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867,300 | 31. Concerning Article 41(1) of the Additional Protocol, it must be stated that, as is apparent from its very wording, it formulates, in clear, precise and unconditional terms, an unequivocal standstill clause, which prohibits the Contracting Parties from introducing new restrictions on freedom of establishment and freedom to provide services with effect from the date of entry into force of the Additional Protocol (see judgment in Demirkan , EU:C:2013:583, paragraph 37). | 32 It follows that, where entitlement to benefits which arose in the State of residence is lost because an age-limit has been reached, the competent institution of another Member State is not required to grant benefits to the persons concerned, unless they have acquired their entitlement there solely on the basis of the periods of insurance completed in that State. | 0 |
867,301 | 51
When called upon to interpret the equivalent provisions of Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33), the Court has previously held that, in a public procurement procedure, tenderers have a legitimate interest in the exclusion of the bids submitted by the other tenderers with a view to obtaining the contract (see, to that effect, judgments of 4 July 2013, Fastweb, C‑100/12, EU:C:2013:448, paragraph 33; of 5 April 2016, PFE, C‑689/13, EU:C:2016:199, paragraph 27; and of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich, C‑355/15, EU:C:2016:988, paragraph 29), whatever the number of participants in the procedure and the number of participants who have instigated review procedures (see, to that effect, judgment of 5 April 2016, PFE, C‑689/13, EU:C:2016:199, paragraph 29). | 14. It is possible for the Court to refuse to give a preliminary ruling on a question submitted by a national court only where, inter alia, it is quite obvious that the ruling sought by that court on the interpretation or validity of Community law bears no relation to the actual facts of the main action or its purpose or where the problem is hypothetical ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 35, and Intertanko and Others , paragraph 32). | 0 |
867,302 | 38. Under the principle of cooperation laid down in Article 10 EC, it is for the Member States to ensure judicial protection of an individual’s rights under Community law (see, to that effect, Case 33/76 Rewe , [1976] ECR 1989, paragraph 5; Case 45/76 Comet [1976] ECR 2043, paragraph 12; Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 and 22; Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19; and Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12). | 39. That interpretation is supported by the purpose of Directive 92/50 which aims to eliminate barriers to the freedom to provide services and therefore to protect the interests of economic operators established in a Member State who wish to offer services to contracting authorities established in another Member State (see, in particular, Case C‑380/98 University of Cambridge [2000] ECR I‑8035, paragraph 16). | 0 |
867,303 | 71. According to the Court’s case‑law, a presumption remains within acceptable limits so long as it is proportionate to the legitimate aim pursued, it is possible to adduce evidence to the contrary and the rights of the defence are safeguarded. The fact that it is difficult to adduce the necessary evidence to the contrary in order to rebut the presumption or the mere fact that an entity does not, in a given case, produce evidence capable of rebutting a presumption does not, in itself, mean that that presumption cannot in fact be rebutted, especially where, as is the case with the presumption at issue, the entities against which the presumption operates are those best placed to seek that evidence within their own sphere of activity ( Elf Aquitaine v Commission , paragraphs 62, 66 and 70). | 59. It is clear from the 4th and 11th recitals in the preamble to the Directive that the threatened habitats and species form part of the European Community’s natural heritage and that the threats to them are often of a transboundary nature, so that the adoption of conservation measures is a common responsibility of all Member States. Accordingly, faithful transposition becomes particularly important in an instance such as the present one, where management of the common heritage is entrusted to the Member States in their respective territories (see Commission v United Kingdom , paragraph 25) | 0 |
867,304 | 38
With respect to the principle of effectiveness, the Court has also held that a two-year time limit, such as that provided for in Article 19(1) of Decree No 633, at issue in the main proceedings, cannot, in itself, render the exercise of the right to deduct virtually impossible or excessively difficult, since Article 167 and the first paragraph of Article 179 of the VAT Directive allow Member States to require that the taxable person exercise his right to deduct during the same period as that in which it arose (see, to that effect, judgment of 8 May 2008 in Ecotrade, C‑95/07 and C‑96/07, EU:C:2008:267, paragraph 48). | 103. As that examination is limited to a judicial review of the pleas in law, it has neither the object nor the effect of replacing a full investigation of the case in the context of an administrative procedure (see Solvay v Commission , paragraphs 98 and 103). It is common ground that belated disclosure of documents in the file does not put the undertaking which has brought the action against the Commission decision back into the situation it would have been in if it had been able to rely on those documents in presenting its written and oral observations to the Commission (see Hercules Chemicals v Commission , paragraph 79). | 0 |
867,305 | 28. According to the case-law, whether a Member State has failed to fulfil its obligations must be determined by referen ce to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes (see, inter alia, Case C-388/02 Commission v Ireland [2003] ECR I-12173, paragraph 6). | 31 In relation to direct taxes, the situations of residents and of non-residents are not, as a rule, comparable. | 0 |
867,306 | 146. Indépendamment du fait de savoir si les requérants avaient soulevé devant le Tribunal l’argument tiré de la pertinence des informations relatives aux bénéficiaires des régimes fiscaux litigieux dans le cadre de la procédure d’examen préliminaire de ceux-ci en relation avec le moyen tiré du caractère déraisonnable de la durée de cet examen, ils sont en tout état de cause recevables à former un pourvoi à l’encontre de la constatation relative à la pertinence de telles informations faite par le Tribunal au point 266 de l’arrêt attaqué, puisque cette constatation a été effectuée pour la première fois dans cet arrêt (voir arrêt du 21 février 2008, Commission/Girardot, C‑348/06 P, Rec. p. I‑833, point 50 et jurisprudence citée). | 26. Article 9 of the Protocol sets out the principle of immunity of Members of the European Parliament in respect of opinions expressed or votes cast by them in the performance of their duties. As that article makes no reference to national rights, the scope of that immunity must be established on the basis of Community law alone (see, by analogy, Case 149/85 Wybot [1986] ECR 2391, paragraph 12). | 0 |
867,307 | 56. It should be noted at the outset that the Court has already held, with regard to the activities of vehicle inspection centres carried out by private bodies in Portugal, that the decision whether or not to certify roadworthiness lacked the decision-making independence inherent in the exercise of public authority powers and was taken in the context of State supervision (see judgment in Commission v Portugal , C‑438/08, EU:C:2009:651, paragraph 41). Moreover, the Court has held that those bodies do not, in connection with their activities, have any power of coercion, as the right to impose penalties for failure to comply with the rules on vehicle inspection belongs to the police and judicial authorities (see judgment in Commission v Portugal , C‑438/08, EU:C:2009:651, paragraph 44). | 57. It thus follows from Article 62(1) of Regulation No 40/94 that, through the effect of the appeal brought before it, the Board of Appeal is called upon to carry out a new, full examination of the merits of the opposition, in terms of both law and fact. | 0 |
867,308 | 20. It must be borne in mind that the Court may of its own motion, on a proposal from the Advocate General, or at the request of the parties, reopen the oral procedure in accordance with Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see order in Case C‑17/98 Emesa Sugar [2000] ECR I‑665, paragraph 18; Case C‑210/03 Swedish Match [2004] ECR I‑11893, paragraph 25; Case C‑466/03 Albert Reiss Beteiligungsgesellschaft [2007] ECR I-5357, paragraph 29; and Case C‑491/06 Danske Svineproducenter [2008] ECR I‑000, paragraph 21). | 35 This means that, where such discrimination has been suffered, equal treatment is to be achieved by placing the worker discriminated against in the same situation as that of workers of the other sex. | 0 |
867,309 | 79. Such a mechanism is distinguished by the fact, derogating from the principle of territoriality, that the protection conferred is determined by the law of the Member State of origin and by factual circumstances and perceptions in that State ( Exportur , paragraphs 12, 13 and 38). | 33 If, after the event, the appointing authority finds that the conditions of eligibility laid down in the vacancy notice were more exacting than the needs of the service demanded, it is entitled to reopen the procedure after withdrawing the original vacancy notice and putting an amended one in its place (Grassi v Council, cited above, paragraph 43). | 0 |
867,310 | 80. According to settled case-law, needs in the general interest, not having an industrial or commercial character, within the meaning of Article 1(b) of the Community directives coordinating the award of public contracts are generally needs which are satisfied otherwise than by the supply of goods and services in the marketplace and which, for reasons associated with the general interest, the State chooses to provide itself or over which it wishes to retain a decisive influence (see, inter alia, Adolf Truley , paragraph 50, and Case C-18/01 Korhonen [2003] ECR I-5321, paragraph 47). | 41
As stated in recital 17 of that regulation, the scientific substantiation is to be the main aspect to be taken into account for the use of nutrition and health claims. Moreover, recital 23 of the regulation provides that the health claims are only be authorised for use in the European Union after a scientific assessment of the highest possible standard and that, in order to ensure harmonised scientific assessment of these claims, the European Food Safety Authority is to carry out such assessments. | 0 |
867,311 | 15. As the Court has held, the concept of ‘worker’ within the meaning of Article 39 EC has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a ‘worker’. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for w hich he receives remuneration (see, in particular, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraphs 16 and 17, and Case C-138/02 Collins [2004] ECR I-0000, paragraph 26). | 30. However, Article 2(7)(a) of the basic regulation, under which priority is accorded to the main method laid down by that provision — which consists in determining normal value on the basis of the price or constructed value in a market economy third country — requires the European Union institutions to examine with all due care the information they possess, including, in particular, Eurostat statistics, in order to ascertain whether it is possible to select an analogue country for the purposes of that provision. | 0 |
867,312 | 44. As a preliminary remark, it is clear from the Court’s case-law that an alleged failure to have regard to the rules of evidence is a question of law, which is admissible in an appeal (see, to that effect, Case C-199/92 P Hüls v Commission [1999] ECR I‑4287, paragraph 65, and Joined Cases C‑403/04 P and C‑405/04 P Sumitomo Metal Industries and Nippon Steel v Commission [2007] ECR I‑729, paragraph 40). Thus, in so far as Impala, under its general plea of inadmissibility, specifically argues that the third ground of appeal is inadmissible in its entirety, that argument cannot be accepted. | 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 |
867,313 | 26. In paragraph 53 of its judgment in Abbey National the Court held that Article 13B(d)(6) of the Sixth Directive covers special investment funds whatever their legal form. Undertakings for collective investment constituted under the law of contract or trust law, and those constituted under statute both come within the scope of that provision. | 25
However, if the national court were to find that a clause is unfair, the right to effective consumer protection also includes the option not to assert one’s rights, with the effect that the national court must take into account, where appropriate, the intention expressed by the consumer when, conscious of the non-binding nature of an unfair term, that consumer states nevertheless that he is opposed to that term being disregarded, thus giving his free and informed consent to the term in question (see judgment in Banif Plus Bank, C‑472/11, EU:C:2013:88, paragraph 35). | 0 |
867,314 | 88
Where necessary, if it is noted that the state of health of the asylum seeker concerned is not expected to improve in the short term, or that the suspension of the procedure for a long period would risk worsening the condition of the person concerned, the requesting Member State may choose to conduct its own examination of his application by making use of the ‘discretionary clause’ laid down in Article 17(1) of the Dublin III Regulation (see, to that effect, judgment of 30 May 2013, Halaf, C‑528/11, EU:C:2013:342, paragraph 38). The fact nevertheless remains that that provision, read in the light of Article 4 of the Charter, cannot be interpreted, in a situation such as that at issue in the main proceedings, as meaning that it implies an obligation on that Member State to make use of it in that way. | 36 As regards the second part of the second question, it should be borne in mind that any rules of evidence which have the effect of making it virtually impossible or excessively difficult to secure repayment of charges levied in breach of Community law are incompatible with Community law. That is so particularly in the case of presumptions or rules of evidence intended to place upon the taxpayer the burden of establishing that the charges unduly paid have not been passed on to other persons or of special limitations concerning the form of the evidence to be adduced, such as the exclusion of any kind of evidence other than documentary evidence (San Giorgio, cited above, paragraph 14). | 0 |
867,315 | 28. Finally, according to the Court’s case-law, irrespective of whether freedom of establishment or freedom to provide services is invoked, it is only where the activity in question is the corollary of the exercise of an economic activity that the ‘standstill’ clause may relate to the conditions of entry and residence of Turkish nationals within the territory of the Member States (judgment in Demirkan , C‑221/11, EU:C:2013:583, paragraph 55). | 55. Consequently, irrespective of whether freedom of establishment or freedom to provide services in invoked, it is only where the activity in question is the corollary of the exercise of an economic activity that the ‘standstill’ clause may relate to the conditions of entry and residence of Turkish nationals within the territory of the Member States. | 1 |
867,316 | 50 The Court must observe that, according to its case-law established in the context of the interpretation of both the provisions of the Treaty and those of the agreement establishing an association between the European Economic Community and Turkey (OJ 1973 C 133, p. 1), the right to the same treatment as nationals in regard to establishment, as defined by Article 45(1) of the Association Agreement, in wording similar or identical to that of Article 52 of the Treaty, does indeed mean that rights of entry and residence, as corollaries of the right of establishment, are conferred on Bulgarian nationals wishing to pursue activities of an industrial or commercial character, activities of craftsmen, or activities of the professions in a Member State (Royer, cited above, paragraphs 31 and 32, and Case C-37/98 Savas [2000] ECR I-2927, paragraphs 60 and 63). | 25. The restriction can therefore be justified only by overriding reasons in the public interest. It is further necessary, in such a case, that the restriction be appropriate for ensuring the attainment of the objective that it pursues and not go beyond what is necessary to attain it (see the judgment in Lidl Belgium , EU:C:2008:278, paragraph 27 and the case-law cited). | 0 |
867,317 | 24. In that regard, first, it must be recalled that the second subparagraph of Article 4(5) of the Sixth Directive is intended to ensure compliance with the principle of neutrality of the tax, which precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (Case C-498/03 Kingscrest Associates and Montecello [2005] ECR I‑4427, paragraph 41) and that that provision envisages the situation in which bodies governed by public law engage, as entities subject to public law, namely under the special regime applicable to them, in activities or transactions which may also be engaged in, in competition with them, by private individuals under a regime governed by private law or on the basis of administrative concessions (see, to that effect, Joined Cases 231/87 and 129/88 Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 22). | 38 Those findings, which are not contradicted by the Greek Government, show that the system of inspections put in place relies exclusively on the competence and action of specific agents, who alone are in a position to verify the accuracy of applications for premiums. Verification by external services, both national and Community, is thus precluded. The system of controls therefore lacks the objectivity required by Community legislation. | 0 |
867,318 | 39. In that regard, it should be noted that the principle of proportionality, which is one of the general principles of European Union law, requires measures implemented through provisions of European Union law to be appropriate for attaining the objective pursued and not to go beyond what is necessary to achieve it (Case C-59/11 Association Kokopelli [2012] ECR, paragraph 38 and case-law cited). | 38. According to settled case-law, the principle of proportionality — the alleged breach of which should be examined first of all — is one of the general principles of EU law and requires that measures implemented through provisions of EU law be appropriate for attaining the legitimate objectives pursued by the legislation at issue and must not go beyond what is necessary to achieve them (Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 ABNA and Others [2005] ECR I-10423, paragraph 68; Case C-558/07 S.P.C.M. and Others [2009] ECR I-5783, paragraph 41; and Case C-58/08 Vodafone and Others [2010] ECR I-4999, paragraph 51). | 1 |
867,319 | 15 In that regard, it should be pointed out that according to settled case-law the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-148/00 Commission v Italy [2001] ECR I-9823, paragraph 7 and Case C-372/01 Commission v Luxembourg [2002] ECR I-0000, paragraph 7). | 15 IN OTHER WORDS, DISREGARDING THE CONCEPTS USED BY FRENCH LEGISLATION AND PRACTICE, THE SUPPLEMENTARY MECHANICAL REPRODUCTION FEE MAY THUS BE ANALYSED AS CONSTITUTING PART OF THE PAYMENT FOR AN AUTHOR' S RIGHTS OVER THE PUBLIC PERFORMANCE OF A RECORDED MUSICAL WORK . MOREOVER, THE AMOUNT OF THAT ROYALTY, LIKE THAT OF THE PERFORMANCE FEE STRICTLY SO CALLED, IS CALCULATED ON THE BASIS OF THE DISCOTHEQUE' S TURNOVER AND NOT THE NUMBER OF RECORDS BOUGHT OR PLAYED . | 0 |
867,320 | 37. It follows from the Court’s settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and in the section or chapter notes. The objective characteristics and properties of products must be capable of being assessed at the time of customs clearance (see, to that effect, judgment in Panasonic Italia and Others , C‑472/12, EU:C:2014:2082, paragraphs 35 and 36 and the case-law cited). | 24. En deuxième lieu, ainsi que la Commission européenne le fait valoir, il convient de constater que l’objectif poursuivi par la directive 87/344, et en particulier par son article 4, de protéger de manière large les intérêts des assurés (voir, en ce sens, arrêt Eschig, précité, point 45) n’est pas compatible avec une interprétation restrictive de l’article 4, paragraphe 1, sous a), de cette directive, telle que celle proposée par DAS. | 0 |
867,321 | 37 On this point, it need only be noted that the prohibition laid down in Article 10 of the Directive is expressed in sufficiently precise and unconditional terms to be relied upon by individuals in the national courts in order to contest a provision of national law which is contrary to the Directive (Solred, paragraph 29, and Modelo I, paragraph 34). | 29 In this case, it is sufficient to observe that the prohibition laid down in Article 10 of the Directive is expressed in sufficiently precise and unconditional terms to be invoked by individuals in their national courts in order to contest a provision of national law which infringes the Directive. | 1 |
867,322 | 93. In that regard, the Court has already held that the protection of fundamental rights is a legitimate interest which, in principle, justifies a restriction of the obligations imposed by Community law, even under a fundamental freedom guaranteed by the Treaty, such as the free movement of goods (see Case C‑112/00 Schmidberger [2003] ECR I‑5659, paragraph 74) or freedom to provide services (see Case C‑36/02 Omega [2004] ECR I‑9609, paragraph 35). | 72. In a situation such as that in the cases in the main proceedings, it is therefore for the receiving agency to inform without delay the addressees of the document of their right to refuse to accept that document, by sending them, in accordance with Article 8(1) of Regulation No 1393/2007, the standard form set out in Annex II to that regulation. | 0 |
867,323 | 46. It is thus clear from case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 37. Il en découle que, aux fins de l’interprétation de la directive 2003/4, il y a lieu de tenir compte du texte et de l’objet de la convention d’Aarhus que cette directive vise à mettre en œuvre dans le droit de l’Union (voir, en ce sens, arrêt Flachglas Torgau, précité, point 40). | 0 |
867,324 | 42
In that context, it noted that, given that the hyperlink and the website to which it refers give access to the protected work using the same technical means, namely the internet, such a link must be directed to a new public. Where that is not the case, in particular, due to the fact that the work is already freely available to all internet users on another website with the authorisation of the copyright holders, that act cannot be categorised as a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29. Indeed, as soon as and as long as that work is freely available on the website to which the hyperlink allows access, it must be considered that, where the copyright holders of that work have consented to such a communication, they have included all internet users as the public (see, to that effect, judgment of 13 February 2014, Svensson and Others, EU:C:2014:76, paragraphs 24 to 28, and order of 21 October 2014, BestWater International, C‑348/13, not published, EU:C:2014:2315, paragraphs 15, 16 and 18). | 90. It must be acknowledged that annulment of the contested decision without maintenance of its effects would be liable to hamper the conduct of operations carried out on the basis of the EU-Mauritius Agreement and, in particular, the full effectiveness of the prosecutions and trials of suspected pirates arrested by EUNAVFOR. | 0 |
867,325 | 27 It must be observed right away that as the Court held in its judgment in Case 102/87 (France v Commission [1988] ECR 4067, at paragraph 19), aid may be such as to affect trade between the Member States and distort competition where the recipient undertaking competes with producers in other Member States, even if it does not itself export its products. Where a Member State grants aid to an undertaking, domestic production may thereby be maintained or increased with the result that undertakings established in other Member States have significantly less chance of exporting their products to the market in that Member State. Furthermore, even aid of a relatively small amount is liable to affect trade between Member States where there is strong competition in the sector in question (judgment in Case 259/85 France v Commission [1987] ECR 4393, at paragraph 24). | 15 The Italian Government has also contended that, even if electricity does constitute goods within the meaning of the Treaty, it is clear from the judgments in Case C-275/92 H.M. Customs and Excise v Schindler [1994] ECR I-1039 and Case C-260/89 ERT v DEP [1991] ECR I-2925 that the import and export of goods for the sole purpose of providing services form part of the services themselves and accordingly escape the rules governing the free movement of goods. | 0 |
867,326 | 42. However, as the Court has already held, although the claims as stated in the application cannot as a rule be extended beyond the infringements alleged in the operative part of the reasoned opinion and in the letter of formal notice, the fact nevertheless remains that the Commission has standing to seek a declaration that a Member State has failed to fulfil obligations which were created in the original version of a European Union measure, subsequently amended or repealed, and which were maintained in force under the provisions of a new European Union measure. Conversely, the subject‑matter of the dispute cannot be extended to obligations arising under new provisions which do not correspond to those arising under the original version of the measure concerned, for otherwise it would constitute a breach of the essential procedural requirements of infringement proceedings (see, in that regard, Case C‑365/97 Commission v Italy [1999] ECR I‑7773, paragraph 36; Case C‑363/00 Commission v Italy [2003] ECR I‑5767, paragraph 22, and Case C‑416/07 Commission v Greece , cited above, paragraph 28). | 25 What is more, the criterion of whether the burden is offset, in order to be usefully and correctly applied, presupposes a check, during a reference period, on the financial equivalence of the total amounts levied on domestic products in connection with the charge in question and the advantages afforded exclusively to those products. Any other parameter, such as the nature, scope or indispensable character of those advantages, would not provide a sufficiently objective basis for determining whether a domestic fiscal measure is compatible with the Treaty (Celbi, cited above, paragraph 18). | 0 |
867,327 | 25. The Court has already held that, in order to be categorised as social security benefits, benefits must be regarded, irrespective of the characteristics peculiar to different national legal systems, as being of the same kind when their purpose and object as well as the basis on which they are calculated and the conditions for granting them are identical. On the other hand, characteristics which are purely formal must not be considered relevant criteria for the classification of the benefits (see, to that effect, Case 171/82 Valentini [1983] ECR 2157, paragraph 13). | 10. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15 et jurisprudence citée). | 0 |
867,328 | 93. Moreover, the Court has held that Article 13 of Decision No 1/80 must be interpreted as meaning that a tightening of a provision which provided for a relaxation of the provision applicable to the conditions for the exercise of the freedom of movement of Turkish workers at the time of the entry into force of Decision No 1/80 in the Member State concerned, constitutes a ‘new restriction’, even where that tightening does not make those conditions more stringent than those under the provision applicable at the time of the entry into force of Decision No 1/80 in that Member State (see, to that effect, Toprak and Oguz , paragraph 62). | 7. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15, et du 25 février 2010, Commission/France, C‑170/09, point 6). | 0 |
867,329 | 81. In accordance with the Court’s settled case-law, a practice of a Member State which is contrary to European Union rules cannot give rise to a legitimate expectation on the part of an individual who benefits from that situation (see, to that effect Case 5/82 Maizena [1982] ECR 4601, paragraph 22, and Joined Cases C-31/91 to C-44/91 Lageder and Others [1993] ECR I-1761, paragraph 34). It follows that the conduct of a national authority responsible for applying European Union law, which acts in breach of that law, cannot give rise to a legitimate expectation on the part of an individual of beneficial treatment contrary to European Union law (see Case C-153/10 Sony Supply Chain Solutions (Europe) [2011] ECR I-2775, paragraph 47 and case-law cited). | 81. By its very nature, that condition enables such a concentration to be avoided and is thus likely to lead to a more even distribution of pharmacies within a given geographical area. | 0 |
867,330 | 56. An association such as Forum 187 which is responsible for protecting the collective interests of coordination centres established in Belgium is, as a rule, entitled to bring an action for annulment against a final decision of the Commission in matters of State aid only if the undertakings which it represents or some of those undertakings themselves have locus standi (Case C-6/92 Federmineraria and Others v Commission [1993] ECR I‑6357, paragraphs 15 and 16) or if it can prove an interest of its own (Case C-313/90 CIRFS and Others v Commission [1993] ECR I‑1125, paragraphs 29 and 30). | 35. First, it is clear, both from the case-law of the Court and from Article 152(5) EC and recital 26 in the preamble to Directive 2005/36, that Community law does not detract from the power of the Member States to organise their social security systems and to adopt, in particular, provisions intended to govern the organisation of health services such as pharmacies. In exercising that power, however, the Member States must comply with Community law, in particular the provisions of the Treaty on the freedoms of movement, including freedom of establishment and the free movement of capital. Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of those freedoms in the healthcare sector (see, to this effect, Case C-372/04 Watts [2006] ECR I-4325, paragraphs 92 and 146, and Case C-169/07 Hartlauer [2009] ECR I‑0000, paragraph 29). | 0 |
867,331 | 16
It must be borne in mind that, under the procedure laid down by Article 267 TFEU, providing for cooperation between referring courts and the Court of Justice, it is for the latter to provide the referring court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. In that regard, it is for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision referring the questions, the points of EU law which require interpretation, having regard to the subject matter of the dispute (see, inter alia, judgment of 14 April 2016, Cervati and Malvi, C‑131/14, EU:C:2016:255, paragraph 26). | 24 Where a dividend is paid under a group income election by a subsidiary resident in the United Kingdom to its parent company which is also resident in the United Kingdom, no ACT is payable by the subsidiary and the parent company is not entitled to a tax credit. A group of companies may not simultaneously benefit from a group income election and from a tax credit in respect of the same dividend. | 0 |
867,332 | 49. The Court has thus held , in the context of the transfer of a company’s place of effective management from one Member State to another Member State, that the former State is – in accordance with the principle of fiscal territoriality, connected with a temporal component, namely the fact that the taxable person is resident for tax purposes within national territory during the period in which the capital gains arise – entitled to tax those gains at the time the tax payer leaves the country (see N , paragraph 46). Such a measure is intended to avoid situations capable of jeopardising the right of the Member State of origin to exercise its powers of taxation in relation to activities carried on in its territory, and may therefore be justified on grounds connected with the preservation of the balanced allocation of powers to impose taxes between the Member States (see Marks & Spencer , paragraph 46; Oy AA , paragraph 54; Case C‑311/08 SGI [2010] ECR I‑487, paragraph 60; and National Grid Indus , paragraph 46). | 31. That provision, although successively replaced by Article 33(1) of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector (OJ 1999 L 252, p. 1) and by Article 15(1) of Regulation No 1260/2001, has remained essentially unchanged. | 0 |
867,333 | 52. As the Court later made clear, the insured person’s right to such additional reimbursement falls within the limits of the costs actually incurred in the Member State of stay (see, to that effect, Watts , paragraphs 131 and 143). | 52. In the present case, first, the appellants seek, by their action, the annulment of the contested decision by which the Commission confirms that aid measure E 2/2005 is compatible with the common market, following the commitments provided by the Netherlands authorities amending the aid scheme which benefitted the appellants. It is apparent from recital 41 to the contested decision that those commitments will be implemented by a ministerial decree and by a new housing law. | 0 |
867,334 | 22
In the second place, as regards the test for urgency, it is necessary, according to the case-law of the Court, to take into consideration the fact that the person involved in the main proceedings is currently deprived of his liberty and that the question as to whether he may continue to be held in custody depends on the outcome of the dispute in the main proceedings (see, to that effect, judgment of 16 July 2015 in Lanigan, C‑237/15 PPU, EU:C:2015:474, paragraph 24). In addition, the situation of the person concerned must be assessed as it existed at the time when consideration was given to whether the request for a preliminary ruling should be dealt with under the urgent procedure (see, to that effect, judgment of 15 February 2016 in N., C‑601/15 PPU, EU:C:2016:84, paragraph 40). | 37 First, it is well established in case-law that a product which is lawfully marketed in one Member State must in principle be able to be marketed in any other Member State without being subject to additional controls, save in the case of exceptions provided for or allowed by Community law (see, in particular, Case 120/78 Rewe-Zentral (Cassis de Dijon) [1979] ECR 649, paragraph 14, and Case C-123/00 Bellamy and English Shop Wholesale [2001] ECR I-2795, paragraph 18). | 0 |
867,335 | 68 Articles 8 and 9 of Decision No 3632/93 confer an exclusive power on the Commission to assess the compatibility of aid with the criteria laid down by that decision. It follows that, in the absence of a Commission decision, individuals cannot challenge the compatibility of an aid measure before the national courts (see, by analogy, in relation to Articles 65 and 66(7) of the ECSC Treaty, Banks, paragraphs 17 and 18, and, in relation to Article 63(1) of the ECSC Treaty, Hopkins, paragraph 27). | 33. In that regard, it must be borne in mind that the prevention of tax evasion, avoidance and abuse is an objective recognised and encouraged by Directive 2006/112 (Case C‑285/11 Bonik [2012] ECR I‑0000, paragraph 35 and the case‑law cited). Therefore, the Court has held that the objective of preventing tax evasion sometimes justifies stringent requirements as regards suppliers’ obligations (see, to that effect, Teleos and Others , paragraph 58; and Netto Supermarkt , paragraph 22). | 0 |
867,336 | 23. As the Court has held concerning the protocols pertaining to the definition of the concept of ‘originating products’ and to methods of administrative cooperation comparable to those of the Protocol, such a division of responsibilities is justified by the fact that the authorities of the State of export are in the best position to verify directly the facts determining the origin of the product concerned. That system can function only if the customs authorities of the State of import accept the determinations legally made by the authorities of the State of export (see, to that effect, Case 218/83 Les Rapides Savoyards and Others [1984] ECR 3105, paragraphs 26 and 27). | 47. The Court has, on many occasions, held that effectiveness of fiscal supervision constitutes an overriding requirement of general interest capable of justifying a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty (see, inter alia, Case 120/78 Rewe-Zentral (‘ Cassis de Dijon ’) [1979] ECR 649, paragraph 8, and Case C-250/95 Futura Participations and Singer [1997] ECR I‑2471, paragraph 31). | 0 |
867,337 | 70. Where it proves to be impossible to determine with certainty the existence or extent of the alleged risk because of the insufficiency, inconclusiveness or imprecision of the results of studies conducted, but the likelihood of real harm to public health persists should the risk materialise, the precautionary principle justifies the adoption of restrictive measures, provided that they are non-discriminatory and objective (see, Commission v Denmark , paragraphs 52 and 53). | 81
Even though Ireland contests certain calculations made by the Commission, it concedes that the amount of registration tax levied initially may be more than double the amount of registration tax finally payable after a refund. As the Advocate General has observed in point 42 of his Opinion, such an approach entails the freezing of substantial funds and therefore represents a considerable cash-flow disadvantage for the person liable to pay the tax. | 0 |
867,338 | 43. As the Court has already held, national legislation such as that at issue in the main proceedings, providing that terms declared unfair are invalid, satisfies the requirements of Article 6(1) of Directive 93/13 (see, to that effect, Case C‑472/10 Invitel [2012] ECR I‑0000, paragraphs 39 and 40). | À cet égard, la date de référence pour apprécier l’existence d’un manquement au titre de l’article 260, paragraphe 1, TFUE est celle de l’expiration du délai fixé dans la lettre de mise en demeure émise en vertu de cette disposition (arrêt du 28 novembre 2013, Commission/Luxembourg, C‑576/11, EU:C:2013:773, point 29 et jurisprudence citée). | 0 |
867,339 | 50. In the present case, Regulation No 530/2008 undeniably meets an objective of general interest pursued by the European Union, namely to avoid, pursuant to Article 7(1) of Regulation No 2371/2002, a serious threat to the conservation and recovery of bluefin tuna stock in the Eastern Atlantic and the Mediterranean Sea. Moreover, as is clear from paragraphs 77 to 85 of the judgment in AJD Tuna (EU:C:2011:153), the measures prohibiting fishing contained in Regulation No 530/2008 are not manifestly inappropriate in relation to what is necessary to attain that objective of general interest, and thus comply with the principle of proportionality. | 16 Laws of that kind are therefore clearly justified on grounds of the protection of industrial and commercial property pursuant to Article 36 of the Treaty . | 0 |
867,340 | 17 In that regard, it should be observed that the Court has consistently held that a holding company whose sole purpose is to acquire holdings in other undertakings, without involving itself directly or indirectly in the management of those undertakings, without prejudice to its rights as a shareholder, does not have the status of taxable person and has no right to deduct tax under Article 17 of the Sixth Directive. That conclusion is based, inter alia, on the fact that the mere acquisition of financial holdings in other companies does not constitute an economic activity within the meaning of the Sixth Directive (see Case C-60/90 Polysar Investments Netherlands v Inspecteur der Invoerrechten [1991] ECR I-3111, paragraph 17; and Case C-333/91 Sofitam [1993] ECR I-3513, paragraph 12). | 22 In other words, it may be acknowledged that, in principle, the application by the host Member State of its minimum-wage legislation to providers of services established in another Member State pursues an objective of public interest, namely the protection of employees. | 0 |
867,341 | 42 According to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the national court to define the factual and legal context of the questions it is asking or, at the very least, to explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as that of competition, where the factual and legal situations are often complex (see, in particular, Joined Cases C-320/90, C-321/90 and C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraphs 6 and 7; Case C-284/95 Safety Hi-Tech [1998] ECR I-4301, paragraphs 69 and 70; Case C-341/95 Bettati [1998] ECR I-4355, paragraphs 67 and 68; Case C-67/96 Albany [1999] ECR I-5751, paragraph 39; and Joined Cases C-115/97, C-116/97 and C-117/97 Brentjens' [1999] ECR I-6025, paragraph 38). | 26. Article 10a of Directive 2001/83 therefore has the effect of exempting the applicant from one of the requirements laid down in Article 8 of the directive for obtaining a MA under Article 6 thereof. Accordingly, a medicinal product for which the MA was granted pursuant to Article 10a of the directive, the applicant for that authorisation having availed himself of the derogation under that provision and also having fulfilled all the other requirements laid down in Article 8 of the directive, must be regarded as a medicinal product authorised under Article 6 of the directive, in accordance with the provision of Article 8 thereof. | 0 |
867,342 | 15 It follows from the case-law of the Court that, in the absence of provisions of Community law, disputes concerning the recovery of amounts paid but not due under Community law must be decided by national courts pursuant to their own national law subject to the limits imposed by Community law inasmuch as the rules and procedures laid down by national law must not have the effect of making it virtually impossible or excessively difficult to implement Community rules and national legislation must be applied in a manner which is not discriminatory compared to procedures for deciding similar national disputes (see, in particular, Deutsche Milchkontor, paragraph 19, and, as regards national procedural law, Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12, and Joined Cases C-430/93 and C-431/93 Van Schijndel and Van Veen [1995] ECR I-4705, paragraph 17). Although national law requires the various interests in question, namely, on the one hand, the public interest in the revocation of an unlawful administrative measure and, on the other, the protection of the legitimate expectation of the person to whom it is addressed, to be weighed against one another before the measure is revoked, the interests of the Community must be taken fully into account (Deutsche Milchkontor, paragraph 32). | 22 IT FOLLOWS THAT AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET AND WHICH IT ENJOYED AT A GIVEN TIME . IN THOSE CIRCUMSTANCES A REDUCTION IN SUCH AN ADVANTAGE CANNOT BE CONSIDERED AS CONSTITUTING AN INFRINGEMENT OF A FUNDAMENTAL RIGHT .
| 0 |
867,343 | 47
While the legislation at issue in the present case applies both to Cypriot civil servants choosing to resign in order to work in the private sector in their Member State of origin and to those resigning and leaving that Member State in order to work in another Member State, within an EU institution or other international organisation, the fact remains that that legislation may restrict the freedom of movement of the latter category of civil servants preventing or deterring them from leaving their Member State of origin to take up employment in another Member State, within an EU institution or in another international organisation. Such legislation directly affects the access of Cypriot civil servants to the employment market in Member States other than the Republic of Cyprus and is thus capable of impeding freedom of movement for workers (see, to that effect, judgment in Bosman, C‑415/93, EU:C:1995:463, paragraphs 98 to 100 and 103). | À cet égard, il importe de rappeler qu’il est indispensable dans chaque cas individuel, de déterminer, au moyen, notamment, d’une analyse des composants d’un signe et de leur poids relatif dans la perception du public visé, l’impression d’ensemble produite par le signe dont l’enregistrement est demandé dans la mémoire dudit public et de procéder ensuite, à la lumière de cette impression d’ensemble et de tous les facteurs pertinents de l’espèce, à l’appréciation du risque de confusion (arrêt du 8 mai 2014, Bimbo/OHMI, C‑591/12 P, EU:C:2014:305, point 34). | 0 |
867,344 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 22 The answer to the first question referred for a preliminary ruling must therefore be that the involvement of a holding company in the management of companies in which it has acquired a shareholding constitutes an economic activity within the meaning of Article 4(2) of the Sixth Directive where it entails carrying out transactions which are subject to VAT by virtue of Article 2 of that directive, such as the supply by a holding company to its subsidiaries of administrative, financial, commercial and technical services.
The third question | 0 |
867,345 | 13 As the Court acknowledged in its judgment in Case 96/85 Commission v France [1986] ECR 1475, at paragraph 10, as far as the medical and dental professions are concerned, the professional rules that must be observed are in particular those inspired by concern to protect the health of individuals as efficiently and fully as possible. The rules governing practice of the veterinary profession must be regarded as meeting the same health objective. | 30 That argument cannot be accepted. The reservation provided for in Articles 48(3) and 56(1) of the EEC Treaty concerning limitations justified on grounds of public policy must be construed not as a condition precedent to the acquisition of the right of entry and residence, but as affording the possibility of placing restrictions, in specific cases and where the circumstances justify it, on the exercise of a right directly conferred by the Treaty. | 0 |
867,346 | 175. It is apparent from the case-law of the Court that, in order to determine whether the undertaking in a dominant position has abused such a position by its pricing practices, it is necessary to consider all the circumstances and to investigate whether the practice tends to remove or restrict the buyer’s freedom to choose his sources of supply, to bar competitors from access to the market, to apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage, or to strengthen the dominant position by distorting competition (see, to that effect, Nederlandsche Banden-Industrie-Michelin v Commission , paragraph 73, and British Airways v Commission , paragraph 67). | 53. A distortion of the facts and evidence before the Court of First Instance must be obvious from the documents on the Court’s file without there being any need to carry out a new assessment of those elements (see, inter alia, General Motors v Commission , paragraph 54, Evonik Degussa v Commission and Council , paragraph 74, and Coop de France bétail et viande and Others v Commission, paragraph 60). | 0 |
867,347 | 36. According to the case-law, Article 36(2), read in the light of the principle of equal treatment of economic operators set out in Article 3(2) of Directive 92/50 and of the ensuing obligation of transparency, requires that potential tenderers should be aware of all the elements to be taken into account by the contracting authority in identifying the economically most advantageous offer, and their relative importance, when they prepare their tenders (see, to that effect, in relation to public contracts in the water, energy, transport and telecommunications industries, Case C‑87/94 Commission v Belgium [1996] ECR I‑2043, paragraph 88; in relation to public works contracts, Case C‑470/99 Universale-Bau and Others [2002] ECR I‑11617, paragraph 98; and, in relation to public service contracts, Case C‑331/04 ATI EAC and Others [2005] ECR I‑10109, paragraph 24). | 62. None the less, the measures which are taken by the addressee of an injunction, such as that at issue in the main proceedings, when implementing that injunction must be sufficiently effective to ensure genuine protection of the fundamental right at issue, that is to say that they must have the effect of preventing unauthorised access to the protected subject-matter or, at least, of making it difficult to achieve and of seriously discouraging internet users who are using the services of the addressee of that injunction from accessing the subject-matter made available to them in breach of that fundamental right. | 0 |
867,348 | 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). | 46
For the purposes of interpreting Article 4(1) of Directive 92/85, account must be taken of the Guidelines, for they are intended, in accordance with Article 3(2) of that directive, to serve as the basis for the assessment referred to in Article 4(1) thereof. | 0 |
867,349 | 47
In that regard, it must be recalled that Directive 90/435, as its third recital indicates, seeks, by the introduction of a common system of taxation, to eliminate any disadvantage to cooperation between companies of different Member States as compared with cooperation between companies of the same Member State and thereby to facilitate the grouping together of companies at EU level. That directive thus seeks to ensure the neutrality, in fiscal terms, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State (judgments of 1 October 2009, Gaz de France — Berliner Investissement, C‑247/08, EU:C:2009:600 paragraph 27, and of 8 March 2017, Wereldhave Belgium and Others, C‑448/15, EU:C:2017:180, paragraph 25). | 26. In the context of Regulation No 44/2001, contrary to Lexx’s submissions, that rule of special jurisdiction in matters relating to a contract establishes the place of delivery as the autonomous linking factor to apply to all claims founded on one and the same contract for the sale of goods rather than merely to the claims founded on the obligation of delivery itself. | 0 |
867,350 | 36. Regarding second-hand vehicles less than two years old, it is, more specifically, for the national court to ascertain, in the light of, in particular, the 2004 Order, whether they are in reality subject to the same burden because of the excise duty, by virtue of the fact that the residual amount of that duty incorporated into the market value of second-hand vehicles registered in Poland is equal to the amount of the same duty imposed on similar second-hand vehicles originating in a Member State other than the Republic of Poland ( Brzeziński , paragraph 36). | 41
That global assessment must, as regards the visual, auditory or conceptual comparison between the EU trade mark at issue and the sign used by the third party, be based on the overall impression produced by that mark and that sign on the relevant public, which comprises the average consumer of the goods or services concerned, who is reasonably well informed and reasonably observant and circumspect (see, to that effect, judgment of 25 June 2015, Loutfi Management Propriété Intellectuelle, C‑147/14, EU:C:2015:420, paragraphs 21 and 25 and the case-law cited). | 0 |
867,351 | 46. The Court has held on various occasions that preventing possible tax evasion, avoidance and abuse is an objective recognised and encouraged by the Sixth Directive (see Halifax and Others , paragraph 71 and the case-law cited) and that the effect of the principle that the abuse of rights is prohibited is to bar wholly artificial arrangements which do not reflect economic reality and are set up with the sole aim of obtaining a tax advantage (see Case C‑162/07 Ampliscientifica and Amplifin [2008] ECR I‑4019, paragraph 28; Case C‑504/10 Tanoarch [2011] ECR I‑0000, paragraph 51; and Case C‑326/11 J.J. Komen en Zonen Beheer Heerhugowaard [2012] ECR I‑0000, paragraph 35). | 27 The reasoning of the Court of First Instance, as set out above, cannot be called in question. It falls, in principle, to the legal or natural person managing the undertaking in question when the infringement was committed to answer for that infringement, even if, at the date of the Decision finding the infringement, the operation of the undertaking was no longer its responsibility, for example where, as in the present case, the undertaking in question acquired a separate legal personality. | 0 |
867,352 | 59
It follows that the essential rules on the matter in question must be laid down in the basic legislation and cannot be delegated (see, to that effect, judgments of 5 September 2012, Parliament v Council, C‑355/10, EU:C:2012:516, paragraph 64, and of 10 September 2015, Parliament v Council, C‑363/14, EU:C:2015:579, paragraph 46). | 64. According to settled case-law, the adoption of rules essential to the subject-matter envisaged is reserved to the legislature of the European Union (see, to that effect, Germany v Commission , paragraph 36; Case C-104/97 P Atlanta v European Community [1999] ECR I-6983, paragraph 76; and C-356/97 Molkereigenossenschaft Wiedergeltingen [2000] ECR I-5461, paragraph 21). The essential rules governing the matter in question must be laid down in the basic legislation and may not be delegated (see, to that effect, Case C-156/93 Parliament v Commission [1995] ECR I-2019, paragraph 18; Parliament v Council , paragraph 23; Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 34; and Case C-133/06 Parliament v Council [2008] ECR I-3189, paragraph 45). | 1 |
867,353 | 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). | 9 IT SHOULD BE OBSERVED THAT, UNLIKE THE ECSC TREATY, THE EEC TREATY IS NOT LIMITED TO SPECIFIED GOODS WHICH DELIMIT ITS SCOPE RATIONE MATERIAE . | 0 |
867,354 | 60 With regard to market shares the Court has held that very large shares are in themselves, and save in exceptional circumstances, evidence of the existence of a dominant position (judgment in Case 85/76 Hoffman-La Roche v Commission [1979] ECR 461, paragraph 41). That is the situation where there is a market share of 50% such as that found to exist in this case. | 41FURTHERMORE ALTHOUGH THE IMPORTANCE OF THE MARKET SHARES MAY VARY FROM ONE MARKET TO ANOTHER THE VIEW MAY LEGITIMATELY BE TAKEN THAT VERY LARGE SHARES ARE IN THEMSELVES , AND SAVE IN EXCEPTIONAL CIRCUMSTANCES , EVIDENCE OF THE EXISTENCE OF A DOMINANT POSITION .
AN UNDERTAKING WHICH HAS A VERY LARGE MARKET SHARE AND HOLDS IT FOR SOME TIME , BY MEANS OF THE VOLUME OF PRODUCTION AND THE SCALE OF THE SUPPLY WHICH IT STANDS FOR - WITHOUT THOSE HAVING MUCH SMALLER MARKET SHARES BEING ABLE TO MEET RAPIDLY THE DEMAND FROM THOSE WHO WOULD LIKE TO BREAK AWAY FROM THE UNDERTAKING WHICH HAS THE LARGEST MARKET SHARE - IS BY VIRTUE OF THAT SHARE IN A POSITION OF STRENGTH WHICH MAKES IT AN UNAVOIDABLE TRADING PARTNER AND WHICH , ALREADY BECAUSE OF THIS SECURES FOR IT , AT THE VERY LEAST DURING RELATIVELY LONG PERIODS , THAT FREEDOM OF ACTION WHICH IS THE SPECIAL FEATURE OF A DOMINANT POSITION .
| 1 |
867,355 | 26 On that point, it must be observed first of all that it is clear from Article 13A(1)(m) of the Sixth Directive that an organisation is to be classed as being non-profit-making for the purposes of that provision by having regard to the aim which the organisation pursues, that is to say that the organisation must not have the aim, unlike a commercial undertaking, of achieving profits for its members (see, as regards the exemption provided for in Article 13A(1)(n) of the Sixth Directive, the judgment given today in Case C-267/00 Commissioners of Customs & Excise v Zoological Society of London [2002] ECR I-3353, paragraph 17). The fact that it is the aim of the organisation which is the test of eligibility for the VAT exemption is clearly borne out by most of the other language versions of Article 13A(1)(m), in which it is explicit that the organisation in question must not have a profit-making aim (see besides the French version, the German version - Gewinnstreben, the Dutch version - winst oogmerk, the Italian version - senza scopo lucrativo and the Spanish version - sin fin lucrativo). | 21 There is no good reason why such a court, common to a number of Member States, should not be able to submit questions to this Court, in the same way as courts or tribunals of any of those Member States. | 0 |
867,356 | 84. In addition, the Court has repeatedly held that the exception in the first paragraph of Article 45 EC must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority ( Reyners , paragraph 45; Case C‑42/92 Thijssen [1993] ECR I‑4047, paragraph 8; Commission v Spain , paragraph 35; Servizi Ausiliari Dottori Commercialisti , paragraph 46; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36). | 29. By relying on the wording itself of the second subparagraph of Article 28(1) of Directive 95/46 and on the aims and scheme of that directive, it is possible to reach a clear interpretation of the second subparagraph of Article 28(1) thereof. It is therefore not necessary to take into account the origins of that directive, or to rule on the arguments presented by the Commission and the Federal Republic of Germany, which are contradictory on that point. | 0 |
867,357 | 24
In that regard, it is important to point out that, under the second subparagraph of Article 9(1) of Directive 2006/112, in accordance with the requirements of the principle of neutrality of the common system of value added tax, the term ‘exploitation’ refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the goods in question on a continuing basis (see, to that effect, judgments of 26 June 2007 in T-Mobile Austria and Others, C‑284/04, EU:C:2007:381, paragraph 38, and 13 December 2007 in Götz, EU:C:2007:789, paragraph 18). | 51. Il en résulte que la Cour est uniquement compétente, dans le cadre du présent pourvoi, pour examiner si la méthode retenue par le Tribunal dans l’arrêt attaqué aux fins de déterminer l’étendue de la réparation du dommage résultant de la perte d’une chance subie par M me Girardot est entachée d’une erreur de droit. Pour le surplus, le présent pourvoi est irrecevable.
Sur le fond | 0 |
867,358 | 23 In those circumstances the Court ruled that the direct effect of Article 119 of the Treaty may be relied upon, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law (paragraph 45 of the Barber judgment, as clarified in the Ten Oever judgment). | 176 FOR THE PURPOSE OF FIXING THE AMOUNT OF THE FINE, THE GRAVITY OF THE INFRINGEMENT IS TO BE APPRAISED BY TAKING INTO ACCOUNT IN PARTICULAR THE NATURE OF THE RESTRICTIONS ON COMPETITION, THE NUMBER AND SIZE OF THE UNDERTAKINGS CONCERNED, THE RESPECTIVE PROPORTIONS OF THE MARKET CONTROLLED BY THEM WITHIN THE COMMUNITY AND THE SITUATION OF THE MARKET WHEN THE INFRINGEMENT WAS COMMITTED . | 0 |
867,359 | 34
Finally, it should be recalled that the revised Framework Agreement, like the 1995 Framework Agreement, is intended also to apply to workers who, like the applicant in the main proceedings, have the status of civil servant. Clause 1(2) of the revised Framework Agreement covers generally ‘all workers … who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State’ and Clause 2(1) of the Framework Agreement covers ‘workers’, without drawing a distinction according to whether their employer is in the public or private sector, thereby encompassing all workers (see, to that effect, judgment of 16 September 2010, Chatzi, C‑149/10, EU:C:2010:534, paragraphs 28 to 30). | 98. It follows that the answer to Question 1(b) must be that, where an abusive practice has been found to exist, the transactions involved must be redefined so as to re-establish the situation that would have prevailed in the absence of the transactions constituting that abusive practice.
Costs | 0 |
867,360 | 63 In the absence of Community rules on the matter, claims for reimbursement of clawback unduly charged must be made in accordance with the detailed procedural rules laid down by national law, always provided, as the Court has consistently held, that such rules are not less favourable than those governing similar domestic claims and are not so framed as to render virtually impossible or excessively difficult the exercise of rights conferred by the Community legal system (see, for example, the judgments in Case C-338/91 Steenhorst-Neerings v Bestuur van de Berijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen [1993] ECR I-5475, paragraph 15, in Case C-410/92 Johnson v Chief Adjudication Officer [1994] ECR I-5483, paragraph 21, and in Peterbroeck, cited above, paragraph 12.) | 75. However, since they derogate from the principle of the widest possible public access to documents, those exceptions must be interpreted and applied strictly ( Sison v Council , paragraph 63; Sweden and Turco v Council , paragraph 36; Sweden and Others v API and Commission , paragraph 73). | 0 |
867,361 | 80
Therefore, an act of reproduction of a protected design for the purpose of making citations or of teaching is not compatible with fair trade practice within the meaning of that provision where it is done in such a manner that it gives the impression that there is a commercial connection between the third party and the holder of the rights conferred by those designs, or where the third party, who wishes to rely on that limitation in the course of selling goods that are used jointly with goods corresponding to the protected designs, infringes the rights conferred on the holder of the design protected by Article 19 of Regulation No 6/2002, or where that third party takes unfair advantage of the holder’s commercial repute (see, by analogy, judgment of 17 March 2005, Gillette Company and Gillette Group Finland, C‑228/03, EU:C:2005:177, paragraphs 42, 43, 45, 47 and 48). | 75 With regard to the first aspect, it must be emphasised that, in Germany v Council, cited above, the Court held that it was lawful to introduce the global tariff quota for imports of third-country and non-traditional ACP bananas as distinct from traditional imports from the ACP countries which enjoyed favourable terms under the Lomé Convention. | 0 |
867,362 | 32. The transfer duties referred to in Article 12(1)(b) of the directive must be regarded as registration fees levied in connection with certain transactions involving the transfer of businesses or immovable property, on the basis of general and objective criteria (Case C-42/96 Immobiliare SIF [1997] ECR I‑7089, paragraph 34). | 60. In the present case, the justification put forward by the Italian Republic relates to the need to ensure road safety, which, according to the case-law, constitutes an overriding reason relating to the public interest capable of justifying a hindrance to the free movement of goods (see, in particular, Case C‑55/93 van Schaik [1994] ECR I‑4837, paragraph 19; Case C‑314/98 Snellers [2000] ECR I‑8633, paragraph 55; Commission v Finland , paragraph 40, Commission v Netherlands , paragraph 77, Commission v Portugal , paragraph 38; and C‑170/07 Commission v Poland [2008] ECR I‑0000, paragraph 49). | 0 |
867,363 | 37
As is apparent from the case-law of the Court, the amount of the fine that may be imposed on an undertaking is subject to a quantifiable and absolute ceiling, with the result that the maximum amount of the fine that can be imposed on a given undertaking can be determined in advance (see, to that effect, judgment of 9 July 2015, InnoLux v Commission, C‑231/14 P, EU:C:2015:451, paragraph 48 and the case-law cited). | 60. Toutefois, un tel raisonnement ne vaut que pour autant que la décision consécutive à l’annulation n’ait pas été nouvelle par rapport au projet soumis au comité (voir, en ce sens, arrêts du 30 septembre 1982, Amylum/Conseil, 108/81, Rec. p. 3107, point 10, Roquette Frères/Conseil, 110/81, Rec. p. 3159, point 10, et Tunnel Refineries/Conseil, 11 4/81, Rec. p. 3189, point 9). Ainsi, une complète identité entre la décision annulée et la décision adoptée après annulation n’est pas requise aux fins du recommencement de la procédure de comité, il suffit seulement que la décision adoptée après annulation ne comporte pas de nouvelles mesures et que son objet et son contenu soient semblables à ceux de la décision annulée. | 0 |
867,364 | 5 In assessing whether the application is well-founded it must be remembered first that, according to established case-law of the Court (see first the judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5), the prohibition on measures having equivalent effect to quantitative restrictions laid down in Article 30 of the Treaty covers any trading rules of the Member States which are liable directly or indirectly, actually or potentially, to hinder intra-Community trade. | 44 Consequently, a subsidy such as that at issue in the main proceedings, in so far as it takes the form of an increase in the value of the pension (see, in particular, Giletti, paragraph 14), constitutes an old-age cash benefit for the purposes of Article 10(1) of Regulation No 1408/71. This ensures its exportability in the absence of any special procedures for the purposes of Annex VI to Regulation No 1408/71 which might prevent Article 10(1) from applying. | 0 |
867,365 | 27. According to settled case-law, that rule cannot be interpreted as allowing an applicant to make a claim against a number of defendants for the sole purpose of removing one of them from the jurisdiction of the courts of the Member State in which that defendant is domiciled (judgments in Reisch Montage , C‑103/05, EU:C:2006:471, paragraph 32, and in Painer , C‑145/10, EU:C:2011:798, paragraph 78). | 17 It should be noted that the principle of equal treatment laid down by Article 119 of the Treaty, like the general principle of non-discrimination which it embodies in a specific form, presupposes that the men and women to whom it applies are in identical situations. | 0 |
867,366 | 42. In such a situation, because the parent company and its subsidiary form a single economic unit and therefore form a single undertaking for the purposes of Article 81 EC, the Commission may address a decision imposing fines to the parent company, without having to establish the personal involvement of the latter in the infringement (see Akzo Nobel and Others v Commission , paragraph 59, and Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others , paragraph 44). | 20. Le Tribunal a jugé, au point 48 de l’arrêt attaqué, qu’il s’agissait d’un grief nouveau et que l’argumentation de la partie requérante quant à l’évolution de la valeur totale du marché concerné n’était pas fondée sur des éléments nouveaux qui se seraient révélés au cours de la procédure. Le Tribunal a également précisé que la simple allégation de SGL selon laquelle elle avait contesté, dès le stade de la requête, la détermination du montant de base de l’amende ne permettait pas de considérer que ce grief constituait une ampliation d’un grief énoncé antérieurement, directement ou implicitement, dans la requête introductive d’instance et présentant un lien étroit avec celui-ci. | 0 |
867,367 | 34. As regards, first of all, Article 20(2)(c) of Directive 93/38, it follows from the case‑law that the application of that provision is subject to two cumulative conditions, namely, first, that there are technical reasons connected to the works which are the subject‑matter of the contract and, second, that those technical reasons make it absolutely necessary to award that contract to a particular contractor (see, to that effect, in the context of Directives 71/305 and 93/37, Case C‑57/94 Commission v Italy , paragraph 24, and Case C‑385/02 Commission v Italy , paragraphs 18, 20 and 21). | 53. That objective is to allow a national of a Member State to set up a secondary establishment in another Member State to carry on his activities there and thus assist economic and social interpenetration within the Community in the sphere of activities as self-employed persons (see Case 2/74 Reyners [1974] ECR 631, paragraph 21). To that end, freedom of establishment is intended to allow a Community national to participate, on a stable and continuing basis, in the economic life of a Member State other than his State of origin and to profit therefrom (Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 25). | 0 |
867,368 | 35. Next, it must be observed that, if the goods which are the subject of an application within the meaning of Article 5(6) and (7) of the Sixth Directive have been purchased by the taxable person, the taxable amount for the calculation of the VAT on that application is, according to Article 11A(1)(b) thereof, to be the purchase price of those goods. For that purpose, ‘purchase price of the goods’ means the residual value of the goods at the time of the allocation (judgments in Fischer and Brandenstein , C‑322/99 and C‑323/99, EU:C:2001:280, paragraph 80, and Marinov , C‑142/12, EU:C:2013:292, paragraph 32). | 20. Toutefois, s’agissant, en premier lieu, des frais de banque et des coûts analogues de transaction, comme l’a relevé à bon droit le Royaume de Suède lors de l’audience, la Commission n’a pas apporté d’éléments de nature à démontrer que de tels frais, si ceux-ci peuvent, le cas échéant, être directement liés à un montant versé à l’occasion d’une opération de transaction de titres (voir, en ce sens, arrêt du 19 janvier 2006, Bouanich, C‑265/04, Rec. p. I‑923, point 40), sont également et nécessairement directement liés à la perception, en elle-même, d’un revenu sous forme de dividendes ou d’intérêts. | 0 |
867,369 | 21 It is settled case-law that freedom to provide services requires not only the elimination of all discrimination on grounds of nationality against providers of services who are established in another Member State, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less attractive the activities of a provider of services established in another Member State where he lawfully provides similar services (see, in particular, Case C-76/90 Säger [1991] ECR I-4221, paragraph 12; Case C-43/93 Vander Elst [1994] ECR I-3803, paragraph 14; Case C-272/94 Guiot [1996] ECR I-1905, paragraph 10; Case C-266/96 Corsica Ferries France [1998] ECR I-3949, paragraph 56; and Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 33). | 35. In this connection, it should be pointed out that the processing of personal data carried out in the context of the activity of a search engine can be distinguished from and is additional to that carried out by publishers of websites, consisting in loading those data on an internet page. | 0 |
867,370 | 109. The Court has also held that Community legislation displays a general tendency to enhance the quality of products within the framework of the common agricultural policy, in order to promote the reputation of those products through inter alia the use of designations of origin which enjoy special protection. In respect of agricultural products, that tendency manifested itself, in particular, in the adoption of Regulation No 2081/92, which, according to its preamble, is intended, inter alia, to meet consumers’ expectations as regards products of quality and an identifiable geographical origin and to enable producers, in conditions of fair competition, to secure higher incomes in return for a genuine effort to improve quality (see, to that effect, Ravil , paragraph 48, and Case C‑108/01 Consorzio del Prosciutto di Parma and Salumficio S. Rita [2003] ECR I‑5121, paragraph 63). | Il convient de rappeler que, selon une jurisprudence constante, la motivation de l’arrêt attaqué doit faire apparaître de façon claire et non équivoque le raisonnement du Tribunal, de manière à permettre aux intéressés de connaître les justifications de la décision prise et à la Cour d’exercer son contrôle juridictionnel (voir, notamment, arrêt du 26 mai 2016, Rose Vision/Commission, C‑224/15 P, EU:C:2016:358, point 24 et jurisprudence citée). | 0 |
867,371 | 26. In that regard, the Court has consistently held that the right of deduction provided for in Article 167 et seq. of Directive 2006/112 is an integral part of the VAT scheme and in principle may not be limited. In particular, the right of deduction is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 43; Case C-63/04 Centralan Property [2005] ECR I-11087, paragraph 50; Joined Cases C-439/04 and C-440/04 Kittel and Recolta Recycling [2006] ECR I-6161, paragraph 47; and Mahagében and Dávid , paragraph 38). | 94. ELFAA submits that the low-fare airlines which it represents suffer discriminatory treatment since the measures prescribed in those articles impose the same obligations on all air carriers without distinction on the basis of their pricing policies and the services that they offer. Furthermore, Community law does not impose the same obligations on other means of transport. | 0 |
867,372 | 50 However, the Treaty did not provide for the harmonisation of the social security legislation of the Member States. In particular, as regards employees, Article 51 provides only for the coordination of the legislation. Substantive and procedural differences between the social security systems of individual Member States, and hence in the rights of persons working there, are therefore unaffected by that provision (see, in particular, Case 41/84 Pinna [1986] ECR 1, paragraph 20, De Jaeck, cited above, paragraph 18, and Hervein I, cited above, paragraph 16). | 18 Article 51 of the EC Treaty, which the regulation implements, provides for the coordination, not the harmonization, of the legislations of the Member States. Substantive and procedural differences between the social security systems of individual Member States, and hence in the rights of persons working there, are therefore unaffected by that provision (see, in particular, Case 41/84 Pinna v Caisse d'Allocations Familiales de la Savoie [1986] ECR 1, paragraph 20). | 1 |
867,373 | 60
In its judgment of 21 December 2011, N. S. and Others (C‑411/10 and C‑493/10, EU:C:2011:865, paragraphs 86 to 94 and 106), the Court stressed that the transfer of asylum seekers within the framework of the Dublin system may, in certain circumstances, be incompatible with the prohibition laid down in Article 4 of the Charter. It thus held that an asylum seeker would run a real risk of being subjected to inhuman or degrading treatment, within the meaning of that article, in the event of a transfer to a Member State in which there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the conditions for the reception of applicants. Consequently, in accordance with the prohibition laid down in that article, the Member States may not carry out transfers within the framework of the Dublin system to a Member State in the case where they cannot be unaware that such flaws exist in that Member State. | 29 This question concerns pension benefits payable in respect of periods of service completed between 17 May 1990, the date of the Barber judgment, and the date of the entry into force of the measures designed to achieve equal treatment by raising the retirement age for women. As explained above, it is only in relation to these periods that such a step is not permissible. | 0 |
867,374 | 50. In those circumstances, provisions of the kind at issue in the main proceedings result in discrimination against female workers by comparison with male workers and must in principle be treated as contrary to Articles 2(1) and 5(1) of Directive 76/207. It would be otherwise only if the difference of treatment found to exist between the two categories of worker were justified by objective factors unrelated to any discrimination based on sex (see, in that regard, Case 171/88 Rinner-Kühn [1989] ECR 2743, paragraph 12; Case C-457/93 Lewark [1996] ECR I-243, paragraph 31; Case C-243/95 Hill and Stapleton [1998] ECR I-3739, paragraph 34; and Case C-226/98 Jørgensen [2000] ECR I-2447, paragraph 29). | 40. En l’espèce, il est constant que les dispositions polonaises en cause ne prévoient pas la possibilité d’une reconnaissance, en Pologne, des contrôles techniques périodiques auxquels les véhicules d’occasion importés ont été soumis dans d’autres États membres ou des périodes initiales libres de contrôle dont bénéficient lesdits véhicules en tant que véhicules neufs dans ces autres États membres, ce qui résulte automatiquement de l’obligation de soumettre ces véhicules au contrôle technique litigieux avant leur immatriculation en Pologne. | 0 |
867,375 | 21 It ought finally to be noted that the common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated solely by the instruments provided for in those organizations. In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action through unilateral measures affecting the machinery of price-formation as established under the common organization (judgment in Case C-35/88 Commission v Greece [1990] ECR I-3125, paragraph 29). | 50. In the light of the foregoing, there is no need to reply to the other questions referred. | 0 |
867,376 | 57. More specifically, with regard to the claim that the General Court misconstrued the terms ‘single economic unit’ and ‘single undertaking’, it must be stated that, in paragraph 73 of the judgment under appeal, the General Court pointed out that, according to the settled case-law of the Court of Justice, in competition law the term undertaking must be understood as designating an economic unit for the purposes of the subject-matter of the agreement in question, even if in law that economic unit consists of several persons, natural or legal (Case 170/83 Hydrotherm Gerätebau [1984] ECR 2999, paragraph 11; Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 40; and Akzo Nobel and Others v Commission , paragraph 55). | 48. They include provisions of Directive 93/13, which lays down the mechanism for reviewing the substance of unfair terms, as provided for in the system of consumer protection put in place by that directive (see, to that effect, judgment in Kásler and Káslerné Rábai , C‑26/13, EU:C:2014:282, paragraph 42). | 0 |
867,377 | 38. Under the principle of cooperation laid down in Article 10 EC, it is for the Member States to ensure judicial protection of an individual’s rights under Community law (see, to that effect, Case 33/76 Rewe , [1976] ECR 1989, paragraph 5; Case 45/76 Comet [1976] ECR 2043, paragraph 12; Case 106/77 Simmenthal [1978] ECR 629, paragraphs 21 and 22; Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19; and Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12). | 370. The existence of such pressure does nothing to alter the reality and the gravity of the infringement committed by LR A/S. | 0 |
867,378 | 26. Furthermore, it must be observed that nothing in the documents before the Court suggests that the main proceedings fall within an exclusive head of jurisdiction laid down in Article 22 of Regulation No 44/2001. The Court’s ruling does not, therefore, have to cover cases in which the court second seised has such exclusive jurisdiction (see, to that effect, Case C‑351/89 Overseas Union Insurance and Others [1991] ECR I‑3317, paragraph 20). | 53. It is important to add that taxable persons are generally free to choose the organisational structures and the form of transactions which they consider to be most appropriate for their economic activities and for the purposes of limiting their tax burdens. | 0 |
867,379 | 41. In so far as, in view of the fact that the company distributing the dividends is located in a third State, only the free movement of capital may be relied upon against the national legislation relating to the treatment of the dividends distributed by it, account does not have to be taken of the size of the shareholdings in the company making the distribution. A company resident in a Member State may rely on Article 63 TFEU in order to call into question the legality of such rules irrespective of the extent of its shareholding in the company distributing dividends established in a third country (see, to this effect, judgment in Test Claimants in the FII Group Litigation , EU:C:2012:707, paragraphs 99 and 104). | 21. In the light of those considerations, the Court held, in paragraph 59 of Commission v Germany , that the taxable amount in the hands of the retailer for the sale to the final consumer was the full retail price, namely the price paid by the final consumer plus the amount reimbursed to the retailer by the manufacturer. | 0 |
867,380 | 17. À cet égard, la Cour a itérativement jugé que l’obligation d’établir des plans de gestion des déchets constitue une obligation de résultat à laquelle il ne saurait être satisfait par des mesures préparant ou visant à l’élaboration de plans ou fixant un cadre réglementaire de nature à réaliser cet objectif (voir, en ce sens, arrêts du 2 mai 2002, Commission/France, C-292/99, Rec. p. I-4097, point 39, et du 4 octobre 2007, Commission/Finlande, C-523/06, point 13). | 17. As regards, in the first place, the condition that the measure must be attributable to the State, it is necessary to examine whether the public authorities must be regarded as having been involved in the adoption of that measure (see, to that effect, France v Commission , paragraph 52). | 0 |
867,381 | 54. However, the principle of the right to be heard, whose observance is ensured by the Court, requires a public authority to hear interested parties before adopting a decision which concerns them (see Joined Cases C‑439/05 P and C‑454/05 P Land Oberösterreich and Austria v Commission [2007] ECR I‑7141, paragraph 35 and the case‑law cited). | 50. In order to determine whether there has been a sufficiently serious breach of Community law rendering the Community non-contractually liable owing to the conduct of the Ombudsman, regard must be had to the specific nature of the latter’s function. In that context, it should be borne in mind that the Ombudsman is merely under an obligation to use his best endeavours and that he enjoys wide discretion. | 0 |
867,382 | 77. As regards the assessment by the Court of First Instance of applications made by a party for measures of organisation of the procedure or enquiry, it must be pointed out that the Court of First Instance is the sole judge of any need to supplement the information available to it concerning the cases before it (see, inter alia, Case C‑315/99 P Ismeri Europa v Court of Auditors [2001] ECR I‑5281, paragraph 19; Case C‑136/02 P Mag Instrument v OHIM [2004] ECR I‑9165, paragraph 76, and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 67). | 101. The special scheme for travel agents and, in particular, Article 308 of the VAT Directive, cited by the Kingdom of Spain, do not provide for any possibility of making an overall determination of the taxable amount of travel agents’ profit margins. | 0 |
867,383 | 19. According to the Court’s case-law, where a transaction comprises a bundle of features and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, firstly, if there were two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of services (see, to that effect, Case C‑231/94 Faaborg‑Gelting Linien [1996] ECR I‑2395, paragraphs 12 to 14, and CPP , paragraphs 28 and 29). | 55. That other Member State must be determined speedily, so that it can take the necessary measures to recover the amounts due. The full effectiveness of Community law would therefore be affected if the question of the period for furnishing proof depended exclusively on national law, which might prescribe a period that was too long to make it legally and materially possible to recover amounts due in another Member State. | 0 |
867,384 | 96
It is clear from the Court’s case-law that, in such circumstances, the requirement of legal certainty means that the EU institutions must exercise their powers within a reasonable time (see, to that effect, judgments of 24 September 2002 in Falck and Acciaierie di Bolzano v Commission, C‑74/00 P and C‑75/00 P, EU:C:2002:524, paragraphs 139 to 141 and the case-law cited; 28 February 2013 in Review of Arango Jaramillo and Others v EIB, C‑334/12 RX-II, EU:C:2013:134, paragraph 28; and 13 November 2014 in Nencini v Parliament, C‑447/13 P, EU:C:2014:2372, paragraphs 47 and 48), as the General Court also stated in paragraph 81 of the judgment under appeal. | 35 Third, in order not to negate the right of a Turkish worker to free access to any paid employment of his choice within the meaning of the third indent of Article 6(1) of Decision No 1/80, that provision must be interpreted as not relating merely to engaging in employment but as granting a Turkish worker already duly integrated into the labour force of the host Member State an unconditional right to employment which implies the right to give up one job in order to seek another which he may freely choose. | 0 |
867,385 | 34. As the Commission observed, Investrand’s position in this case is no different from that of a private shareholder who, having sold his shares, has sought legal advice and incurred expenditure relating to that advice in the course of a dispute with the purchaser concerning the claim corresponding to the price of that sale. Those circumstances do not fall within the scope of the Sixth Directive (see, to that effect, EDM , paragraphs 60 and 61). | 51. Il en résulte que la Cour est uniquement compétente, dans le cadre du présent pourvoi, pour examiner si la méthode retenue par le Tribunal dans l’arrêt attaqué aux fins de déterminer l’étendue de la réparation du dommage résultant de la perte d’une chance subie par M me Girardot est entachée d’une erreur de droit. Pour le surplus, le présent pourvoi est irrecevable.
Sur le fond | 0 |
867,386 | 52
In accordance with the settled case-law of the Court of Justice, Regulation No 1049/2001 is intended, as is apparent from recital 4 and Article 1 thereof, to give the fullest possible effect to the right of public access to documents of the institutions (see, inter alia, judgments of 21 September 2010, Sweden and Others v API and Commission, C‑514/07 P, C‑528/07 P and C‑532/07 P, EU:C:2010:541, paragraph 69, and 17 October 2013, Council v Access Info Europe, C‑280/11 P, EU:C:2013:671, paragraph 28). Likewise, Regulation No 1367/2006 aims, as provided for in Article 1 thereof, to ensure the widest possible systematic availability and dissemination of the environmental information held by the institutions and bodies of the European Union. | 25. For the purposes of determining whether there is a database within the meaning of the directive, it is irrelevant whether the collection is made up of materials from a source or sources other than the person who constitutes that collection, materials created by that person himself or materials falling within both those categories. | 0 |
867,387 | 152. Where, as in the present case, a decision taken in application of the EU competition law rules relates to several addressees and raises a problem with regard to the imputability of the infringement, it must include an adequate statement of reasons with respect to each of its addressees, in particular those of them who, according to the decision, must bear the liability for the infringement. Accordingly, in respect of a parent company held jointly and severally liable for the infringement committed by its subsidiary, such a decision must in principle contain a detailed statement of reasons for imputing the infringement to that company (see, by analogy, Case C‑196/99 P Aristrain v Commission [2003] ECR I‑11005, paragraphs 93 to 101). | 34. The presumed perception of the sign by the average consumer is not a decisive element when applying the ground for refusal set out in the third indent of the latter provision, but may, at most, be a relevant criterion of assessment for the competent authority in identifying the essential characteristics of that sign (see, to that effect, judgment in Lego Juris v OHIM , EU:C:2010:516, paragraph 76). | 0 |
867,388 | 31. In accordance with settled case-law, national provisions which apply to holdings by nationals of the Member State concerned in the capital of a company established in another Member State, giving them definite influence on the company’s decisions and allowing them to determine its activities come within the substantive scope of the provisions of the Treaty on freedom of establishment (see, to that effect, Case C-251/98 Baars [2000] ECR I-2787, paragraph 22, and Case C-436/00 X and Y [2002] ECR I-10829, paragraph 37). | 22 It is clear from the second paragraph of Article 52 of the Treaty that freedom of establishment includes the right to set up and manage undertakings, in particular companies or firms, in a Member State by a national of another Member State. So, a national of a Member State who has a holding in the capital of a company established in another Member State which gives him definite influence over the company's decisions and allows him to determine its activities is exercising his right of establishment. | 1 |
867,389 | 48 Moreover, Article 39(1) of the Treaty expressly refers in subparagraph (a) to increasing productivity and in subparagraph (b) to ensuring a fair standard of living for the agricultural community, and Article 40(3) provides for various means to ensure that those objectives are attained, including aids for production or marketing and common machinery for stabilizing imports of the type introduced by the Regulation. | 25. The presence in the contract of such restrictions on the right to occupy the premises let does not prevent that occupation being exclusive as regards all other persons not permitted by law or by the contract to exercise a right over the property which is the subject of the contract of letting. | 0 |
867,390 | 76. In order for a mark consisting of a word produced by a combination of elements, such as the mark applied for, to be regarded as descriptive for the purposes of Article 7(1)(c) of Regulation No 40/94, it is not sufficient that each of its components may be found to be descriptive. The word itself must be found to be descriptive (see, in respect of Article 3(1)(c) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), a provision identical, in essence, to Article 7(1)(c) of Regulation No 40/94, Koninklijke KPN Nederland , paragraph 96, and Case C‑265/00 Campina Melkunie [2004] ECR I‑1699, paragraph 37). | 31 Second, provisions of national law which conflict with such a provision of Community law may be legislative or administrative (see, to that effect, Case 158/80 Rewe v Hauptzollamt Kiel [1981] ECR 1805, paragraph 43). | 0 |
867,391 | 66. That said, the Court’s interpretation of Regulation No 1408/71 in response to the first question submitted for a preliminary ruling must be understood without prejudice to the solution which flows from the potential applicability of provisions of primary law (see, by way of analogy, Acereda Herrera , cited above, paragraph 38). The finding that a national measure may be consistent with a provision of a secondary law measure, in this case Regulation No 1408/71, does not necessarily have the effect of removing that measure from the scope of the Treaty’s provisions (see, to that effect, Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 25, and Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 47). It follows that the applicability, as the case may be, of Articles 19 or 22 of Regulation No 1408/71 to a situation such as that at issue in the main proceedings does not of itself prevent the person concerned from claiming, pursuant to primary law, the payment of certain costs relating to care received in a care home situated in another Member State, under rules different to those provided for in those articles (see, by analogy, Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraphs 37 to 53, along with Watts , cited above, paragraph 48). | 7. At the end of 1987, Sempel sold Scott a parcel of the developed land – 48 hectares out of the 68 hectares available – for the sum of FRF 31 million (approximately EUR 4.7 million), in accordance with an agreement concluded on 31 August 1987 between the City of Orléans, the departément of Le Loiret and Scott (‘the Scott agreement’). | 0 |
867,392 | 28. To those ends, Article 3(1) of the First Directive, as amplified and supplemented by the Second and Third Directives, requires the Member States to ensure that civil liability in respect of the use of motor vehicles normally based in their territory is covered by insurance, and specifies, inter alia, the types of damage and the third parties who have been victims of an accident to be covered by that insurance (see, to that effect, Case C‑348/98 Mendes Ferreira and Delgado Correia Ferreira [2000] ECR I‑6711, paragraphs 25 to 27, and Case C‑484/09 Carvalho Ferreira Santos [2011] ECR I‑0000, paragraphs 25 to 27). | Deuxièmement, il convient de rappeler que, si des points de droit examinés en première instance peuvent être de nouveau discutés au cours de la procédure de pourvoi dès lors qu’un requérant conteste, de manière spécifique, l’interprétation ou l’application du droit de l’Union faite par le Tribunal (voir, en ce sens, arrêts du 30 mai 2013, Quinn Barlo e.a./Commission, C‑70/12 P, non publié, EU:C:2013:351, point 27, ainsi que du 19 janvier 2017, Commission/Total et Elf Aquitaine, C‑351/15 P, EU:C:2017:27, point 31), un pourvoi est irrecevable dans la mesure où il se limite à répéter les moyens et les arguments qui ont déjà été présentés devant le Tribunal, y compris ceux qui étaient fondés sur des faits expressément rejetés par cette juridiction, sans même comporter une argumentation visant spécifiquement à identifier l’erreur de droit dont serait entaché l’arrêt du Tribunal. En effet, un tel pourvoi constitue, en réalité, une demande visant à obtenir un simple réexamen de la requête présentée devant le Tribunal, ce qui échappe à la compétence de la Cour dans le cadre d’un pourvoi (arrêts du 7 janvier 2004, Aalborg Portland e.a./Commission,C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P et C‑219/00 P, EU:C:2004:6, point 51, ainsi que du 26 janvier 2017, Mamoli Robinetteria/Commission, C‑619/13 P, EU:C:2017:50, point 43). | 0 |
867,393 | 53. Thus, the Member States cannot refuse family members of a Union citizen who are not nationals of a Member State and who hold a valid residence card, issued under Article 10 of Directive 2004/38, the right, as provided for in Article 5(2) of the directive, to enter their territory without a visa where the competent national authorities have not carried out an individual examination of the particular case. The Member States are therefore required to recognise such a residence card for the purposes of entry into their territory without a visa, unless doubt is cast on the authenticity of that card and the correctness of the data appearing on it by concrete evidence that relates to the individual case in question and justifies the conclusion that there is an abuse of rights or fraud (see, by analogy, judgment in Dafeki , C‑336/94, EU:C:1997:579, paragraphs 19 and 21). | 11 For the reasons given in, respectively, points 20 to 31, points 42 to 69 and points 76 to 86 of the Advocate General' s Opinion, the first, second and third pleas in law must be dismissed as unfounded.
The fourth plea in law | 0 |
867,394 | 46. Likewise, that article does not deprive the Federal Republic of Germany, which does not make entitlement to such an allowance subject to conditions of employment or insurance, of the ability to grant that allowance to ECB staff members who reside in its territory, since the possibility of such a grant arises, in actual fact, from its legislation and the relevant provisions of European Union law do not exclude that possibility (see, by analogy, Bosmann , paragraphs 28, 31 and 32, and Hudzinski and Wawrzyniak, paragraphs 48 and 49). | 66. Among those measures, clause 5(1)(a) envisages ‘objective reasons justifying the renewal of such contracts or relationships’. | 0 |
867,395 | 39 In that connection, it is to be observed that the existence of possible ambiguity in a provision can only be established by reference to the context of that provision (see, inter alia, Case 292/82 Merck [1983] ECR 3781, paragraph 12). | 23
Secondly, an application to obtain the authorisation to market those supplements may be refused by the competent national authorities only if those supplements pose a genuine risk to public health (see, to that effect, judgments of 5 February 2004, Commission v France, C‑24/00, EU:C:2004:70, paragraph 27; of 5 February 2004, Greenham and Abel, C‑95/01, EU:C:2004:71, paragraph 36, and of 28 January 2010, Commission v France, C‑333/08, EU:C:2010:44, paragraph 82). | 0 |
867,396 | 29. That interpretation corresponds to that of the concept of ‘services’ within the meaning of Article 57 TFEU, which also does not require the service to be paid for by those for whom it is performed (see, inter alia, the judgment in Bond van Adverteerders and Others , 352/85, EU:C:1988:196, paragraph 16). | 65. Moreover, the ‘Eyesight’ working group notes in its report a lack of scientific studies on several aspects of eyesight for drivers of power-driven vehicles. In that connection, according to the case-law of the Court, where there is uncertainty as to the existence or extent of risks to the health of individuals, the EU legislature may take protective measures without having to wait until the reality and the seriousness of those risks become fully apparent (see, to that effect, Case C‑180/96 United Kingdom v Commission EU:C:1998:192, paragraph 99; Case C‑192/01 Commission v Denmark EU:C:2003:492, paragraph 49; and Case C‑77/09 Gowan Comércio Internacional e Serviços EU:C:2010:803, paragraph 73). | 0 |
867,397 | 57
It must also be made clear, first, that it is required not that the situations be identical, but only that they be comparable and, secondly, that the assessment of that comparability must be carried out not in a global and abstract manner, but in a specific and concrete manner in the light of the objective and of the aim of the national legislation creating the distinction at issue (see, to that effect, judgments of 10 May 2011, Römer, C‑147/08, EU:C:2011:286, paragraph 42; of 12 December 2013, Hay, C‑267/12, EU:C:2013:823, paragraph 33; of 15 May 2014, Szatmári Malom, C‑135/13, EU:C:2014:327, paragraph 67; and of 1 October 2015, O, C‑432/14, EU:C:2015:643, paragraph 32). | 20 Moreover, services cannot be deemed to be supplied at an establishment other than the place where the supplier has established his business unless that establishment is of a certain minimum size and both the human and technical resources necessary for the provision of the services are permanently present (Berkholz, paragraph 18). | 0 |
867,398 | 71. The Court has also held that the global assessment of the likelihood of confusion, in relation to the visual, phonetic or conceptual similarity of the marks in question, must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components. The perception of the marks by the average consumer of the goods or services in question plays a decisive role in the global appreciation of that likelihood of confusion. The average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (see Case C‑120/04 Medion [2005] ECR I‑8551, paragraph 28; Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 19, and OHIM v Shaker , paragraph 35). | 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 |
867,399 | 38. None the less, it is established case law that the wording of secondary EU legislation must be interpreted, in so far as possible, in a manner consistent with the provisions of the Treaties (judgment in Efir, C‑19/12, EU:C:2013:148, paragraph 34 and the case-law cited). | 146. As is made clear in paragraph 45 of the present judgment, the EAGGF finances only intervention undertaken in accordance with the Community rules within the framework of the common organisation of agricultural markets. The Commission is not required to prove that there has been a loss but may simply adduce sound evidence of such loss. For those difficult cases where the extent of the losses cannot be ascertained precisely, the losses to the Community funds must be determined by an evaluation of the risk to which they are exposed by the deficiency in the controls (see to that effect Case C-238/96 Ireland v Commission [1998] ECR I-5801, paragraph 31). | 0 |
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