‑418/97 and C-419/97 ARCO Chemie Nederland and Others [2000] ECR I-4475, paragraphs 36 to 40). | 23. Unlike the situations in Cadbury Schweppes and Cadbury Schweppes Overseas (paragraphs 31 and 32) and Test Claimants in the Thin Cap Group Litigation (paragraphs 28 to 33), the Austrian legislation in the present case is not intended to apply only to those shareholdings which enable the holder to have a definite influence on a company’s decisions and to determine its activities. | 0 |
867,027 | 19 It must, finally, be borne in mind that it is clear from the Court's case-law with regard to the implementation of directives that mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State's obligations under the EC Treaty (see, in particular, Case C-394/00 Commission v Ireland [2002] ECR I-581, paragraph 13). | 13 In the present case it is not disputed that, at the end of the period of two months fixed in the reasoned opinion, Directive 96/82 had not in fact been transposed into Irish law and, that being so, the action brought by the Commission must be considered to be well founded. | 1 |
867,028 | 47. Fourthly, with regard to Skoma-Lux’s argument that since the red dessert wine Kagor VK is intended to be drunk as wine, it should be classified under heading 2204 of the CN, it should be noted that, whilst, the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C‑183/06 RUMA [2007] ECR I‑1559, paragraph 36, and Roeckl Sporthandschuhe , paragraph 28), the intended use of the product is a relevant criterion only where the classification can be made on the sole basis of the objective characteristics and properties of the product (see, to that effect, Case 38/76 Industriemetall LUMA [1976] ECR 2027, paragraph 7). In this case, it follows from all of the foregoing that, in the light of its objective characteristics and properties, the beverage in question clearly comes exclusively under heading 2206 of the CN. | 40 The tenor and scope of that concept thus clearly cannot differ depending whether it is used in Annex I or Annex II of the Directive. | 0 |
867,029 | 55. It is clear from that case-law of the Court which pre-dates the facts of the main proceedings that working time spent on call or on stand-by where the worker concerned must be physically present at his place of work is included within the concept of ‘working time’ within the meaning of Directive 2003/88 and that, therefore, that concept precludes a period of average weekly working time which, since it includes such periods of time on call or on stand-by, exceeds the maximum weekly limit laid down in Article 6(b) of that directive (see Simap , paragraphs 46 to 52; the order in CIG , paragraphs 33 and 34; and Jaeger , paragraphs 68 to 71, 78 and 79). | 32. Conformément à une jurisprudence constante de la Cour, la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité (arrêts du 14 avril 2011, Commission/Pologne, C-331/09, Rec. p. I-2933, point 54, ainsi que du 28 juillet 2011, Diputación Foral de Vizcaya e.a./Commission, C‑471/09 P à C-473/09 P, point 100). Partant, l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288, quatrième alinéa, TFUE, de prendre toutes les mesures propres à assurer l’exécution de ladite décision (voir, notamment, arrêts du 26 juin 2003, Commission/Espagne, C-404/00, Rec. p. I-6695, point 21, et Commission/Pologne, précité, point 55). | 0 |
867,030 | 108. When national courts apply domestic law, they are bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive and consequently comply with the third paragraph of Article 249 EC (see, inter alia, Joined Cases C-397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I-8835, paragraph 113, and the case-law cited). This obligation to interpret national law in conformity with Community law concerns all provisions of national law, whether adopted before or after the directive in question (see, inter alia, Case C-106/89 Marleasing [1990] ECR I‑4135, paragraph 8, and Pfeiffer and Others , paragraph 115). | 43. Une législation nationale, telle que celle en cause au principal, qui a pour effet de réduire la période pendant laquelle peuvent être introduits des recours en vue de demander la restitution de l’indu, de six ans à compter de la découverte de l’erreur à l’origine du paiement de l’impôt indu à six ans à compter du jour du paiement de celui-ci, en prévoyant qu’un tel effet s’applique immédiatement à toutes les demandes introduites après la date d’adoption de cette législation ainsi qu’aux demandes introduites entre cette dernière date et une date antérieure, correspondant en l’occurrence à la date à laquelle la proposition d’adoption de cette législation a été annoncée, qui constitue la date d’entrée en vigueur de ladite législation, ne satisfait pas à l’exigence d’un régime transitoire. Une telle législation rend impossible en pratique l’exercice d’un droit au remboursement d’impôts indûment versés dont les contribuables disposaient précédemment. Il s’ensuit qu’une législation nationale telle que celle en cause au principal doit être considérée comme étant incompatible avec le principe d’effectivité.
Sur les principes de sécurité juridique et de protection de la confiance légitime | 0 |
867,031 | 68. First of all, as was observed by the Advocate General in points 138 and 139 of his Opinion, in order to determine whether the sale of land by the public authorities to a private individual constitutes State aid, the Commission must apply the private investor test, to determine whether the price paid by the presumed recipient of the aid corresponds to the selling price which a private investor, operating in normal competitive conditions, would be likely to have fixed. As a rule, the application of that test requires the Commission to make a complex economic assessment (see, to that effect, Case C-56/93 Belgium v Commission [1996] ECR-I 723, paragraphs 10 and 11, and Joined Cases C‑328/99 and C‑399/00 Italy and SIM 2 Multimedia v Commission [2003] ECR I‑4035, paragraphs 38 and 39). | 38. Ainsi, en vertu de cet article 29, la valeur en douane des marchandises importées est constituée par leur valeur transactionnelle, à savoir le prix effectivement payé ou à payer pour les marchandises lorsqu’elles sont vendues pour l’exportation à destination du territoire douanier de l’Union, sous réserve toutefois des ajustements devant être effectués conformément aux articles 32 et 33 de ce même code. | 0 |
867,032 | 23. According to settled case-law, the aim of Directive 2001/23 is to ensure the continuity of employment relationships within an economic entity, irrespective of any change of ownership. The decisive criterion for establishing the existence of a transfer within the meaning of that directive is therefore whether the entity in question retains its identity, as indicated inter alia by the fact that its operation is actually continued or resumed (see, inter alia, Case 24/85 Spijkers [1986] ECR 1119, paragraphs 11 and 12, and Joined Cases C-232/04 and C-233/04 Güney‑Görres and Demir [2005] ECR I-11237, paragraph 31 and case-law cited). | 9 IN THOSE CIRCUMSTANCE THE POSSIBILITY THAT THE FRENCH REPUBLIC MIGHT DECIDE NOT TO MAKE USE OF THE AUTHORIZATION GRANTED TO IT BY THE COMMISSION DECISION WAS ENTIRELY THEORETICAL , SINCE THERE COULD BE NO DOUBT AS TO THE INTENTION OF THE FRENCH AUTHORITIES TO APPLY THE DECISION .
| 0 |
867,033 | 40 In the context of the pursuit of that objective, all Community producers, regardless of the Member State in which they are based, must together, in a spirit of solidarity and equality, bear the consequences of the decisions which the Community institutions are led to adopt in the exercise of their powers in order to respond to the risk of an imbalance which may arise in the market between production and market outlets (judgments cited above in France and Ireland v Commission, paragraph 50 and Zaninotto, paragraph 47). | 23 In that connection, it should be made clear that the temporary maintenance of different retirement ages according to sex may necessitate the subsequent adoption, after expiry of the period prescribed for transposition of the Directive, of measures indissociable from that derogation and also amendments to such measures. | 0 |
867,034 | 92. It is apparent from the Court’s case-law that failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual, such as a failure on the part of the Commission to have adopted a decision within the time-limit prescribed by the EU legislature, constitutes an infringement of essential procedural requirements, which it is a matter for the EU judicature to raise of its own motion (see judgments in Spain v Commission , C‑192/13 P, EU:C:2014:2156, paragraph 103; Spain v Commission , C‑197/13 P, EU:C:2014:2157, paragraph 103 and the case-law cited; and Spain v Commission , C‑429/13 P, EU:C:2014:2310, paragraph 34). | 34. In addition, it is the Court’s settled case-law that failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual, such as failure by the Commission to adopt the decision at issue within the time-limit laid down by the Union legislature, constitutes an infringement of essential procedural requirements (see judgments in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49; Spain v Commission , EU:C:2014:2156, paragraph 103; and Spain v Commission , EU:C:2014:2157, paragraph 103), and that if the Union judicature finds, on examining the act in question, that it was not adopted as required it must raise the matter of infringement of procedural requirements of its own motion and, in consequence, annul the act so vitiated (see judgment in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51; Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55; Spain v Commission , EU:C:2014:2156, paragraph 103; and Spain v Commission , EU:C:2014:2157, paragraph 103). | 1 |
867,035 | 35. As the Court has already held on the basis of a number of recitals in the preamble to Directive 96/9, including recitals 39, 42 and 48, that objective is to stimulate the establishment of data storage and processing systems which contribute to the development of an information market against a background of exponential growth in the amount of information generated and processed annually in all sectors of activity (see, inter alia, The British Horseracing Board and Others , paragraphs 30 and 31; Case C‑46/02 Fixtures Marketing [2004] ECR I‑10365, paragraph 33; and Case C‑604/10 Football Dataco and Others [2012] ECR I‑0000, paragraph 34). | 62. The Court has, it is true, acknowledged that, in order to maintain the link between the deductibility of premiums and the taxation of sums due from insurers in the implementation of insurance contracts, tax deductibility of the premiums is subject to the condition that they be paid in that State ( Bachmann , cited above, paragraphs 21 to 23; Case C-300/90 Commission v Belgium [1992] ECR I-305, paragraphs 14 to 20). | 0 |
867,036 | 17 Furthermore, as the Court held in its judgment in Case 427/85 Commission v Germany [1988] ECR 1123, at paragraph 13, Article 5 of Directive 77/249 may not have the effect of imposing upon a lawyer providing services requirements for which there is no equivalent in the professional rules which would apply in the absence of any provision of services within the meaning of the Treaty. | 35 Furthermore, even assuming that absolute physical impossibility to perform the obligations at issue imposed by Directives 89/369 and 89/429 may justify failure to fulfil them, the French Government has not been able to establish such impossibility in the present case (see Commission v United Kingdom, cited above, paragraph 46). | 0 |
867,037 | 29. In order to answer that question, it is to be recalled at the outset that, in accordance with settled case-law, the principle of State liability for loss and damage caused to individuals as a result of breaches of European Union law for which the State can be held responsible is inherent in the system of the treaties on which the European Union is based (see, to that effect, Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, paragraph 31; and Case C‑445/06 Danske Slagterier [2009] ECR I‑0000, paragraph 19). | 31. Next, it must be observed, as regards the fourth essential characteristic of VAT, that the existence of differences in the method for calculating the deduction of tax already paid cannot exclude a tax from the prohibition laid down in Article 33 of the Sixth Directive if such differences are in fact technical in nature and do not prevent that tax from operating in essentially the same way as VAT. On the other hand, a tax levied on production in such a way that it is not certain that it will be borne, like a tax on consumption such as VAT, by the final consumer, is likely to fall outside the scope of Article 33 of the Sixth Directive. | 0 |
867,038 | 27. The Court has already had the opportunity to determine, in the case which gave rise to the judgment in Österreichischer Rundfunk , whether the Bundeskommunikationssenat is a court or tribunal for the purposes of Article 234 EC. In that regard, it held, in paragraphs 19 to 21 of its judgment, that, on the basis of the provisions relating to the establishment and functioning of the Bundeskommunikationssenat, applicable in that case, that body had to be considered to be a court or tribunal for the purposes of Article 234 EC. | 39. Therefore, in order for Article 8 of Directive 2008/94 to apply, it is not necessary to identify the causes of the employer’s insolvency or of the underfunding of the supplementary occupational pension scheme. | 0 |
867,039 | 82. It follows that the details of a project cannot be considered to be adopted by a legislative act, for the purposes of Article 1(5) of Directive 85/337, if that act does not include the elements necessary to assess the environmental impact of the project or if the adoption of other measures is needed in order for the developer to be entitled to proceed with the project (see WWF and Others , paragraph 62; Linster , paragraph 57; Boxus and Others , paragraph 40; and Solvay and Others , paragraph 34). | 39 With respect to such a situation, it is for the Community legislature to establish the definitive Community system of exemptions from VAT and thereby to bring about the progressive harmonisation of national VAT laws (see, to that effect, Case C-305/97 Royscot and Others v Customs and Excise [1999] ECR I-6671, paragraph 31). | 0 |
867,040 | 45 Where the basic patent and the marketing authorization are held by different persons and the patent holder is unable to provide the competent national authorities with a copy of that authorization, granted by the authorities of a Member State, in accordance with Article 8(1)(b) of the Regulation, the application for a certificate must not be refused on that ground alone. By simple cooperation, the national authority granting the certificate can obtain a copy of the marketing authorization from the national authority which issued it (see, to that effect, Case C-201/94 The Queen v Medicines Control Agency ex parte Smith and Nephew [1996] ECR I-5819, paragraph 28). If that were not the case, the entitlement to the certificate conferred by Article 6 of the Regulation on the basic patent holder would be rendered nugatory. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,041 | 30. In order to reply to that question, it should be recalled that, in Case C‑473/00 Cofidis [2002] ECR‑10875, paragraph 34, the Court has held that the protection which the Directive confers on consumers extends to cases in which a consumer who has concluded with a seller or supplier a contract containing an unfair term fails to raise the unfairness of the term, whether because he is unaware of his rights or because he is deterred from enforcing them on account of the costs which judicial proceedings would involve. | 27. It is clear from the express provisions of Article 46(2)(a) of Regulation No 1408/71 that the theoretical amount must be calculated as if the insured person had worked exclusively in the Member State concerned (Case 793/79 Menzies [1980] ECR 2085, paragraph 10). | 0 |
867,042 | 36 Second, as has been held in the case-law of the Court, the rules in Article 169 of the Treaty must be applied with no attendant obligation on the Commission to act within a specific period, save where the excessive duration of the pre-litigation procedure laid down by Article 169 is capable of making it more difficult for the Member State concerned to refute the Commission's arguments and of thus infringing the rights of defence. It is for the Member State concerned to provide evidence that it has been so affected (see Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraphs 15 and 16, and Case C-207/97 Commission v Belgium [1999] ECR I-275, paragraph 25). | 70. In respect of the description of an odour, although it is graphic, it is not sufficiently clear, precise and objective. | 0 |
867,043 | 36. When such an economic entity infringes the competition rules, it falls, according to the principle of personal responsibility, to that entity to answer for that infringement ( Akzo Nobel and Others v Commission , paragraph 56 and the case-law cited). | 6 IN THAT REGARD IT MUST FIRST BE STRESSED THAT, IN ASSESSING THE INTERESTS OF THE SERVICE AND THE QUALIFICATIONS AND MERITS OF THE CANDIDATES TO BE TAKEN INTO CONSIDERATION IN MAKING A PROMOTION DECISION PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS, THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION, AND IN THAT CONNECTION THE COURT' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE QUALIFICATIONS AND MERITS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY . | 0 |
867,044 | 29. The restriction flowing from the legislation at issue in the main proceedings can be justified in the light of EU law only if it is based on objective considerations of public interest independent of the nationality of the persons concerned and if it is proportionate to the legitimate objective pursued by the provisions of national law (see De Cuyper , paragraph 40; Morgan and Bucher , paragraph 33; and Prinz and Seeberger , paragraph 33). It follows from the case-law of the Court that a measure is proportionate if, while appropriate for securing the attainment of the objective pursued, it does not go beyond what is necessary in order to attain that objective ( De Cuyper , paragraph 42; Morgan and Bucher , paragraph 33; and Prinz and Seeberger , paragraph 33). | 29 Under that provision, freedom of movement for workers within the Community 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. | 0 |
867,045 | 17. At the outset, it should be noted that the aim of Directive 92/12 is to lay down a number of rules on the holding, movement and monitoring of products subject to excise duty, in particular so as to ensure that chargeability of excise duties is identical in all the Member States. That harmonisation makes it possible, in principle, to avoid double taxation in relations between Member States ( Scandic Distilleries , C‑663/11, EU:C:2013:347, paragraphs 22 and 23). | 2. Article 8 of Directive 92/50 provides that:
"Contracts which have as their object services listed in Annex IA shall be awarded in accordance with the provisions of Titles III to VI." | 0 |
867,046 | 25. The protection afforded by Article 16 of the Charter covers the freedom to exercise an economic or commercial activity, the freedom of contract and free competition, as is apparent from the explanations relating to that article, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the interpretation of the Charter (Case C‑283/11 Sky Österreich [2013] ECR I‑0000, paragraph 42). | 22. Costs involved in obtaining tax advice, such as those at issue in the main proceedings, were incurred by Mr Conijn in preparing his tax return in respect of income derived in Germany. His duty to file a tax return results from the fact that he receives income in that Member State. Costs incurred in obtaining tax advice are therefore linked directly to the income taxed in that Member State, with the result that they affect in the same way the income received by all taxable persons whether resident or non-resident. | 0 |
867,047 | 33. In the present case, Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht obtained, before the General Court, the annulment of the decision at issue in accordance with the form of order sought in their action. Their cross-appeal, which in fact merely seeks to substitute the grounds relating to the analysis of whether Article 9(3) of the Aarhus Convention may be relied on, cannot, therefore, be upheld (see, by analogy, in relation to a main appeal, judgment in Al-Aqsa v Council and Netherlands v Al-Aqsa , C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraphs 43 to 45). | 13. Ainsi, à la date d’expiration du délai fixé dans l’avis motivé, date à laquelle doit être appréciée l’existence d’un manquement (voir, en ce sens, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9), le rapport de synthèse requis en vertu de l’article 15, paragraphe 2, de la directive n’avait pas été présenté et les analyses ainsi que l’étude visées à l’article 5, paragraphe 1 de cette directive n’avaient pas été effectuées en ce qui concerne le district hydrographique pilote du Serchio et une portion des districts hydrographiques des Alpes orientales, et du Nord, du Centre et du Sud des Apennins. | 0 |
867,048 | 32. First, it is clear from that case-law that the place where the alleged damage occurred within the meaning of that provision may vary according to the nature of the right allegedly infringed (see, to that effect, Wintersteiger , paragraphs 21 to 24). | 63. En particulier, s’agissant de la détermination du montant de l’amende, il ne saurait être opéré, par l’application de méthodes de calcul différentes, une discrimination entre les entreprises qui ont participé à un accord ou à une pratique concertée contraire à l’article 81 CE (voir, notamment, arrêt Alliance One International et Standard Commercial Tobacco/Commission et Commission/Alliance One International e.a., précité, point 58 et la jurisprudence citée). | 0 |
867,049 | 51. The Commission considers that the risk that [confidential] (formerly EniChem) might become an ‘empty shell’, stated in paragraph 95 of the judgment under appeal, is a factual element which it is not for the Court of Justice to review. It adds that, in any event, the Court has not restricted the cases of liability of a transferee company to situations where a transferor company has ceased all economic activity. In accordance with the Court’s case-law in the judgments in Aalborg Portland and Others v Commission (C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6) and ETI and Others (EU:C:2007:775), only the existence of a ‘structural link’ between the transferor company and the transferee company forming part of the same group is decisive for the purposes of the liability of the transferee company.
Findings of the Court | 41. Next, it must be noted that if no possibility of imposing a penalty on an entity other than the one which committed the infringement were foreseen, undertakings could escape penalties by simply changing their identity through restructurings, sales or other legal or organisational changes. This would jeopardise the objective of suppressing conduct that infringes the competition rules and preventing its reoccurrence by means of deterrent penalties (Case 41/69 ACF Chemiefarma v Commission [1970] ECR 661, paragraph 173; Case C‑289/04 P Showa Denko v Commission [2006] ECR I‑5859, paragraph 61; and Case C‑76/06 P Britannia Alloys & Chemicals v Commission [2007] ECR I-0000, paragraph 22). | 1 |
867,050 | 65
In that regard, it should be noted, first of all, that, according to the Court’s settled case-law, it follows from the need for uniform application of EU law and from the principle of equality that the wording of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of the provision and the objective pursued by the legislation in question (see judgment of 24 May 2016, Dworzecki, C‑108/16 PPU, EU:C:2016:346, paragraph 28 and the case-law cited). | 19 It thus permits national measures relating to access to employment, including promotion, which give a specific advantage to women with a view to improving their ability to compete on the labour market and to pursue a career on an equal footing with men. | 0 |
867,051 | 33 Thus, in contrast to the time-limit at issue in Case C-1/94 Cavarzere Produzioni Industriali and Others [1995] ECR I-2363, which was intended to ensure that operators in the sugar sector would have a period of four months in which to plan their activity, the overstepping of the date 1 August laid down in Article 3(4) and (5) of the basic regulation cannot be capable of rendering invalid Regulation No 1580/96 in so far as it fixed intervention prices after that date. | 22 Second, it must be pointed out that, since its judgment in Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461, the Court has consistently held that Article 6(1) of Decision No 1/80 has direct effect in the Member States and that Turkish nationals who satisfy its conditions may therefore rely directly on the rights given them by the various indents of that provision (Case C-355/93 Eroglu v Land Baden-Württemberg [1994] ECR I-5113, paragraph 11). | 0 |
867,052 | 35
Obstacles to the free movement of goods resulting, in the absence of harmonisation of national legislations, from the application by a Member State to goods coming from other Member States, in which they are lawfully manufactured and marketed, of rules relating to conditions with which those goods must comply, even if those rules apply without distinction to all products, therefore constitute measures having equivalent effect prohibited by Article 34 TFEU, unless their application can be justified by an objective of public interest capable of taking precedence over the free movement of goods (see, to that effect, judgments of 20 February 1979, Rewe-Zentral (‘Cassis de Dijon’), 120/78, EU:C:1979:42, paragraph 8; of 15 September 1994, Houtwipper, C‑293/93, EU:C:1994:330, paragraph 11; and of 16 January 2014, Juvelta, C‑481/12, EU:C:2014:11, paragraph 17). | 11 It is established by the case-law beginning with "Cassis de Dijon" (Case 120/78 Rewe-Zentral v Bundesmonopolverwaltung fuer Branntwein [1979] ECR 649) that, in the absence of harmonization of legislation, obstacles to the free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marked, rules that lay down requirements to be met by such goods (such as those relating to designation, form, size, weight, composition, presentation, labelling, packaging) constitute measures of equivalent effect prohibited by Article 30. This is so even if those rules apply without distinction to all products unless their application can be justified by a public-interest objective taking precedence over the free movement of goods. | 1 |
867,053 | 86. Il s’ensuit que, en application des articles 2, paragraphe 1, et 4, paragraphe 1, de la directive 85/337, et hormis les cas exceptionnels visés à l’article 2, paragraphe 3, de celle-ci, les projets qui relèvent de l’annexe I de cette directive doivent, en tant que tels, être soumis, avant d’être autorisés, à une évaluation systématique de leurs incidences sur l’environnement (voir, en ce sens, arrêts du 23 novembre 2006, Commission/Irlande, C‑486/04, Rec. p. I‑11025, point 45, ainsi que du 5 juillet 2007, Commission/Italie, C‑255/05, Rec. p. I‑5767, point 52). Il en résulte que les États membres ne disposent d’aucune marge d’appréciation à cet égard. | 91. The Court has already explained in that regard that it is not indispensable for the restrictive measure issued by the authorities of a Member State to correspond to a conception shared by all Member States as regards the precise way in which the fundamental right or legitimate interest in question is to be protected and that, on the contrary, the need for, and proportionality of, the provisions adopted are not excluded merely because one Member State has chosen a system of protection different from that adopted by another State (see Omega , paragraphs 37 and 38). | 0 |
867,054 | 32
It has also been held that all the relevant facts must be taken into consideration in determining normal residence as the permanent centre of interests of the person concerned (see, by analogy, judgments in Schäflein v Commission, 284/87, EU:C:1988:414, paragraph 10; Ryborg, C‑297/89, EU:C:1991:160, paragraph 20; Louloudakis, C‑262/99, EU:C:2001:407, paragraph 55; Alevizos, C‑392/05, EU:C:2007:251, paragraph 57, and I, C‑255/13, EU:C:2014:1291, paragraphs 45 and 46). | 16. The Court therefore held, at paragraphs 23 and 25 of that judgment, that all navigation activity for commercial purposes comes within the scope of the exemption from the harmonised excise duty provided for in the first subparagraph of Article 8(1)(c) of Directive 92/81, without any distinction being made as to the purpose of the navigation referred to. | 0 |
867,055 | 71
In its judgments of 24 June 2015, Germany v Commission (C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 96), and of 24 June 2015, Spain v Commission (C‑263/13 P, EU:C:2015:415, paragraph 60), the Court furthermore classified that case-law as ‘established’. | 41
Furthermore, the Court has held that Member States are required to comply with the principle of proportionality not only as regards the determination of factors constituting an infringement and the determination of the rules concerning the severity of fines, but also as regards the assessment of the factors which may be taken into account in the fixing of a fine (judgment of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraph 54). | 0 |
867,056 | 78 Moreover, the interest for late payment claimed by the Commission has its basis in Article 11 of Regulation No 1552/89. As the Commission rightly pointed out, the default interest is payable regardless of the reason for the delay in making the entry in the Commission's account (see, in particular, Commission v Italy, cited above, paragraph 12). | 22. Toutefois, tant la directive 80/987, dans sa version initiale, que la directive 80/987, telle que modifiée, confèrent aux États membres la faculté de limiter l’obligation de paiement par la fixation d’une période de référence ou d’une période de garantie et/ou l’assignement de plafonds aux paiements. | 0 |
867,057 | 31. The Court has also held that the benefit of stable employment is viewed as a major element in the protection of workers (see Mangold , paragraph 64, and Adeneler and Others , paragraph 62). It deduced therefrom that the Framework Agreement seeks to place limits on successive use of fixed-term employment contracts, which is regarded as a potential source of abuse to the disadvantage of workers, by laying down as a minimum a number of protective provisions designed to prevent the status of employees from being insecure (see Adeneler and Others , paragraph 63). | 67. It is for the national authorities to draw the consequences, in their legal system, of a declaration of invalidity made in the context of an assessment of validity in a reference for a preliminary ruling (Case 23/75 Rey Soda [1975] ECR 1279, paragraph 51), which has the consequence that anti-dumping duties, paid under Regulation No 2398/97 are not legally owed within the meaning of Article 236(1) of Regulation No 2913/92 and should, in principle, be repaid by the customs authorities in accordance with that provision, provided that the conditions to which such repayment is subject, including that set out in Article 236(2), are satisfied, this being a matter for the national court to verify. | 0 |
867,058 | 24
However, the measures which the Member States may adopt under Article 273 of the VAT Directive to ensure the correct collection of the tax and to prevent evasion must not go further than is necessary to attain those objectives and must not undermine the neutrality of VAT (judgments of 21 October 2010, Nidera Handelscompagnie, C‑385/09, EU:C:2010:627, paragraph 49 and the case-law cited, and of 5 October 2016, Maya Marinova, C‑576/15, EU:C:2016:740, paragraph 44 and the case-law cited). | 47. Il appartient donc à la Commission d’effectuer une appréciation globale prenant en compte tout élément pertinent en l’espèce lui permettant de déterminer si l’entreprise bénéficiaire n’aurait manifestement pas obtenu des facilités comparables d’un tel c réancier privé (arrêts précités Commission/EDF, point 86, et Frucona Košice/Commission, point 73). | 0 |
867,059 | 37. Contrary to what the Belgian Government has argued, both in its written pleadings and at the hearing, it is irrelevant in that regard that the restrictive effects of that legislation also extend to private broadcasters established in Belgium which do not possess must-carry status in the bilingual region of Brussels-Capital. In order for legislation to constitute an obstacle to the provision of services between Member States, it is not necessary for all undertakings in a Member State to be advantaged in comparison with foreign undertakings. It is sufficient that that legislation should benefit certain undertakings established on the national territory (see, to that effect, Case C‑353/89 Commission v Netherlands [1991] ECR I‑4069, paragraph 25). | 95. It is settled case-law that the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. The Court has stated that in this context the term ‘undertaking’ must be understood as designating an economic unit even if in law that economic unit consists of several natural or legal persons, and that when such an economic entity infringes the competition rules, it is for that entity, according to the principle of personal responsibility, to answer for that infringement (Case C‑90/09 P General Química and Others v Commission [2011] ECR I‑0000, paragraphs 34 to 36 and the case-law cited). | 0 |
867,060 | 37 It must be observed at the outset that, whilst the protection of legitimate expectations is one of the fundamental principles of the Community, economic operators cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of their discretion will be maintained; this is particularly true in an area such as the common organisation of the markets, the object of which entails constant adjustments to meet changes in the economic situation. It follows that economic operators cannot claim a vested right to the maintenance of an advantage which they derive from the establishment of the common organisation of the markets and which they enjoyed at a given time (see, in particular, Joined Cases C-133/93, C-300/93 and C-362/93 Crispoltoni and Others v Fattoria Autonoma Tabacchi and Donatab [1994] ECR I-4863, paragraphs 57 and 58; and Case C-372/96 Pontillo v Donatab [1998] ECR I-5091, paragraphs 22 and 23). | 77. However, that discretion notwithstanding, the criteria which the Member States lay down must be applied in a transparent manner and must be open to review in order to prevent any exclusion of fixed-term workers solely on the basis of the duration of the contracts or employment relationships which attest to their length of service and professional experience. | 0 |
867,061 | 91 It is clear from paragraph 88 of Belgium v Commission, cited above, that the Commission, while it considers the method used by Belgian authorities to be undesirable, did not regard it as infringing Community law and did not take it into account in connection with the financial corrections made in Decision 97/333. The same is true for the contested Decision, which is based on the same grounds as Decision 97/333. | 18. As regards, more specifically, the independence of the body making a reference, that condition presumes that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them (see Wilson , EU:C:2006:587, paragraph 51). | 0 |
867,062 | 33. However, it should be noted that European Union Law does not prohibit a Member State from relying on a limitation period to resist an application for a special length-of-service increment, such as that at issue in the main proceedings, which, in breach of provisions of European Union law, was not granted, even if that Member State has not amended the national rules in order to render them compatible with those provisions. The situation will be different only if the conduct of the national authorities, in conjunction with the existence of a limitation period, had the effect of depriving a person of any opportunity of enforcing his rights before the national courts (see, to that effect, Aprile , paragraphs 43 and 45). | 45 The answer to the third and fourth questions must therefore be that, in circumstances such as those of the main proceedings, Community law does not prohibit a Member State from resisting actions for repayment of charges levied in breach of Community law by relying on a time-limit under national law even if that Member State has not yet amended its national rules in order to render them compatible with those provisions. | 1 |
867,063 | 68. According to settled case-law, the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it ( Arnold André , paragraph 45, and Swedish Match , paragraph 47). | 124. Moreover, the European Union legislature used that concept of an undertaking in Article 23(2) of Regulation No 1/2003 to define the entity on which the Commission may impose a fine in order to penalise an infringement of the European Union’s rules on competition. | 0 |
867,064 | 61. It must be stated in that regard that, since the abovementioned provision has direct effect, it is binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities such as Länder , cities and towns or communes, and those authorities are required to apply it (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33). | 96. The importance of the objectives pursued is such as to justify even substantial negative financial consequences for certain operators (see, to that effect, Case C‑331/88 Fedesa and Others [1990] ECR I-4023, paragraph 17, and Case C‑183/95 Affish [1997] ECR I-4315, paragraph 42), a fortiori, since the protection of the environment constitutes one of the essential objectives of the Community (see, in particular, Case C-176/03 Commission v Council [2005] ECR I-0000, paragraph 41, and Case C-320/03 Commission v Austria [2005] ECR I-0000, paragraph 72). | 0 |
867,065 | 14 As regards the originating application, it should be pointed out that Article 19 of the Protocol on the EC Statute of the Court of Justice and Article 38(1)(c) and (d) of the Rules of Procedure provide that the application in a case brought before the Court must contain, among other things, the subject-matter of the dispute, the form of order sought and a brief statement of the grounds on which the application is based (Case C-43/90 Commission v Germany [1992] ECR I-1909, paragraph 7). | 33. In those circumstances, it cannot be considered that the costs relating to those services were incurred for the purposes of and with a view to Investrand’s taxable activities. As the exclusive reason for those costs is not to be found in those activities, the costs have no direct and immediate link to them. | 0 |
867,066 | 89 On this point, suffice it to say that Omega misunderstands the basis of the Court's case-law. The decisive factor here is that the resolution of disputes concerning WTO law is based, in part, on negotiations between the contracting parties. Withdrawal of unlawful measures is indeed the solution recommended by WTO law, but other solutions are also authorised, for example settlement, payment of compensation or suspension of concessions (see, to that effect, Portugal v Council, paragraphs 36 to 39). | 40. Thus, when the authorities of the Member States take measures which come within the scope of EU law, they are, as a rule, subject to the obligation to observe the rights of defence of addressees of decisions which significantly affect their interests (the judgment in G. and R. , EU:C:2013:533, paragraph 35). | 0 |
867,067 | 31. To the extent to which the one-year extension to each period required for advancement in each of the three first incremental steps is applicable only to employees who completed periods of service before reaching the age of 18, it must be held that the national legislation at issue in the main proceedings involves a difference in treatment which is directly based on age within the meaning of Article 2(2)(a) of Directive 2000/78 (see, to that effect, judgment in Schmitzer , EU:C:2014:2359, paragraph 35). | 46. The right to be heard guarantees every person the opportunity to make known his views effectively during an administrative procedure and before the adoption of any decision liable to affect his interests adversely (see, inter alia, judgment in M. , EU:C:2012:744, paragraph 87 and case-law cited). | 0 |
867,068 | 84
In the second place, it is apparent from settled case-law that the provisions of an international agreement to which the European Union is a party can be relied upon in support of an action for annulment of a measure of secondary EU legislation, of a plea that such a measure is invalid or of an action for compensation only if, first, the nature and the broad logic of the agreement in question do not preclude this and, secondly, the provisions relied upon appear, as regards their content, to be unconditional and sufficiently precise (see, to this effect, judgments in Intertanko and Others, C‑308/06, EU:C:2008:312, paragraphs 43 and 45, and FIAMM and Others v Council and Commission, C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraphs 110 and 120). | 38. But above all, if the construction set out by the national court meant that a substance or object which is discarded otherwise than as mentioned in Annexes II A and II B to Directive 75/442 is not ‘waste’, it would restrict the meaning of ‘waste’ arising from the first subparagraph of Article 1(a) of that directive. Thus, a substance or object not subject to a disposal or recovery requirement whose holder discards it by simple abandonment, without subjecting it to such an operation, would not be classified as ‘waste’ although it would be such within the meaning of Directive 75/442. | 0 |
867,069 | 27. Secondly, it is clear from the case-law that the limits on the right of residence, as a corollary of the right to access to the employment market and the right to take up employment which members of the family of a Turkish worker who satisfy the conditions laid down in the first sentence of Article 7 of Decision No 1/80 enjoy, are of two kinds. Either the presence of a Turkish migrant in the host Member State constitutes, on account of his own conduct, a genuine and serious threat to public policy, public security or public health, in accordance with Article 14(1) of Decision No 1/80, or the person concerned has left the territory of that State for a significant length of time without legitimate reason (see, to that effect, Ergat , paragraphs 45, 46 and 48, and Cetinkaya , paragraph 36). | 43. Consequently, the legislature must have sufficient information at its disposal at the time when the project is adopted. It is apparent from Article 5(3) of Directive 85/337 and Annex IV thereto that the minimum information to be supplied by the developer is to include a description of the project comprising information on the site, design and size of the project, a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects, and the data required to identify and assess the main effects which the project is likely to have on the environment (see Linster , paragraph 55). | 0 |
867,070 | 54 Furthermore, even though the Greek Government may have taken the view in this case that the information provided by the national court was not sufficient to enable it to adopt a position on certain aspects of the questions submitted to the Court, that information was amplified by the case-file forwarded by the national court, by the written observations and by the answers given to the questions asked by the Court. All that information, summarised in the Report for the Hearing, was made available to the governments of the Member States and the other interested parties for the purposes of the hearing, at which they had an opportunity, if needed, to amplify their observations (see Albany, paragraph 43, and Brentjens', paragraph 42). | 38. The fact remains that the expression ‘place where the harmful event occurred or may occur’ Article 5(3) of Regulation No 44/2001 is intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the applicant, in the courts for either of those places (judgments in Melzer , C‑228/11, EU:C:2013:305, paragraph 25, and in Kolassa , C‑375/13, EU:C:2015:37, paragraph 45). | 0 |
867,071 | 61. In that connection, it is sufficient to note that, provided that the appellant challenges the interpretation or application of Community law by the General Court, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the General Court, an appeal would be deprived of part of its purpose (see Case C-425/07 P AEPI v Commission [2009] ECR I-3205, paragraph 24, and Case C-54/09 P Greece v Commission [2010] ECR I-7537, paragraph 43). | 38 The second sentence of Article 6(2) relates to periods of inactivity due to long-term sickness or involuntary unemployment, that is to say, where the failure to work is not attributable to any misbehaviour on the part of the worker (as also follows from the use of the adjective `unverschuldet' in the German version). It provides that, although periods of inactivity of this type cannot be treated as periods of legal employment, they do not affect rights which the worker has acquired as the result of preceding periods of legal employment. | 0 |
867,072 | 65 As the Court has held, in particular in Van Eycke, cited above, paragraph 16, Article 85 of the Treaty itself concerns only the conduct of undertakings and not legislation or regulations adopted by Member States. However, according to settled case-law of the Court of Justice, Article 85 of the Treaty, read in conjunction with Article 5, requires the Member States not to introduce or maintain in force measures, whether legislative or regulatory, which may render ineffective the competition rules applicable to undertakings. Such is the case, according to the same case-law, where a Member State requires or favours the adoption of agreements, decisions or concerted practices contrary to Article 85 of the Treaty or reinforces their effects or deprives its own legislation of its official character by delegating to private traders responsibility for taking decisions affecting the economic sphere (see also Case C-2/91 Meng [1993] ECR I-5751, paragraph 14; Case C-185/91 Reiff [1993] ECR I-5801, paragraph 14; Case C-245/91 Ohra Schadeverzekeringen [1993] ECR I-5851, paragraph 10; Case C-35/96 Commission v Italy [1998] ECR I-3851, paragraphs 53 and 54; and Case C-266/96 Corsica Ferries France v Gruppo Antichi Ormeggiatori del Porto di Genova and Others [1998] ECR I-3949, paragraphs 35, 36 and 49). | 92. By making those various choices, the author of a portrait photograph can stamp the work created with his ‘personal touch’. | 0 |
867,073 | 23. Although, as regards the division of jurisdiction between the Community judicature and national courts, it is in principle for the national court to determine whether the factual conditions triggering the application of a Community rule are fulfilled in the case pending before it, the Court, when giving a preliminary ruling, may, where appropriate, provide clarification to guide the national court in its interpretation (see, to that effect, Case C‑424/97 Haim [2000] ECR I‑5123, paragraph 58). | 33. Having regard to the foregoing, the answer to the question referred is that Articles 1(2), 7(1)(b) and 8(2) and (4) of Directive 91/439 must be interpreted as not precluding a host Member State from refusing to recognise in its territory a driving licence issued by another Member State, where it is established, on the basis of entries appearing in that licence, that the normal residence condition, laid down in Article 7(1)(b) of that directive, has not been observed. The fact that the host Member State has not applied any measure under Article 8(2) of that directive to the licence holder is irrelevant in that regard.
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867,074 | 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). | 28 Since the condition imposed by the undertaking's regulations applies in the same way to female and male workers, it cannot be regarded as constituting discrimination directly based on sex. | 0 |
867,075 | 57 It should be recalled that, according to settled case-law, recourse to justification on grounds of public policy under Article 56 of the Treaty presupposes the need to maintain a discriminatory measure in order to deal with a genuine and sufficiently serious threat affecting one of the fundamental interests of society (see, to that effect, Case 30/77 R v Bouchereau [1977] ECR I-1999, paragraph 35; Case C-114/97 Commission v Spain [1998] ECR I-6717, paragraph 46; Case C-348/96 Calfa [1999] ECR I-11, paragraph 21). It follows that there must be a direct link between that threat, which must, moreover, be current, and the discriminatory measure adopted to deal with it (see, to that effect, Case 352/85 Bond van Adverteerders and Others, paragraph 36; and Calfa, paragraph 24). | 36 AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 16 MAY 1979 ( CASE 84/78 TOMADINI V AMMINISTRAZIONE DELLE FINANZE DELLO STATO (( 1979 )) ECR 1801 ), THE FIELD OF APPLICATION OF THE PRINCIPLE OF LEGITIMATE EXPECTATION CANNOT BE EXTENDED TO THE POINT OF GENERALLY PREVENTING NEW RULES FROM APPLYING TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE EARLIER RULES, ESPECIALLY IN A FIELD SUCH AS THE COMMON ORGANIZATION OF THE MARKETS, THE PURPOSE OF WHICH NECESSARILY INVOLVES CONSTANT ADJUSTMENT TO THE VARIATIONS OF THE ECONOMIC SITUATIONS IN THE VARIOUS AGRICULTURAL SECTORS . THAT OBSERVATION ALSO APPLIES TO ALTERATIONS OF THE REPRESENTATIVE RATES . | 0 |
867,076 | 22 As the Court has held (see the Hofmann judgment cited above, paragraph 27), the directive leaves Member States with a discretion as to the social measures which must be adopted in order to guarantee, within the framework laid down by the directive, the protection of women in connection with pregnancy and maternity and to offset the disadvantages which women, by comparison with men, suffer with regard to the retention of employment. | 27 FURTHERMORE , IT SHOULD BE POINTED OUT THAT THE DIRECTIVE LEAVES MEMBER STATES WITH A DISCRETION AS TO THE SOCIAL MEASURES WHICH THEY ADOPT IN - ORDER TO GUARANTEE , WITHIN THE FRAMEWORK LAID DOWN BY THE DIRECTIVE , THE PROTECTION OF WOMEN IN CONNECTION WITH PREGNANCY AND MATERNITY AND TO OFFSET THE DISADVANTAGES WHICH WOMEN , BY COMPARISON WITH MEN , SUFFER WITH REGARD TO THE RETENTION OF EMPLOYMENT . SUCH MEASURES ARE , AS THE GOVERNMENT OF THE UNITED KINGDOM HAS RIGHTLY OBSERVED , CLOSELY LINKED TO THE GENERAL SYSTEM OF SOCIAL PROTECTION IN THE VARIOUS MEMBER STATES . IT MUST THEREFORE BE CONCLUDED THAT THE MEMBER STATES ENJOY A REASONABLE MARGIN OF DISCRETION AS REGARDS BOTH THE NATURE OF THE PROTECTIVE MEASURES AND THE DETAILED ARRANGEMENTS FOR THEIR IMPLEMENTATION .
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867,077 | 17. It follows that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of Community law referred to in the questions bears no relation to the actual facts of the main action or to its purpose (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑212/06 Gouvernement de la Communauté française and Gouvernement wallon [2008] ECR I‑1683, paragraph 29). | 79. For the purposes of such an assessment, account must be taken of several complementary criteria, which are not autonomous and are interdependent. Consequently, they must be applied individually and in the light of their interaction with one another, given that in different specific situations, they may be met to varying degrees. | 0 |
867,078 | 19. Finally, as the Advocate General observed in point 34 of his Opinion, the fourth question appears to relate to an interpretation of principles of Portuguese law and lacks any reference to EU law. It should be noted that, according to settled case-law, the procedure laid down in Article 267 TFEU is based on a clear separation of functions between the courts and tribunals of the Member States and the Court of Justice. The Court is empowered to rule only on the interpretation or the validity of the acts of EU law referred to in Article 267 TFEU. In that context, it is not for the Court to rule on the interpretation of provisions of national law or to decide whether the referring court’s interpretation of them is correct (see judgment in Texdata Software , C‑418/11, EU:C:2013:588, paragraph 28 and the case-law cited). | 27 IF THE MONITORING OF BANKS THROUGH SUPERVISION WITHIN A MEMBER STATE AND THE EXCHANGING OF INFORMATION BY THE COMPETENT AUTHORITIES IS TO FUNCTION PROPERLY , IT IS NECESSARY TO PROTECT PROFESSIONAL SECRECY . THE DISCLOSURE OF CONFIDENTIAL INFORMATION FOR WHATEVER PURPOSE MIGHT HAVE DAMAGING CONSEQUENCES NOT ONLY FOR THE CREDIT INSTITUTION DIRECTLY CONCERNED BUT ALSO FOR THE BANKING SYSTEM IN GENERAL . CONSEQUENTLY , IF THERE WAS NO DUTY TO KEEP CONFIDENTIAL INFORMATION SECRET , THE OBLIGATORY EXCHANGE OF INFORMATION BETWEEN THE COMPETENT AUTHORITIES MIGHT BE JEOPARDIZED BECAUSE THE AUTHORITY OF A MEMBER STATE COULD NOT BE SURE THAT THE CONFIDENTIAL INFORMATION IT PROVIDES TO AN AUTHORITY IN ANOTHER MEMBER STATE WILL IN PRINCIPLE REMAIN CONFIDENTIAL .
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867,079 | 16 With respect to the question whether this exclusive right includes the power to oppose the reaffixing of the original trade mark after the product has been repackaged, the Court has held that account must be taken of the essential function of the trade mark, which is to guarantee to the consumer or end user the identity of the trade-marked product's origin by enabling him to distinguish it without any risk of confusion from products of different origin. That guarantee of origin means that the consumer or end user can be certain that a trade-marked product offered to him has not been subject at a previous stage of marketing to interference by a third party, without the authorisation of the trade mark proprietor, in such a way as to affect the original condition of the product (see Hoffmann-La Roche, paragraph 7, and Bristol-Myers Squibb, paragraph 47). | 41. Under Article 15(2) of Directive 2008/115, the initial detention of a third-country national, which may not exceed six months, must be ordered by administrative or judicial authorities, in writing with reasons being given in fact and in law for the detention decision (see, to that effect, G. and R. , C‑383/13 PPU, EU:C:2013:533, paragraph 29). | 0 |
867,080 | 41. Thus, contrary to the appellants’ claims, the General Court rightly held in paragraph 60 of the judgment under appeal that, whilst it is true that at paragraphs 28 and 29 of Stora Kopparbergs Bergslags v Commission the Court of Justice referred, not only to the fact that the parent company owned 100% of the capital of the subsidiary, but also to other circumstances, such as the fact that it was not disputed that the parent company exercised influence over the commercial policy of its subsidiary or that both companies were jointly represented during the administrative procedure, the fact remains that those circumstances were mentioned by the Court of Justice for the sole purpose of identifying all the information on which the General Court had based its reasoning in that case and not to make the application of the presumption mentioned above subject to the production of additional indicia relating to the actual exercise of influence by the parent company over its subsidiary (see, to that effect, Akzo Nobel and Others v Commission , paragraph 62). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
867,081 | 57. On the other hand, mere adverse repercussions on the rights of third parties, even if the repercussions are certain, do not justify preventing an individual from invoking the provisions of a directive against the Member State concerned (see to this effect, in particular, Case 103/88 Fratelli Costanzo [1989] ECR 1839, paragraphs 28 to 33, WWF and Others , cited above, paragraphs 69 and 71, Case C-194/94 CIA Security International [1996] ECR I-2201, paragraphs 40 to 55, Case C-201/94 Smith & Nephew and Primecrown [1996] ECR I-5819, paragraphs 33 to 39, and Case C-443/98 Unilever [2000] ECR I-7535, paragraphs 45 to 52). | 32
In those circumstances, the meaning and scope of the term ‘judicial authority’, within the meaning of Article 6(1) of the Framework Decision, cannot be left to the assessment of each Member State (see, by analogy, judgments of 17 July 2008, Kozłowski, C‑66/08, EU:C:2008:437, paragraph 43, and of 16 November 2010, Mantello, C‑261/09, EU:C:2010:683, paragraph 38). | 0 |
867,082 | 47
In that regard, it should be observed that the principle of equality of arms is a corollary of the very concept of a fair hearing, which implies that each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a substantial disadvantage vis-à-vis his opponent, the harm caused by that imbalance having as a general rule to be proved by the person who suffered it (see, to that effect, judgments of 6 November 2012 in Otis and Others, C‑199/11, EU:C:2012:684, paragraphs 71 and 72, and 17 July 2014 in Sánchez Morcillo and Abril García, C‑169/14, EU:C:2014:2099, paragraph 49). | 45. As the Advocate General observed in point 33 of his Opinion, such an interpretation would amount to removal of the term ‘principally’ from the text of that note. | 0 |
867,083 | 36. In the second place, it must be pointed out that the application of Article 54 of the CISA is not conditional on the harmonisation or approximation of the criminal laws of the Member States concerning in absentia judgments (see, to that effect, concerning procedures whereby further prosecution is barred, Gözütok and Brügge , paragraph 32). | 24 Thus, the Court has held that a situation in which an undertaking entrusts to another undertaking by contract the responsibility for performing cleaning operations which it previously carried out directly (Schmidt, cited above, paragraph 14) and a situation in which a contractor who had entrusted the cleaning of its premises to a first undertaking terminates the contract binding it to that undertaking and concludes, for the purposes of similar operations, a new contract with a second undertaking (Süzen, cited above, paragraphs 11 and 12) may come within the scope of Directive 77/187. | 0 |
867,084 | 30. It should be borne in mind from the outset that, according to settled case-law, whilst the exemptions provided for in, inter alia, Article 13B(d)(6) of the Sixth Directive are autonomous concepts of EU law which must, in principle, be given a common definition in order to avoid divergences in the application of the VAT system from one Member State to another, so that the Member States cannot alter their content, that is not the case where the EU legislature has conferred on the Member States the task of defining certain terms of an exemption (see, to that effect, judgments in Abbey National , C‑169/04, EU:C:2006:289, paragraphs 38 and 39; JP Morgan Fleming Claverhouse Investment Trust and The Association of Investment Trust Companies , C‑363/05, EU:C:2007:391, paragraphs 19 and 20; Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 16; and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 40). | 61. Dans ces conditions, un État membre qui s’abstient de constater le droit des Communautés sur les ressources propres et de mettre le montant correspondant à la disposition de la Commission, sans que l’une des conditions prévues à l’article 17, paragraphe 2, des règlements n os 1552/89 et 1150/2000 soit remplie, manque à ses obligations en vertu du droit communautaire (voir arrêts du 18 octobre 2007, Commission/Danemark, C‑19/05, Rec. p. I‑8597, point 32, et du 8 juillet 2010, Commission/Italie, C‑334/08, précité, point 51). | 0 |
867,085 | 56. In so far as Article 65(1)(a) TFEU is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the State in which they invest their capital is automatically compatible with the Treaty (see Case C‑11/07 Eckelkamp and Others [2008] ECR I‑6845, paragraph 57, and Case C‑510/08 Mattner [2010] ECR I-0000, paragraph 32). | 32. In so far as that provision of Article 58 EC is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. It cannot therefore be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the Member State in which they invest their capital is automatically compatible with the Treaty (see Jäger , paragraph 40; Eckelkamp and Others , paragraph 57; and Arens-Sikken , paragraph 51). | 1 |
867,086 | 69. A Member State cannot rely on a double taxation convention in order to avoid its obligations imposed under the Treaty (see Denkavit Internationaal and Denkavit France , paragraph 53, and Amurta , paragraph 55). | 35. It follows from the foregoing that the measures which can be adopted on the basis of Article 57 of the 2003 Act of Accession are limited, in principle, to adaptations intended to render earlier Community measures applicable in the new Member States, to the exclusion of all other amendments (see, by way of analogy, in respect of the identical provision contained in the 1994 Act of Accession, Parliament v Council , cited above, paragraphs 14 and 19), and, particularly, to the exclusion of temporary derogations. | 0 |
867,087 | 31 In those circumstances the threshold provided for in Article 9(b) of the Directive cannot be regarded as affecting victims' rights of access to the courts (today's judgment in Commission v France, cited above, paragraph 31). | 31 In those circumstances the threshold provided for in Article 9(b) of the Directive cannot be regarded as affecting victims' rights of access to the courts (Commission v Greece, cited above, paragraph 31). | 1 |
867,088 | 246. It follows that a plea must be declared inadmissible in so far as it seeks a general re-examination of the fines (see Baustahlgewebe v Commission , paragraph 129, and British Sugar v Commission , paragraph 49). | 49. The answer to the fourth question should therefore be that activities involving the processing of personal data such as those referred to at points (c) and (d) of the first question and relating to personal data files which contain solely, and in unaltered form, material that has already been published in the media, fall within the scope of application of the directive.
The second question | 0 |
867,089 | 10. As a preliminary point, it should be pointed out that, according to settled case-law, although direct taxation falls within the competence of the Member States, the latter must none the less exercise that competence consistently with Community law (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16, and Case C-319/02 Manninen [2004] ECR I-7477, paragraph 19). In particular, the national provision must not obstruct the functioning of the mechanism established by Regulation No 4253/88 (see, to that effect, Joined Cases C-36/80 and 71/80 Irish Creamery Milk Suppliers Association & Others [1981] ECR 735, paragraph 15). | 43 Enfin, s'agissant de l'argument du gouvernement autrichien concernant la difficulté d'établir, dans certains cas, le caractère trompeur d'une indication ayant trait à la santé, il y a lieu de constater qu'il appartient aux juridictions nationales, dans toutes les situations douteuses, de forger leur conviction en prenant en considération l'attente présumée d'un consommateur moyen, normalement informé et raisonnablement attentif et avisé (voir, en ce sens, arrêt du 4 avril 2000, Darbo, C-465/98, Rec. p. I-2297, point 20). | 0 |
867,090 | 26. It follows in particular that Member States are required to check taxable persons’ returns, accounts and other relevant documents, and to calculate and collect the tax due (see judgments in Commission v Italy , C‑132/06, EU:C:2008:412, paragraph 37; Profaktor Kulesza , Frankowski, Jóźwiak, Orłowski , C‑188/09, EU:C:2010:454, paragraph 21; and Enel Maritsa Iztok 3 , C‑107/10, EU:C:2011:298, paragraph 52). | 20. First, Mr Merckx and Mr Neuhuys claimed that in the circumstances at issue in the main proceedings there had been neither a transfer of the company ' s tangible or intangible assets nor at least partial preservation of the undertaking ' s structure and organization. Moreover, the municipalities of the Brussels conurbation in which Novarobel has its principal place of business are different from those in which Anfo Motors carried on its business. | 0 |
867,091 | 93. It follows that, with respect to foreign workers enjoying equal treatment as regards remuneration and other conditions of work, the denial of the right to stand as a candidate for election to a body representing and defending the interests of workers, such as the chambers of workers in Austria, can be justified neither by the legal nature of the body in question under national law nor by the fact that certain of its functions could involve participation in the exercise of powers conferred by public law (see ASTI I , paragraph 20). | 38. Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 90; Servizi Ausiliari Dottori Commercialisti , paragraph 64; and Essent Netwerk Noord and Others , paragraph 83). | 0 |
867,092 | 32. It is settled case‑law that that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the perception of them by the relevant public ( Storck v OHIM , paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). Furthermore, the Court has held, as OHIM points out in its appeal, that that method of assessment is also applicable to an analysis of the distinctive character of signs consisting solely of a colour per se, three‑dimensional marks and slogans (see, to that effect, respectively, Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraph 78; Storck v OHIM , paragraph 26; and Audi v OHIM , paragraphs 35 and 36). | 51. A cash-flow disadvantage which arises from a cross-border situation can form a restriction on a fundamental freedom where such a disadvantage does not arise in a purely national situation (see, to that effect, judgments in Metallgesellschaft and Others , C‑397/98 and C‑410/98, EU:C:2001:134, paragraphs 44, 54 and 76; X and Y , C‑436/00, EU:C:2002:704, paragraphs 36 and 37; Rewe Zentralfinanz , C‑347/04, EU:C:2007:194, paragraphs 26 to 30; National Grid Indus , C‑371/10, EU:C:2011:785, paragraphs 36 and 37; DMC , C‑164/12, EU:C:2014:20, paragraphs 40 to 43; and Commission v Germany , C‑591/13, EU:C:2015:230, paragraphs 55 to 61). | 0 |
867,093 | 56
It should also be noted that, according to recital 23 of Directive 2004/38, expulsion of Union citizens and their family members on grounds of public policy or public security is a measure that can seriously harm persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State. For that reason, as follows from recital 24, Directive 2004/38 establishes a system of protection against expulsion measures which is based on the degree of integration of the persons concerned in the host Member State, so that the greater the degree of integration of Union citizens and their family members in the host Member State, the greater the degree of protection against expulsion should be (judgment of 23 November 2010, Tsakouridis, C‑145/09, EU:C:2010:708, paragraphs 24 and 25). | 39. It must be recalled, in that regard, that the Court has already made clear that Article 102 TFEU prohibits a dominant undertaking from, inter alia, adopting pricing practices which have an exclusionary effect on its equally efficient actual or potential competitors (see, to that effect, Deutsche Telekom v Commission , paragraph 177 and case-law cited). | 0 |
867,094 | 67
It must be noted, in that regard, that the protection of the health is one of the objectives which may be regarded as overriding reasons in the public interest capable of justifying a restriction on the freedom to provide services (see, to that effect, judgments of 10 March 2009, Hartlauer, C‑169/07, EU:C:2009:141, paragraph 46, and of 12 September 2013, Konstantinides, C‑475/11, EU:C:2013:542, paragraph 51). | 391. That complaint must be rejected. | 0 |
867,095 | 47. Admittedly, that criterion cannot be regarded as exclusive, inasmuch as pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work ( Beune , paragraph 44; Evrenopoulos , paragraph 20; Griesmar , paragraph 29; Niemi , paragraph 46; and Schönheit and Becker , paragraph 57). | 40. The amount of such a care allowance depends of the degree of reliance on care. It corresponds to the time spent on care, expressed in terms of hours per month. Assessment of reliance on care is regulated in detail in a measure laying down a classification according to degrees of reliance. The other income of the person reliant on care has no effect on the amount of the care allowance. | 0 |
867,096 | 89. The Court of Justice is therefore bound in principle to give a ruling unless it is obvious that the request is in reality designed to induce the Court to give a ruling by means of a fictitious dispute, or to deliver advisory opinions on general or hypothetical questions, or that the interpretation of Community law requested bears no relation to the actual facts of the main action or its purpose, or that the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, in particular, Case 244/80 Foglia v Novello [1981] ECR 3045, paragraph 18; Bosman , paragraph 61; and Case C-134/95 USSL No 47 di Biella [1997] ECR I-195, paragraph 12). | 26 It follows that, once discrimination has been found to exist, and an employer takes steps to achieve equality for the future by reducing the advantages of the favoured class, achievement of equality cannot be made progressive on a basis that still maintains discrimination, even if only temporarily. | 0 |
867,097 | 18. In that regard, it must be borne in mind that, in the procedure of cooperation established by Article 234 EC, it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver (see, inter alia, Case C‑435/97 WWF and Others [1999] ECR I-5613, paragraph 32, and Case C-510/99 Tridon [2001] ECR I-7777, paragraph 28). | 27. The contested decision was notified to the Kingdom of Belgium on 5 December 2000 under number C (2000) 3563. | 0 |
867,098 | 13 As the Court held in its judgment in Case C-270/83 Commission v France [1986] ECR 273, at paragraph 18, the freedom of establishment which Article 52 grants to nationals of a Member State, and which entails the right for them to take up and pursue activities as self-employed persons under the conditions laid down for its own nationals by the law of the Member State where such establishment is effected, includes, pursuant to Article 58 of the EEC Treaty, the right of companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community to pursue their activities in the Member State concerned through a branch or agency. With regard to companies, it should be noted in this context that it is their seat in the abovementioned sense that serves as the connecting factor within the legal system of a particular State, like nationality in the case of natural persons. In the same judgment the Court held that acceptance of the proposition that the Member State in which a company seeks to establish itself may freely apply to it different treatment solely by reason of the fact that its seat is situated in another Member State would deprive the provision of all meaning. | 80 On the other hand, paragraph 3.4 of the Guidelines makes it clear that the Commission will not approve operating aid, even where it is intended to meet environmental protection objectives, other than in very specific cases relating to waste management and temporary relief from environmental taxes. | 0 |
867,099 | 125. Access to the file in competition cases is intended, in particular, to enable the addressees of statements of objections to acquaint themselves with the evidence in the Commission's file so that, on the basis of that evidence, they can express their views effectively on the conclusions reached by the Commission in its statement of objections (Case C-51/92 P Hercules Chemicals v Commission [1999] ECR I-4235, paragraph 75 and the case-law cited therein, and Limburgse Vinyl Maatschappij and Others , paragraph 315). | 49 Second, any justification for the grant of advantages to undertakings whose activity consists primarily in the production of goods is not to be found in the nature or general scheme of the taxation system established under the Strukturanpassungsgesetz of 1996. | 0 |
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