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It should also be observed that the grounds for justification listed in Article 36 TFUE apply exclusively to measures having equivalent effect to a quantitative restriction and not to charges having equivalent effect to a customs duty (see, inter alia, judgment of 14 June 1988, Dansk Denkavit, 29/87, EU:C:1988:299, paragraph 32). | 10 The choice of reference country falls within the discretion enjoyed by the institutions when analysing complex economic situations. | 0 |
867,401 | 89. That is particularly true of a judicial interpretation which produces a result which was not reasonably foreseeable at the time when the offence was committed, especially in the light of the interpretation put on the provision in the case-law at the material time (see Dansk Rørindustri and Others v Commission , paragraph 218). | 32. Dans ses observations écrites, Baby Dan soutient également que l’article en cause n’est pas apte à supporter les moments de rotations auxquels les vis et les boulons sont normalement exposés et qu’une telle particularité empêche le classement de cet article dans la position 7318 de la NC. | 0 |
867,402 | 45. In the context of the general objectives of the EC Treaty, Article 22 of Regulation No 1408/71 is one of a number of measures designed to allow a worker from one Member State to enjoy, under the conditions which it specifies, benefits in kind in the other Member States, whatever the national institution to which he is affiliated and whatever the place of his residence (Case C‑156/01 Van der Duin and ANOZ Zorgverzekeringen [2003] ECR I‑7045, paragraph 50). | 21. By letter of 25 June 2014, the Court Registry provided the referring court with a copy of the judgment in Specht and Others (C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005) and invited it to indicate whether, in the light of that judgment, it wished to continue with its reference for a preliminary ruling. | 0 |
867,403 | 30 In that respect, it should be borne in mind that Article 177 of the Treaty lays down the framework for close cooperation between the national courts and the Court of Justice based on the assignment to each of different functions. It is clear from the second paragraph of Article 177 that it is for the national court to decide at what stage in the proceedings it is appropriate for that court to refer a question to the Court of Justice for a preliminary ruling (see Joined Cases 36/80 and 71/80 Irish Creamery Milk Suppliers Association and Others [1981] ECR 735, paragraph 5). | 5 BEFORE AN ANSWER IS GIVEN TO THAT QUESTION IT SHOULD BE RECALLED THAT ARTICLE 177 OF THE TREATY ESTABLISHES A FRAMEWORK FOR CLOSE COOPERATION BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE BASED ON THE ASSIGNMENT TO EACH OF DIFFERENT FUNCTIONS . THE SECOND PARAGRAPH OF THAT ARTICLE MAKES IT CLEAR THAT IT IS FOR THE NATIONAL COURT TO DECIDE AT WHAT STAGE IN THE PROCEEDINGS IT IS APPROPRIATE FOR THAT COURT TO REFER A QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING .
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867,404 | 31. Finally, it must be observed that a limited circle of persons who can receive the signals from the satellite only if they use professional equipment cannot be regarded as part of the public, given that the latter must be made up of an indeterminate number of potential listeners (see, regarding the meaning of the term public, Case C-89/04 Mediakabel [2005] ECR I-0000, paragraph 30). | 33
Both that discretion and that obligation are an inherent part of the system of cooperation between the national courts and the Court of Justice established by Article 267 TFEU and of the functions of the court responsible for the application of EU law entrusted by that provision to the national courts. | 0 |
867,405 | 28. It should also be noted that, in respect of the relationship between Article 9(1) and (2) of the Sixth Directive, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether that situation is covered by one of the instances mentioned in Article 9(2). If not, it falls within the scope of Article 9(1) (see in particular, Case C‑167/95 Linthorst, Pouwels en Scheres [1997] ECR I‑1195, paragraph 11; Case C‑452/03 RAL (Channel Islands) and Others [2005] ECR I‑3947, paragraph 24; and Case C‑114/05 Gillan Beach [2006] ECR I‑2427, paragraph 15). | 15 It should be observed that the use of a related distributor' s resale prices is justified since those prices can rightly be regarded as the prices of the first sale of the product in the ordinary course of trade . Brother markets its products on the domestic market through a distribution company which it controls financially and to which it entrusts tasks that are normally the responsibility of an internal sales department of the manufacturing organization . | 0 |
867,406 | 47. Nor can the principles of legal certainty and protection of legitimate expectations preclude supervisory measures such as those at issue in the main proceedings. The first sentence of Article 7(1) of Regulation No 536/93 read in conjunction with the eighth recital in the preamble to that regulation shows in a clear and precise manner that the list of measures set out in Article 7 is not exhaustive and that the Member States are indeed required, where necessary, to take additional measures (see, with regard to the criteria governing the principle of legal certainty, Case C‑94/05 Emsland-Stärke [2006] ECR I-0000, paragraph 43). Moreover, the Court has held that the principle of the protection of legitimate expectations cannot be relied upon against an unambiguous provision of Community law or the conduct of a national authority which is consistent with such a provision (see in this regard Emsland-Stärke, paragraph 31). A trader cannot therefore legitimately expect not to be subject to supplementary supervisory measures. | 60. C’est à la lumière de ces éléments qu’il appartient aux autorités nationales de décider s’il y a lieu de considérer que, effectivement, le demandeur craint avec raison d’être, une fois de retour dans son pays d’origine, persécuté au sens de l’article 2, sous c), de la directive, lu en combinaison avec l’article 9, paragraphe 3, de celle-ci. | 0 |
867,407 | 20. It follows from the case-law of the Court that, as far as concerns freedom of establishment, the rules regarding equal treatment prohibit not only overt discrimination by reason of nationality or, in the case of companies, their seat, but all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result (Case C-156/98 Germany v Commission [2000] ECR I‑6857, paragraph 83 and the case-law cited). | 23 AS THE DEFENDANT IN THE MAIN PROCEEDINGS AND THE COMMISSION HAVE RIGHTLY CONTENDED , THE ADOPTION OF A MEASURE BY A PUBLIC AUTHORITY MAKING AN AGREEMENT BINDING ON ALL THE TRADERS CONCERNED , EVEN IF THEY WERE NOT PARTIES TO THE AGREEMENT , CANNOT REMOVE THE AGREEMENT FROM THE SCOPE OF ARTICLE 85 ( 1 ).
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867,408 | 58. There is no treaty provision conferring upon the Court of Justice or the General Court jurisdiction to hear disputes concerning the contractual liability of the Community, apart from Article 238 EC. The latter presupposes, however, the existence of an arbitration clause contained in a contract awarded by the Community or on its behalf ( Flemmer and Others , paragraph 42; Guigard v Commission , paragraphs 40 and 41), and thus consists of a jurisdiction in derogation from the ordinary law, which must accordingly be interpreted restrictively (Case 426/85 Commission v Zoubek [1986] ECR 4057, paragraph 11; Case C‑114/94 IDE v Commission [1997] ECR I‑803, paragraph 82). | 33. Therefore, as the Netherlands Government argues, commercial communication covers not only traditional advertising but also other forms of advertising and communications of information intended to obtain new clients. | 0 |
867,409 | 45 The Court has already held that defects similar to those by which the contested decision is vitiated, that is to say relating to the lack of authentication of the act, without there being any serious doubt that the Commission had actually decided to adopt the instrument in question, are not sufficiently serious for the decision to be regarded as non-existent (see Case C-137/92 P Commission v BASF and Others [1994] ECR I-2555, paragraphs 48 to 53). However, the Court has also held that such defects may entail annulment of a decision for infringement of essential procedural requirements (Commission v BASF, cited above, paragraphs 72 to 78). | 20 Under Netherlands laws, a substantial holding, which is essentially a holding for the last five years of at least one third of the shares in a company and more than seven percent of paid-up nominal capital, does not necessarily imply control or management of the company, which are factors connected with the exercise of the right of establishment. Consequently, the fact that a Member State does not allow its taxpayers the undertaking exemption for a substantial holding, within the meaning of its domestic legislation, in companies established in other Member States does not necessarily affect freedom of establishment. | 0 |
867,410 | 34
In that regard, with respect to Article 13(2)(a) of Directive 2004/38, the Court has previously held that, where the Union citizen spouse leaves the host Member State, in order to settle in another Member State or in a third State, before the commencement of the divorce proceedings, the third-country national’s derived right of residence, on the basis of Article 7(2) of Directive 2004/38, comes to an end with the departure of the Union citizen spouse and can, therefore, no longer be retained on the basis of Article 13(2)(a) of that directive (see, to that effect, judgment of 16 July 2015, Singh and Others, C‑218/14, EU:C:2015:476, paragraph 62). | 125. À cet égard, il importe de constater que l’application des lignes directrices de 1998 à l’encontre des régimes fiscaux litigieux adoptés en 1993 ne constitue pas une situation acquise antérieurement, mais relève d’une situation en cours qui, bien que née avant l’entrée en vigueur de celles-ci, est régie par lesdites lignes directrices à compter de leur entrée en vigueur, conformément au principe selon lequel les règles nouvelles s’appliquent immédiatement aux situations en cours (voir arrêt du 29 janvier 2002, Pokrzeptowicz-Meyer, C-162/00, Rec. p. I-1049, point 51). | 0 |
867,411 | 34. Measures such as those in issue in the main proceedings which entail, by their very purpose, a restriction on the free movement of capital (see, to that effect, Konle , cited above, paragraph 39) may nevertheless be permitted provided that, first, they pursue in a non-discriminatory way an objective in the public interest and, secondly, they are appropriate for ensuring that the aim pursued is achieved and do not go beyond what is necessary for that purpose (see, to that effect, Konle , paragraph 40, and Salzmann , paragraph 42). Furthermore, where the granting of prior authorisation is concerned, such measures must be based on objective criteria which are known in advance and which allow all persons affected by a restrictive measure of that type to have a legal remedy available to them (see, to that effect, Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 38). | 101. As regards the argument relied on in support of the fifth ground of appeal, it should be observed that the General Court pointed out, at paragraph 301 of the judgment under appeal, that, on the basis of the Commission’s estimates, the aid at issue amounted to between EUR 798 million and EUR 1 140 million. Since those figures delimit the range within which the final amount was to be established, the General Court found, referring in particular to paragraphs 31 to 40 of Commission v France, that the contested decision contained the appropriate information to enable that amount to be determined without too much difficulty. | 0 |
867,412 | 39
It must be recalled that the obligation to state reasons laid down in the second paragraph of Article 296 TFEU is an essential procedural requirement, as distinct from the question whether the reasons given are correct, which goes to the substantive legality of the contested measure. The reasoning of a decision consists in a formal statement of the grounds on which that decision is based. If those grounds are vitiated by errors, the latter will vitiate the substantive legality of the decision, but not the statement of reasons in it, which may be adequate even though it sets out reasons which are incorrect. It follows that objections and arguments intended to establish that a measure is not well founded are irrelevant in the context of a ground of appeal alleging breach of Article 296 TFEU (judgment of 18 June 2015 in Ipatau v Council, C‑535/14 P, EU:C:2015:407, paragraph 37 and the case-law cited). | 94. Having regard to the important position which internet advertising occupies in trade and commerce, it is plausible that the proprietor of a trade mark may register its own trade mark as a keyword with a referencing service provider in order to have an ad appear under the heading ‘sponsored links’. Where that is the case, the proprietor of the mark must, as necessary, agree to pay a higher price per click than certain other economic operators if it wishes to ensure that its ad appears before those of those operators which have also selected its mark as a keyword. Furthermore, even if the proprietor of the mark is prepared to pay a higher price per click than that offered by third parties which have also selected that trade mark, the proprietor cannot be certain that its ad will appear before those of those third parties, given that other factors are also taken into account in determining the order in which the ads are displayed. | 0 |
867,413 | 51 It is necessary to state at the outset that, according to settled case-law, Articles 12 and 95 of the Treaty are directly effective and confer on individuals rights which national courts must protect (see, inter alia, Lornoy and Others, cited above, paragraph 24). | 34 Those arguments cannot be accepted. | 0 |
867,414 | 18. The first part of the second plea and the fourth plea put forward in the present case are identical to the first part of the second plea and the fourth plea in Case C-293/00 Netherlands v Commission [2003] ECR I-12775, in which judgment has been given today. As those pleas were rejected in that case (see paragraphs 20 to 30), and in the absence of any new arguments on the part of the Netherlands Government as regards the present case, those pleas must be rejected on the same grounds.
First plea and second part of the second plea
Arguments of the parties | 40. If the taking of shares does not in itself constitute an economic activity within the meaning of the Sixth Directive, the same must be true of activities consisting in the transfer of such shares (Case C-155/94 Wellcome Trust [1996] ECR I-3013, paragraph 33). | 0 |
867,415 | 31. It is for the national courts to uphold the rights of the persons concerned in the event of a possible breach by the national authorities of the obligations imposed on the Member States by Article 93(3) of the Treaty (see, to this effect, Case C-354/90 Fédération nationale du Commerce Extérieur des Produits Alimentaires et Syndicat national des négociants et transformateurs de saumon [1991] ECR I-5505, paragraph 12, and Case C-17/91 Lornoy and Others [1992] ECR I-6523, paragraph 30). A national court may have cause to interpret the concept of aid contained in Article 92(1) of the Treaty in order to determine whether a State measure has been introduced contrary to that provision (see Steinike & Weinlig , paragraph 14; Case C-189/91 Kirsammer-Hack [1993] ECR I-6185, paragraph 14, and SFEI , paragraph 49). The obligation to notify and the prohibition of implementation laid down in Article 93(3) of the Treaty apply in fact to plans to grant or alter aid within the meaning of Article 92(1) of the Treaty. | 39. In that regard, Articles 17 and 18 of the directive are of crucial importance, as they define the level of protection which the European Union legislature considered reasonable to grant commercial agents in the course of the creation of the single market. | 0 |
867,416 | 27. It thus follows from the structure and wording of Article 17 of the VAT Directive that Article 17(2) contains an exhaustive list of derogations, which, accordingly, must be interpreted strictly (see, by analogy, Case C‑169/12 TNT Express Worldwide [2013] ECR, paragraph 24 and the case-law cited). | 21. Il convient, en premier lieu, de rappeler qu’il résulte de la jurisprudence constante de la Cour que, dans l’intérêt de la sécurité juridique et de la facilité des contrôles, le critère décisif pour le classement tarifaire des marchandises doit être recherché, d’une manière générale, dans leurs caractéristiques et propriétés objectives, telles que définies par le libellé de la position de la NC et des notes de section ou de chapitre (voir arrêt JVC France, C‑312/07, EU:C:2008:324, point 33 et jurisprudence citée). | 0 |
867,417 | 59. As regards the appellant’s arguments concerning the errors committed by the Court of First Instance in its investigation of the existence of a risk of confusion between the marks at issue, it must first be recalled that, as the Court of Justice has consistently held, the existence of such a likelihood of confusion on the part of the public must be appreciated globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, SABEL , paragraph 22; Case C‑342/97 Lloyd Schuhfabrik Meyer [1999] ECR I‑3819, paragraph 18; order of 28 April 2004 in Case C‑3/03 P Matratzen Concord v OHIM [2004] ECR I‑3657, paragraph 28; Case C‑120/04 Medion [2005] ECR I-8551, paragraph 27; and Case C‑334/05 P OHIM v Shaker [2007] ECR I‑4529, paragraph 34). | 54 Moreover, the adoption of directions addressed to officials responsible for the controls prior to the recognition of the producers' organisations and the creation of computerised files on the members of the producers' organisations do not guarantee that the organisations recognised will in fact fulfil, at the time when recognition is granted to them or subsequently, all the criteria required for that recognition. Those arguments cannot therefore be accepted. | 0 |
867,418 | 33
As regards, first, the genuine nature of the dispute in the main proceedings, it should be noted that the claims for judicial review of the ‘intention and/or obligation’ of the United Kingdom Government to implement Directive 2014/40, which the claimants in the main proceedings have brought before the referring court, have been held admissible by the latter, even though, when those claims were brought, the period prescribed for implementation of the directive had not yet expired and no national implementation measures had been adopted. There is, moreover, disagreement between the claimants in the main proceedings and the Secretary of State for Health as to whether or not the abovementioned claims are well founded. Given that the referring court has been asked to resolve that disagreement, it is not obvious that the dispute in the main proceedings is not genuine (see, by analogy, judgment in British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraphs 36 and 38). | 33. According to settled case-law, a provision involves indirect discrimination against female workers when, although worded in neutral terms, it works to the disadvantage of a much higher percentage of women than men, unless that difference in treatment is justified by objective factors unrelated to any discrimination on grounds of sex (see, to that effect, Case C-226/98 Jørgensen [2000] ECR I-2447, paragraph 29). | 0 |
867,419 | 32. Furthermore, for purposes of the proper administration of justice it is essential not to have a multiplicity of courts having jurisdiction in respect of one single contract, particularly on the basis of the contractual obligation at issue, and to prevent conflicting decisions (see, by analogy, Case C-96/00 Gabriel [2002] ECR I-6367, paragraphs 57 and 58, and Case C-18/02 DFDS Torline [2004] ECR I-1417, paragraph 26). | 32. It follows that, for a commercial communication to be capable of being categorised as an invitation to purchase, it is not necessary for it to include an actual opportunity to purchase or for it to appear in proximity to and at the same time as such an opportunity. | 0 |
867,420 | 31. It is apparent from the grounds of the judgment in Strigl and Securvita , (C‑90/11 and C‑91/11, EU:C:2012:147) that whether a sign consisting of a letter sequence juxtaposed with a word combination is to be refused registration under Article 3(1)(b) and (c) of Directive 2008/95 must be assessed on a case-by-case basis, according to the perception which the relevant public has of the interdependence between the various elements of the sign and of the sign as a whole. | 29. Or, force est de constater que l’article 8, paragraphe 4, de la loi relative à l’impôt sur les sociétés constitue une entrave à la liberté d’établissement étant donné qu’une société établie au Danemark, qui transfère des actifs à l’étranger, dans les Îles Féroé ou au Groenland, est imposée sur les plus-values latentes, alors qu’un transfert similaire au Danemark ne donne pas lieu à l’imposition. | 0 |
867,421 | 67
It follows from the case-law of the Court of Justice, however, that the taking into account, by virtue of the principle of equal treatment, of differences between the undertakings that have participated in a single cartel (in particular with regard to the geographic scope of their respective involvement) for the purpose of assessing the gravity of an infringement need not necessarily occur when the multipliers for the ‘gravity of the infringement’ and for the ‘additional amount’ are set but may occur at another stage in the setting of the fine, such as when the basic amount of the fine is adjusted in the light of mitigating and aggravating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105). | 57 Article 7 is intended to reconcile the interests of trade-mark protection and those of free movement of goods within the Community by making the further commercialisation of a product bearing a trade mark possible and preventing opposition by the proprietor of the mark (see, to that effect, Parfums Christian Dior, paragraphs 37 and 38). Advertisements relating to car repair and maintenance do not affect further commercialisation of the goods in question. | 0 |
867,422 | 31. A number of methods are capable of providing prices corresponding to the market value. Those methods include sales to the highest bidder or an expert report, which are referred to in Title II, points 1 and 2, of the Communication. Likewise, it cannot be ruled out that other methods may also achieve the same result (see, to that effect, judgment in Seydaland Vereinigte Agrarbetriebe , C‑239/09, EU:C:2010:778, paragraphs 35 and 39). | 12 The Court has 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 (see Case C-60/90 Polysar Investments Netherlands v Inspecteur der Invoerrechten [1991] ECR I-3111, paragraph 17). That conclusion was based, inter alia, on the finding that the mere acquisition of financial holdings in other companies did not constitute an economic activity within the meaning of the Sixth Directive. | 0 |
867,423 | 9. 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 (voir, notamment, arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 8 mars 2007, Commission/Italie, C‑160/06, non publié au Recueil, point 9). | 117
It is clear from this definition that an installation which exports the heat which it produces can be allocated allowances for that heat when it exports the heat ‘to an installation or other entity not covered by the Union scheme’. However, it cannot claim an allowance allocation for this heat when it transfers the heat to another installation subject to the emissions trading scheme. | 0 |
867,424 | 18
According to the Court’s settled case-law, the principle of State liability for loss or damage caused to individuals as a result of breaches of EU law for which the State can be held responsible is inherent in the system of the treaties on which the European Union is based (see judgments of 19 November 1991 in Francovich and Others, C‑6/90 and C‑9/90, EU:C:1991:428, paragraph 35; of 5 March 1996 in Brasserie du pêcheur and Factortame, C‑46/93 and C‑48/93, EU:C:1996:79, paragraph 31, and of 14 March 2013 in Leth, C‑420/11, EU:C:2013:166, paragraph 40). | 53
As has already been mentioned in paragraph 44 above, despite their objective, namely, to put pressure on the Islamic Republic of Iran for the latter to put an end to proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems, those designations, resulting in the freezing of funds of persons or entities, have, on the fundamental rights and freedoms of those persons and entities, a substantial negative impact related, first, with regard to persons, to the serious disruption of those persons’ working and family life due to the restrictions of the exercise of their right to property and, second, with regard to entities, to disturbances that affect their activities, in particular their economic activities (see, to that effect, judgments in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraph 358, and Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 132). | 0 |
867,425 | 22. On that last point, it should be recalled that the Court has already held that, whilst the protective measures prescribed in Article 6(2) to (4) of the Habitats Directive are required only as regards sites which are placed on the list of sites selected as SCIs drawn up by the Commission, this does not mean that the Member States do not have to protect sites as soon as they propose them, under Article 4(1) of the directive, as sites eligible for identification as SCIs on the national list transmitted to the Commission (see Case C‑117/03 Dragaggi and Others [2005] ECR I‑167, paragraphs 25 and 26, and Case C‑244/05 Bund Naturschutz in Bayern and Others [2006] ECR I‑8445, paragraphs 36 and 37). | 28. Indeed, according to the case-law of the Court, the public service owes a general obligation of diligence when verifying the legality of payments made by it that are borne by the European Union budget (judgment in Ze Fu Fleischhandel GmbH and Vion Trading , C‑201/10 and C‑202/10, EU:C:2011:282, paragraph 44). To admit that the dies a quo is the day of the relevant irregularity’s discovery would run contrary to that obligation of diligence. | 0 |
867,426 | 27. As is clear from Article 1 of that directive and recital 10 thereto, Directive 95/46 is intended to ensure a high level of protection of the fundamental rights and freedoms of natural persons, in particular their right to privacy, with respect to the processing of personal data (see Google Spain and Google , C‑131/12, EU:C:2014:317, paragraph 66). | 29. In the first place, in the case of the legislation in force prior to the amendments made in 1998, the relevant provisions of ICTA applied to loans granted by a non-resident company to a resident subsidiary of which the former company owned 75% of the capital or where each of the companies was a 75% subsidiary of a third company. | 0 |
867,427 | 15 In a case such as the present one, where the act whose absence constitutes the subject-matter of the proceedings was adopted after the action was brought but before judgment, a declaration by the Court to the effect that the initial failure to act is unlawful can no longer bring about the consequences prescribed by Article 176. It follows that in such a case, as in cases where the defendant institution has responded within the period of two months after being called upon to act, the subject-matter of the action has ceased to exist (see Parliament v Council, cited above, paragraph 10, and Commission v Council, cited above, paragraph 10). | 91 THE DECISION IS NOT NECESSARILY REQUIRED TO BE A REPLICA OF THE NOTICE OF COMPLAINTS . | 0 |
867,428 | 30. It is only in its Communication on the interest rates to be applied when aid granted unlawfully is being recovered, published on 8 May 2003, that the Commission expressly stated that it would apply a compound interest rate in any decision ordering the recovery of unlawful aid that it might adopt in the future (judgment in Commission v Département du Loiret , C‑295/07, EU:C:2008:707, paragraph 46) and that it expected the Member States to apply compound interest during the execution of recovery decisions. | 11 IT FOLLOWS FROM THOSE DECISIONS THAT THE SOLE AIM OF ARTICLE 13 OF REGULATION NO 1430/79 IS TO ENABLE IMPORTERS TO BE EXEMPTED FROM PAYMENT OF THE DUTY PAYABLE WHEN CERTAIN SPECIFIC CONDITIONS ARE SATISFIED AND IN THE ABSENCE OF NEGLIGENCE OR DECEPTION, AND NOT TO ENABLE THEM TO CONTEST THE VERY PRINCIPLE THAT THE AMOUNT IS DUE . | 0 |
867,429 | 77
In the light of the foregoing, it must therefore be considered that, for the purposes of Article 4a(1) of Framework Decision 2002/584, the concept of ‘decision’ referred to therein does not cover a decision relating to the execution or application of a custodial sentence previously imposed, except where the purpose or effect of that decision is to modify either the nature or quantum of that sentence and the authority which adopted it enjoyed some discretion in that regard (see, to that effect, judgments of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 78 to 80, and of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraphs 85, 90 and 96). | 12 MOREOVER , IT SHOULD BE NOTED THAT THE APPLICANTS , IN STRESSING THAT THE RESTRUCTURING CARRIED OUT BY MEANS OF THE AID IN QUESTION CONSTITUTED AN INDIVISIBLE WHOLE , FROM AN INDUSTRIAL AND FINANCIAL POINT OF VIEW , HAVE IMPLICITLY ACKNOWLEDGED THAT THE ORIGINAL UNDERTAKING AND THE NEW MANUFACTURING COMPANIES FORM A SINGLE ECONOMIC UNIT .
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867,430 | 47. Furthermore, the Court has held that national courts must offer to individuals entitled to rely on disregard of the obligation of notification the certain prospect that all appropriate conclusions will be drawn, in accordance with national law, with regard to both the validity of the acts giving effect to the aid and the recovery of financial support granted in disregard of that provision or possible interim measures ( Fédération Nationale du Commerce Extérieur des Produits Alimentaires and Syndicat National des Négociants et Transformateurs de Saumon , paragraph 12, Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke , paragraphs 26 and 27; van Calster and Others , paragraph 64; and Case C‑71/04 Xunta de Galicia [2005] ECR I‑7419, paragraph 50). | 14 Moreover, the principle of the protection of legitimate expectations may be invoked as against Community rules, only to the extent that the Community itself has previously created a situation which can give rise to a legitimate expectation. | 0 |
867,431 | 38. In the second place, with respect to the principle of the protection of legitimate expectations, the Court has held that that principle also precludes national legislation which retroactively deprives a taxpayer of the right enjoyed prior to the adoption of that legislation to obtain the repayment of taxes levied in breach of EU law (see judgment in Test Claimants in the Franked Investment Income Group Litigation , EU:C:2013:834, paragraph 45 and the case-law cited). As noted by the Commission in its application, in accordance with that principle, a taxpayer who has brought, by the time the new legislation is adopted, an action seeking such a refund is entitled to expect that his action will not be declared inadmissible as a result of the retroactive application of that legislation and that the courts before which proceedings were brought will decide on the substance of that action. | 18 As the Court has stated on several occasions, although a parafiscal charge may fall within the scope of Article 12 or Article 95 of the Treaty, the use to which the revenue from that charge is put, for the benefit of domestic products, may nevertheless constitute State aid incompatible with the common market, if the conditions for the application of Article 92 of the Treaty, as interpreted by the Court in previous decisions, are met (Compagnie Commerciale de l' Ouest, Sanders and Lornoy, cited above). | 0 |
867,432 | 38. In that respect, it must be recalled that if, like Article 4(2) of Directive 85/337, the same provision of the amended directive confers on Member States a measure of discretion in order to determine whether a project falling in the categories listed in Annex II thereto must be made subject to an environmental impact assessment, the limits of that discretion are to be found in the obligation set out in Article 2(1) of the amended directive that projects likely, by virtue inter alia of their nature, size or location, to have significant effects on the environment are to be subject to an impact assessment (see, regarding Directive 85/337, Kraaijeveld and Others , paragraph 50, and Abraham and Others , paragraph 37). In applying their discretion, the Member States must take account of each of those criteria in order to determine whether projects are likely to have an effect on the environment (Case C-332/04 Commission v Spain , paragraph 77). | 60 It should be noted that the Belgian Government' s argument is based on the premiss that the contested decision orders the recovery of the aid in question on a privileged basis . However, the contested decision confines itself to ordering recovery of the aid, without prescribing the way in which that is be done . | 0 |
867,433 | 49. Consequently, in so far as it is the manner in which the Universal Service Directive is transposed into national legislation which is the subject-matter of the action for failure to fulfil obligations, it is appropriate to determine whether the wording of the legislation itself harbours the insufficiencies or defects of transposition (see, to that effect, Case C‑392/96 Commission v Ireland [1999] ECR I‑5901, paragraphs 59 and 60; judgment of 20 November 2008 in Case C‑66/06 Commission v Ireland , not published in the ECR, paragraph 59; and judgment of 12 February 2009 in Case C‑475/07 Commission v Poland , not published in the ECR, paragraph 54). | 27 The Court has held that it follows that, while the Contracting States remain free in principle, by virtue of the proviso in Article 27, point 1, of the Convention, to determine according to their own conception what public policy requires, the limits of that concept are a matter of interpretation of the Convention (Krombach, paragraph 22). | 0 |
867,434 | 34. It is only if, in spite of a negative assessment carried out in accordance with the first sentence of Article 6(3) of the Habitats Directive, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, and there are no alternative solutions, that Article 6(4) of the Habitats Directive provides that the Member State is to take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected (see Case C‑304/05 Commission v Italy EU:C:2007:532, paragraph 81; Case C‑182/10 Solvay and Others EU:C:2012:82, paragraph 72; and Sweetman and Others EU:C:2013:220, paragraph 34). | 38. En second lieu, concernant la position 8302 de la NC, il y a lieu de constater que les caractéristiques de l’article en cause ne paraissent correspondre à aucun des exemples de garnitures, de ferrures et d’articles similaires figurant dans les notes explicatives du SH relatives à la position 8302. | 0 |
867,435 | 48. As Article 6 thereof states, the provisions of that agreement, in so far as they are identical in substance to corresponding rules of the Treaty and to acts adopted in application of that Treaty, must, in their implementation and application, be interpreted in conformity with the relevant rulings of the Court given prior to the date of signature of that agreement. Furthermore, both the Court and the EFTA Court have recognised the need to ensure that the rules of the EEA Agreement which are identical in substance to those of the Treaty are interpreted uniformly (Case C-452/01 Ospelt and Schlössle Weissenberg [2003] ECR I-9743, paragraph 29; Case C-286/02 Bellio F.lli [2004] ECR I‑3465, paragraph 34; see also the judgment of the EFTA Court of 12 December 2003 in Case E-1/03 EFTA Surveillance Authority v Iceland , EFTA Court Report, p. 143, paragraph 27). | 12. It is true that, in interpreting certain provisions of the Protocol, the Court has distinguished between a tax intended to provide for the general expenses of public authorities and a contribution intended to finance a social security scheme, even if such a contribution is levied in a manner resembling the levying of taxes (see Case 23/68 Klomp v Inspektie der Belastingen [1969] ECR 43, paragraphs 18 to 22). | 0 |
867,436 | 21. In that respect, although the Member States are competent, under Article 165(1) TFEU, as regards the content of teaching and the organisation of their respective education systems, they must exercise that competence in compliance with EU law and, in particular, in compliance with the Treaty provisions on the freedom to move and reside within the territory of the Member States, as conferred by Article 21(1) TFEU on all citizens of the European Union (see, Morgan and Bucher , paragraph 24, and Prinz and Seeberger , paragraph 26 and the case-law cited). | 59
In other words, the principles of mutual trust and recognition on which that Framework Decision is based must not in any way undermine the fundamental rights guaranteed to the persons concerned. | 0 |
867,437 | 7 IT SHOULD ALSO BE BORNE IN MIND , HOWEVER , THAT AT THE TIME IN QUESTION THE COUNCIL HAD NOT IMPLEMENTED THE PROTECTIVE MEASURES ENVISAGED BY ARTICLE 102 . THIS LED TO UNCERTAINTY IN THE LAW , BUT IT DID NOT ACTUALLY ENTAIL A LEGAL VACUUM FROM THE POINT OF VIEW OF COMMUNITY LAW . THE COURT HAS SHOWN IN ITS JUDGMENT OF 16 FEBRUARY 1978 ( CASE 61/77 COMMISSION V IRELAND ( 1978 ) ECR 417 , PARAGRAPHS 28 TO 37 AND 56 TO 68 ), WHAT THE LAW IS APPLICABLE IN THE CIRCUMSTANCES AND HOW POWERS ARE DIVIDED BETWEEN THE COMMUNITY AND THE MEMBER STATES . IT FOLLOWS THAT DURING THE YEAR 1978 THE MEMBER STATES HAD THE RIGHT AND THE DUTY TO ADOPT , WITHIN THEIR RESPECTIVE SPHERES OF JURISDICTION , ANY MEASURE COMPATIBLE WITHIN COMMUNITY LAW TO PROTECT THE BIOLOGICAL RESOURCES OF THE SEA AND , IN PARTICULAR , TO FIX FISHING QUOTAS FOR FISHING UNDERTAKINGS AND FISHERMEN SUBJECT TO THEIR CONTROL .
| 17 THAT QUESTION MUST BE ANSWERED IN THE NEGATIVE . WHILST THE REPORT DATED 21 DECEMBER 1981 DOES NOT USE THE TERM ' ' OCCUPATIONAL DISEASE ' ' , IT DOES RECOGNIZE THE EXISTENCE OF A CAUSAL RELATIONSHIP BETWEEN THE WORK OR WORKING CONDITIONS AND THE DETERIORATION IN THE APPLICANT ' S STATE OF HEALTH , AS DOES , MOREOVER , THE FIRST VERSION OF THE REPORT OF 25 JANUARY 1982 . ALTHOUGH , ON THE OTHER HAND , THE DEFINITIVE VERSION OF THE LATTER REPORT INDICATES THAT TWO DOCTORS , THAT IS TO SAY A MAJORITY , CONCLUDED THAT THE APPLICANT ' S INVALIDITY DID NOT RESULT FROM AN OCCUPATIONAL DISEASE , IT REMAINS TO BE SAID THAT THAT VERSION CONTAINS NO REASONS ENABLING THE READER TO ASSESS THE CONSIDERATIONS ON WHICH THAT CONCLUSION WAS BASED NOR ANY EXPLANATION AS TO THE INCONSISTENCY BETWEEN THAT CONCLUSION AND THE CONCLUSION SET OUT IN THE SECOND REPORT AND IN THE FIRST VERSION OF THE THIRD REPORT .
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867,438 | 43. Second, the Court has already held that a law such as the BerlBesÜG appears suited to achieving the aim pursued, that is to say, to ensure the preservation of acquired rights (judgment in Specht and Others , C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraphs 65 to 68). It went on to state that the national legislature did not go beyond what was necessary to achieve the aim pursued by adopting the transitional derogation measures put in place by the BerlBesÜG (judgment in Specht and Others , C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraphs 69 to 85). | 53 In so far as waste, even waste which is stored temporarily, can cause serious harm to the environment, the provisions of Article 4 of Directive 75/442, which are intended to implement the principle of precaution, also apply to temporary storage. | 0 |
867,439 | 37
It should be noted that, as stated in paragraph 31 of this judgment, the Commission has broad discretion to determine the benchmarks in individual sectors or subsectors under Article 10a(2) of Directive 2003/87. Therefore, the legality of a measure adopted in that area can be affected only if the measure is manifestly inappropriate (judgments of 8 September 2016, Borealis and Others, C‑180/15, EU:C:2016:647, paragraph 45, and of 26 October 2016, Yara Suomi and Others, C‑506/14, EU:C:2016:799, paragraph 37). | 56. In such circumstances, the activities of the operator of the search engine and those of its establishment situated in the Member State concerned are inextricably linked since the activities relating to the advertising space constitute the means of rendering the search engine at issue economically profitable and that engine is, at the same time, the means enabling those activities to be performed. | 0 |
867,440 | 44. However, even if a measure contributes to the economic and social development of developing countries, it does not fall within development cooperation policy if it has as its main purpose the implementation of another policy (see, to this effect, Case C‑91/05 Commission v Council EU:C:2008:288, paragraph 72). | 142. The Court has also held that, if an addressee of a decision decides to bring an action for annulment, the matter to be tried by the European Union judicature relates only to those aspects of the decision which concern that addressee. Unchallenged aspects concerning other addressees, on the other hand, do not form part of the matter to be tried by the Union judicature ( Commission v AssiDomän Products and Others , paragraph 53). | 0 |
867,441 | 49
In order to fulfil that obligation, the institutions concerned are required to have regard not only to the operative part of the judgment of annulment or invalidity, but also to the grounds which led to the judgment and constitute its essential basis, in so far as they are necessary to determine the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be illegal and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the act annulled or declared invalid (see, to that effect, judgments inAsteris and Others v Commission, 97/86, 99/86, 193/86 and 215/86, EU:C:1988:199, paragraph 27, Spain v Commission, C‑415/96, EU:C:1998:533, paragraph 31, and Italy v Commission, C‑417/06 P, EU:C:2007:733, paragraph 50). | 24 HOWEVER , IF DISPARITIES IN THE LEGISLATION OF MEMBER STATES PROVED TO BE SUCH AS TO COMPROMISE THE EQUAL TREATMENT OF PRODUCERS AND TRADERS IN DIFFERENT MEMBER STATES OR DISTORT OR IMPAIR THE FUNCTIONING OF THE COMMON MARKET , IT WOULD BE FOR THE COMPETENT COMMUNITY INSTITUTIONS TO ADOPT THE PROVISIONS NEEDED TO REMEDY SUCH DISPARITIES .
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867,442 | 33. The rules established thus come within the scope of Article 141 EC and Directive 75/117 (see by way of analogy, in respect of a system for acquiring entitlement to a higher salary on the basis of rules on seniority, Case C‑184/89 Nimz [1991] ECR I‑297, paragraphs 9 and 10). | 17 The second definition, however, refers to the function of medicinal products; it covers all products which are intended to restore, correct or modify physiological functions and which may thus have an effect on health in general. | 0 |
867,443 | 23. In the first place, it must be stated that the causal event, defined as the event which gives rise to the alleged damage (see judgment in Zuid-Chemie , C‑189/08, EU:C:2009:475, paragraph 28), is not relevant for the purpose of attributing jurisdiction to the court before which a case such as that in the main proceedings has been brought. | 81. The legality of a decision concerning State aid is to be assessed in the light of the information available to the Commission when the decision was adopted, especially where the decision in question is a decision not to raise objections to an aid scheme adopted at the end of the preliminary stage of the procedure for reviewing aid under Article 93(3) of the EC Treaty, such as the contested decision (see, to that effect, Nuova Agricast , paragraphs 54 and 55). | 0 |
867,444 | 68. Those adjustments include, in particular, that resulting from the clarification contained in the third indent of Article 2(2) of Regulation No 1553/89, according to which, for the purposes of applying Article 2(1), transactions which Member States continue to exempt pursuant to Article 28(3)(b) of the Sixth VAT Directive are to be taken into account for determining VAT resources. In that regard, the second indent of Article 6(2) of Regulation No 1553/89 provides inter alia that, for the purposes of applying the third indent of Article 2(2) of that regulation, Member States are to calculate the VAT resources base as if these transactions were taxed, in order to place those States on an equal footing with the other Member States which have not chosen to exempt a particular sector (see Case C‑251/88 Commission v Germany [1990] ECR I‑2107, paragraph 14). | 27. As regards the issue of interpreting the notion of consumption, it is clear from paragraphs 71 to 78 of the judgment in Italy v Council that the Court examined only a supposed alteration in the method used by the Commission and Council to evaluate the future situation in Italy. | 0 |
867,445 | 40. Consequently, since Article 191(2) TFEU, which establishes the ‘polluter pays’ principle, is directed at action at EU level, that provision cannot be relied on as such by individuals in order to exclude the application of national legislation — such as that at issue in the main proceedings — in an area covered by environmental policy for which there is no EU legislation adopted on the basis of Article 192 TFEU that specifically covers the situation in question (see judgments in ERG and Others , EU:C:2010:126, paragraph 46; ERG and Others , EU:C:2010:127, paragraph 39; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 36). | 14 THE COMMUNITY HAS ASSUMED THE FUNCTIONS INHERENT IN THE TARIFF AND TRADE POLICY, PROGRESSIVELY DURING THE TRANSITIONAL PERIOD AND IN THEIR ENTIRETY ON THE EXPIRY OF THAT PERIOD, BY VIRTUE OF ARTICLES 111 AND 113 OF THE TREATY . | 0 |
867,446 | 67. However, those concerns cannot entitle Member States to plead their own systems of property ownership, referred to in Article 295 EC, by way of justification for obstacles, resulting from privileges attaching to their position as shareholder in a privatised undertaking, to the exercise of the freedoms provided for by the Treaty. That article does not have the effect of exempting the Member States' systems of property ownership from the fundamental rules of the Treaty (see Commission v France , paragraph 44, and Commission v Belgium , paragraph 44). | Il suffit de relever, à cet égard, qu’il ressort de la jurisprudence de la Cour que la Commission n’est pas tenue, lors de la détermination du montant des amendes, de s’assurer, dans le cas où de telles amendes sont infligées à plusieurs entreprises impliquées dans une même infraction, que les montants finaux des amendes traduisent une différenciation entre les entreprises concernées quant à leur chiffre d’affaires global (arrêt du 7 septembre 2016, Pilkington Group e.a./Commission, C‑101/15 P, EU:C:2016:631, point 65). | 0 |
867,447 | 18 Under the second subparagraph of Article 40(3) of the Treaty, the common organization of the agricultural markets to be established in the context of the common agricultural policy must `exclude any discrimination between producers or consumers within the Community'. That prohibition of discrimination is merely a specific enunciation of the general principle of equality which is one of the fundamental principles of Community law (see, in particular, Joined Cases 201/85 and 202/85 Klensch and Others v Secrétaire d'État [1986] ECR 3477, paragraph 9, and Case C-2/92 The Queen v Ministry of Agriculture, Fisheries and Food ex parte Bostock [1994] ECR I-955, paragraph 23). | 20. À cet égard, il convient de rappeler, ainsi qu’il résulte d’une jurisprudence constante, que la nécessité de parvenir à une interprétation du droit de l’Union qui soit utile pour le juge national exige que celui-ci définisse le cadre factuel et réglementaire dans lequel s’insèrent les questions qu’il pose ou que, à tout le moins, il explique les hypothèses factuelles sur lesquelles ces questions sont fondées (voir arrêts du 31 janvier 2008, Centro Europa 7, C‑380/05, Rec. p. I‑349, point 57 et jurisprudence citée, ainsi que du 11 mars 2010, Attanasio Group, C‑384/08, Rec. p. I‑2055, point 32). Ces exigences valent tout particulièrement dans le domaine de la concurrence, qui est caractérisé par des situations de fait et de droit complexes (voir, en ce sens, notamment, arrêts du 26 janvier 1993, Telemarsicabruzzo e.a., C‑320/90 à C‑322/90, Rec. p. I‑393, point 7, ainsi que Attanasio Group, précité, point 32 et jurisprudence citée). | 0 |
867,448 | 70. According to settled case-law, the various language versions of a provision of Community law must be uniformly interpreted and, in the case of divergence between those versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (Case C-257/00 Givane and Others [2003] ECR I-345, paragraph 37, and the case-law cited). | 26 It follows that, by failing to provide the Commission with the information requested, the Kingdom of Spain has failed to fulfil its obligations under Article 5 of the EEC Treaty. | 0 |
867,449 | 45
In the absence of a definition of ‘multiannual programme’ in Regulation No 2988/95, the scope of that concept must be determined by taking account of the meaning of each of its constituent terms, the context in which it is used and the objectives of the legislation which refers to it (see, by analogy, judgments of 6 October 2015, Firma Ernst Kollmer Fleischimport und -export, C‑59/14, EU:C:2015:660, paragraph 22, and of 21 December 2016, Interservice, C‑547/15, EU:C:2016:983, paragraph 20). | 17. In accordance with the original planning, Mrs Folkerts’ flight was scheduled to depart from Bremen on 16 May 2006 at 6.30 am and arrive in Asunción, her final destination, the same day at 11.30 pm. | 0 |
867,450 | 31. The reference for a preliminary ruling, likewise, cannot be held inadmissible because the answers to the questions referred are clear, as Total alleges, from existing well-established Community and national case‑law. Even assuming that the questions referred are materially identical to questions which have already been ruled upon in the context of a reference for a preliminary ruling in an analogous case, that circumstance in no way prevents the national court from referring questions to the Court for a preliminary ruling and does not result in the Court lacking jurisdiction to rule on those questions (see, to that effect, Case 283/81 CILFIT and Others [1982] ECR 3415, paragraphs 13 and 15). However, in such a case, the Court may, pursuant to Article 104(3) of its Rules of Procedure, after hearing the Advocate General, at any time give its decision by reasoned order in which reference is made to its previous judgment or to the relevant case-law. | 52. Dès lors que la République italienne n’a pas pris, dans le délai imparti, les mesures nécessaires pour récupérer auprès du bénéficiaire l’aide visée par la décision 2010/460, le grief de cet État membre quant au manque allégué de coopération de la part de la Commission apparaît inopérant (voir, en ce sens, arrêt du 1 er mars 2012, Commission/Grèce, C‑354/10, point 78). | 0 |
867,451 | 27 First, it should be remembered that it is settled law that in the context of the cooperation between the Court of Justice and the national courts provided for by Article 234 EC it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling. The latter may decline a reference from a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the actual facts of the main action or its purpose (see, in particular, Case C-281/98 Angonese [2000] ECR I-4139, paragraph 18, and Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38). | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
867,452 | 97. It follows from settled case‑law that the mere failure to communicate a document constitutes a breach of the rights of the defence only if the undertaking concerned is able to show, first, that the Commission relied on that document to support its objection concerning the existence of an infringement and, second, that the objection could be proved only by reference to that document (see, inter alia, Case 107/82 AEG v Commission [1983] ECR 3151, paragraphs 24 to 30, and Case 322/81 Michelin v Commission , paragraphs 7 to 9). | 28 FOR THE SAME REASONS THE MAMMOUTH CASE CANNOT BE CONSIDERED AS IT WAS NOT MENTIONED IN THE STATEMENT OF OBJECTIONS .
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867,453 | 49
In that respect, it follows from the case-law of the Court that when an acquirer of a copy of a computer program purchases and downloads that copy from the rightholder’s website, this constitutes a reproduction which is authorised under Article 5(1) of Directive 91/250, since it is necessary for the use of the program by the lawful acquirer in accordance with its intended purpose (see, to that effect, judgment of 3 July 2012, UsedSoft, C‑128/11, EU:C:2012:407, paragraph 75). | 75. When the customer of the copyright holder purchases a copy of a computer program that is on the rightholder’s website, he performs, by downloading the copy onto his computer, a reproduction of the copy which is authorised under Article 5(1) of Directive 2009/24. This is a reproduction that is necessary for the use of the program by the lawful acquirer in accordance with its intended purpose. | 1 |
867,454 | 54. As to the third plea of inadmissibility, it should be borne in mind that, in proceedings under Article 226 EC for failure to fulfil obligations, it is for the Commission, which is responsible for proving the existence of the alleged infringement, to provide the Court with the information necessary for it to determine whether that infringement is made out, and the Commission may not rely on any presumption for that purpose (see, in particular, Case C‑434/01 Commission v United Kingdom [2003] ECR I‑13239, paragraph 21, and Case C‑342/05 Commission v Finland [2007] ECR I‑4713, paragraph 23). | 37 Since the legislation at issue is framed in that way, the terms "sold" and "leased" used in the second subparagraph of Article 3a(4) of Regulation No 857/84, as amended, must be construed as referring to any transfer, for consideration, of the ownership of or right to use the holding, whatever the legal basis of the transfer, with the exception of those cases in which it is the result of a "similar transaction" within the meaning of the first subparagraph of Article 7a of Regulation No 1546/88, as amended. | 0 |
867,455 | 69
Those principles and that obligation require, in particular, that the subject matter and the award criteria for the contract concerned are clearly determined from the beginning of the award procedure for that contract and that the conditions and detailed rules of the award procedure must be drawn up in a clear, precise and unequivocal manner in the contract notice or specifications so that, first, all reasonably informed tenderers exercising ordinary care can understand their exact significance and interpret them in the same way and, second, the contracting authority is able to ascertain whether the bids submitted satisfy the criteria applying to the contract in question (see, to that effect, judgments of 10 May 2012, Commission v Netherlands, C‑368/10, EU:C:2012:284, paragraphs 56, 88 and 109; of 6 November 2014, Cartiera dell’Adda, C‑42/13, EU:C:2014:2345, paragraph 44; and of 14 July 2016, TNS Dimarso, C‑6/15, EU:C:2016:555, paragraph 23). The obligation of transparency also means that the subject matter and the award criteria must be adequately publicised by the contracting authorities (see, to that effect, judgment of 24 January 2008, Lianakis and Others, C‑532/06, EU:C:2008:40, paragraph 40). | 43. So far as concerns the main proceedings, it is apparent from the documents submitted to the Court that Lalib is a company separate from WML, as it is not a branch, subsidiary or agency of the latter, and that it paid VAT in Portugal. | 0 |
867,456 | In addition, the Court found that such data must remain confidential for purposes other than the operation and maintenance
of the registries (see judgment in Ville de Lyon, C‑524/09, EU:C:2010:822, paragraph 50). | 65. To this end, clause 5 imposes on Member States the obligation to introduce into domestic law one or more of the measures listed in clause 5(1)(a) to (c) where equivalent legal provisions intended to prevent effectively the misuse of successive fixed-term employment contracts do not already exist in the Member State concerned. | 0 |
867,457 | 33. À cet égard, conformément à l’article 5 du règlement nº 469/2009, un CCP délivré en lien avec un produit confère, à l’expiration du brevet de base, les mêmes droits que ceux qui étaient conférés par ce brevet de base à l’égard de ce produit, dans les limites de la protection conférée par ledit brevet telles qu’énoncées à l’article 4 de ce règlement. Partant, si le titulaire de ce même brevet pouvait, pendant la période de validité de celui-ci, s’opposer, sur le fondement de son brevet, à l’utilisation ou à certaines utilisations de son produit sous la forme d’un médicament consistant en un tel produit ou contenant celui-ci, le CCP délivré à l’égard de ce même produit lui conférera les mêmes droits pour toute utilisation du produit, en tant que médicament, qui a été autorisée avant l’expiration dudit certificat (voir arrêts précités Medeva, point 39, et Georgetown University e.a., point 32, ainsi que ordonnances précitées University of Queensland et CSL, point 34, et Daiichi Sankyo, point 29). | 62 It follows that the various aspects of the procedural rules cannot be examined in isolation but must be placed in their general context. Moreover, such an examination may not be carried out subjectively by reference to circumstances of fact but must involve an objective comparison, in the abstract, of the procedural rules at issue. | 0 |
867,458 | 21. These considerations correspond to those underlying Article 6(1) TEU, according to which the provisions of the Charter are not to extend in any way the competences of the European Union as defined in the Treaties. Likewise, the Charter, pursuant to Article 51(2) thereof, does not extend the field of application of EU law beyond the powers of the European Union or establish any new power or task for the European Union, or modify powers and tasks as defined in the Treaties (see Case C‑400/10 PPU McB. EU:C:2010:582, paragraph 51; Case C‑256/11 Dereci and Others EU:C:2011:734, paragraph 71; and Åkerberg Fransson EU:C:2013:105, paragraph 23). | 68. In those circumstances, it is not established that Regulations No 2352/97 and No 2494/97 had serious consequences in a significant sector of the economy of the Netherlands Antilles as distinct from every other OCT, or that they have been affected by the safeguard measures in question by reason of attributes distinguishing them from all other OCTs to which those regulations also apply. | 0 |
867,459 | 53. According to the case-law of the Court, the prohibition of measures having equivalent effect to restrictions which is set out in Article 28 EC covers all rules enacted by the Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (Case C‑217/99 Commission v Belgium [2000] ECR I‑10251, paragraph 16; Case C‑65/05 Commission v Greece [2006] ECR I‑10341, paragraph 27; and Case C‑54/05 Commission v Finland [2007] ECR I‑0000, paragraph 30). Thus, the mere fact that an importer is deterred from introducing or marketing the products in question in the Member State concerned amounts to a hindrance to the free movement of goods ( Commission v Belgium , paragraph 18, and Case C‑254/05 Commission v Belgium [2007] ECR I‑0000, paragraph 30). | 29
It must be recalled that, according to the Court’s case-law, first, the examination of the absolute grounds for refusal must be carried out in relation to each of the goods or services for which trade mark registration is sought and, secondly, that the decision by which the competent authority refuses registration of a mark must, in principle, state reasons in respect of each of those goods or services (judgment of 15 February 2007, BVBA Management, Training en Consultancy, C‑239/05, EU:C:2007:99, paragraph 34, and order of 18 March 2010, CFCMCEE v OHIM, C‑282/09 P, EU:C:2010:153, paragraph 37). | 0 |
867,460 | 145. The purpose of that provision is to make clear, in accordance with the principles of international law, that application of the EC Treaty does not affect the duty of the Member State concerned to respect the rights of non-member countries under an earlier agreement and to perform its obligations thereunder (see, inter alia, Case C-84/98 Commission v Portugal [2000] ECR I-5215, paragraph 53). | 22. In the light of the foregoing, the reference for a preliminary ruling must be regarded as admissible.
Substance | 0 |
867,461 | 42. In that respect, it should be noted that, in paragraphs 28 and 21 respectively of the judgments in Bachmann and Commission v Belgium , the Court of Justice acknowledged that the need to preserve the cohesion of a tax system might justify a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty. However, for an argument based on such justification to succeed, a direct link had to be established between the tax advantage concerned and the offsetting of that advantage by a particular tax levy (see, to that effect, Case C-484/93 Svensson and Gustavsson [1995] ECR I‑3955, paragraph 18; Asscher , paragraph 58; ICI , paragraph 29; Case C-55/98 Vestergaard [1999] ECR I‑7641, paragraph 24; Case C-436/00 X and Y [2002] ECR I-10829, paragraph 52). As is shown by paragraphs 21 to 23 of the judgment in Bachmann and paragraphs 14 to 16 of the judgment in Commission v Belgium , those judgments are based on the finding that, in Belgian law, there was a direct link, in relation to the same taxpayer liable to income tax, between the ability to deduct insurance contributions from taxable income and the subsequent taxation of sums paid by the insurers. | 17 IT WOULD BE CONTRARY TO THIS AIM TO ACKNOWLEDGE THAT THE COMPETENT INSTITUTION HAS THE POWER TO REVIEW SUCH BENEFITS OF ITS OWN MOTION AND TO THE DETRIMENT OF THE PERSON CONCERNED .
| 0 |
867,462 | 16 It is settled law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that 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, in particular, Case C-110/00 Commission v Austria [2001] ECR I-7545, paragraph 13, and Case C-423/00 Commission v Belgium [2002] ECR I-593, paragraph 14). | 31. That second condition makes it possible to distinguish a database within the meaning of the directive, characterised by a means of retrieving each of its constituent materials, from a collection of materials providing information without any means of processing the individual materials which make it up. | 0 |
867,463 | 30. In that regard, it should be recalled, first, that a ‘flight’ within the meaning of Regulation No 261/2004 consists in an air transport operation, performed by an air carrier which fixes its itinerary (Case C‑173/07 Emirates Airlines [2008] ECR I‑5237, paragraph 40). Thus, the itinerary is an essential element of the flight, as the flight is operated in accordance with the carrier’s pre-arranged planning. | 41. However, that finding does not provide a complete answer to the question referred by the national court. That court pointed out that that provision treats those who will actually receive an old-age pension from their employer in the same way as those who are eligible for such a pension. | 0 |
867,464 | 34. As is shown by recital 22 in the preamble to the Regulation, the rule of priority laid down in Article 16(1) thereof is based on the principle of mutual trust. It is indeed that mutual trust which has enabled not only the establishment of a compulsory system of jurisdiction which all the courts within the purview of the Regulation are required to respect, but also as a corollary the waiver by the Member States of the right to apply their internal rules on recognition and enforcement in favour of a simplified mechanism for the recognition and enforcement of judgments handed down in the context of insolvency proceedings (Case C-341/04 Eurofood IFSC [2006] ECR I-3813, paragraphs 39 and 40, and MG Probud Gdynia , paragraphs 27 and 28). | 89. It is clear that conduct which directly affects the prices of products manufactured in the Community – in the present case, the payment of royalties – may be capable of casting doubt, first, on the causal link between the subsidised imports and the injury (see, to that effect, AGST Draht- und Biegetechnik , paragraphs 45 to 54) and, second, on the assessment of the injury suffered by the Community industry by reason of the undercutting prices of those imports. | 0 |
867,465 | 33 Second, under the rule laid down by Article 3(1)(b), (c) and (d), trade marks which are devoid of any distinctive character, descriptive marks, and marks which consist exclusively of indications which have become customary in the current language or in the bona fide and established practices of the trade are to be refused registration or declared invalid if registered (Windsurfing Chiemsee, cited above, paragraph 45). | 28
The Court has consistently held that it follows from the need for a uniform application of EU law, and from the principle of equality, that the terms of a provision of EU law, which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope, must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose of the legislation in question (judgments of 17 July 2008 in Kozłowski, C‑66/08, EU:C:2008:437, paragraph 42, and of 15 October 2015 in Axa Belgium, C‑494/14, EU:C:2015:692, paragraph 21 and the case-law cited). | 0 |
867,466 | 25. In that regard, the Court has already ruled that it is apparent both from the wording of Directive 1999/70 and of the framework agreement, as well as from their background and purpose, that the provisions laid down can apply also to fixed-term employment contracts and relationships concluded with the public authorities and other public-sector bodies (Case C-212/04 Adeneler and Others [2006] ECR I-6057, paragraphs 54 to 57; Case C-53/04 Marrosu and Sardino [2006] ECR I-7213, paragraphs 40 to 43, and Case C-180/04 Vassallo [2006] ECR I-7251, paragraphs 32 to 35). | 43. In those circumstances, the contested regulation must be annulled in so far as it relates to the appellants.
Costs | 0 |
867,467 | 56. It must be borne in mind, first, that although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law (see Schumacker , cited above, paragraph 21; Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 16; and Gschwind , paragraph 20, and Verkooijen , paragraph 32, cited above). | 25. As is apparent from the second recital in the preamble to Directive 97/55, the harmonisation by the directive of the conditions governing the use of comparative advertising is to help to demonstrate objectively the merits of the ‘various comparable products’. As stated in the ninth recital in its preamble, this requirement that the products be comparable is intended in particular to prevent comparative advertising from being used in an anti-competitive and unfair manner. | 0 |
867,468 | 35 As regards the Commission's request that the Court should limit the effects in time of the declaration of invalidity of Regulation No 1521/95, it must be recalled that the Court has consistently held (see, for example, Joined Cases C-38/90 and C-151/90 Lomas and Others [1992] ECR I-1781, paragraph 23) that, where it is justified by overriding considerations of legal certainty, the second paragraph of Article 231 EC, which is also applicable by analogy to a reference under Article 234 EC for a preliminary ruling on the validity of a measure adopted by the Community institutions, confers on the Court a discretion to decide, in each particular case, which specific effects of a regulation that has been declared void must be regarded as definitive. | 98. Those fundamental rights include, inter alia, respect for the rights of the defence and the right to effective judicial protection. | 0 |
867,469 | 55. It is true that the Court has also ruled that, where the legislation of a Member State makes the grant of a tax advantage dependent on the satisfaction of requirements, compliance with which can be verified only by obtaining information from the competent authorities of a third State, it is, in principle, legitimate for that Member State to refuse to grant that advantage if, in particular, because that third State is not under any obligation pursuant to a convention or agreement to provide information, it proves impossible to obtain such information from that State ( A , cited above, paragraph 63, and Case C-318/07 Persche [2009] ECR I-359, paragraph 70). The framework for cooperation between the competent authorities of the Member States established by Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (OJ 1977 L 336, p. 15) and Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799 (OJ 2011 L 64, p. 1) does not exist between those authorities and the competent authorities of a third State where that State has not entered into any undertaking of mutual assistance (Case C-48/11 A [2012] ECR, paragraph 35). | 24. In that judgment, the Court rejected the argument of the German Government that persons in minor employment are not part of the working population because the small earnings which they receive from such employment are not sufficient to satisfy their needs ( Megner and Scheffel , paragraphs 17 and 18). | 0 |
867,470 | 33. In the present case, Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht obtained, before the General Court, the annulment of the decision at issue in accordance with the form of order sought in their action. Their cross-appeal, which in fact merely seeks to substitute the grounds relating to the analysis of whether Article 9(3) of the Aarhus Convention may be relied on, cannot, therefore, be upheld (see, by analogy, in relation to a main appeal, judgment in Al-Aqsa v Council and Netherlands v Al-Aqsa , C‑539/10 P and C‑550/10 P, EU:C:2012:711, paragraphs 43 to 45). | 46. It is common ground that those principles include the principle of the legality of criminal offences and penalties and the principle of equality and non-discrimination, which are also reaffirmed respectively in Articles 49, 20 and 21 of the Charter of Fundamental Rights of the European Union, proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1). | 0 |
867,471 | 47. Therefore, according to that case-law, in the specific area of State aid, the Commission is bound by the guidelines and notices that it issues, to the extent that they do not depart from the rules in the Treaty (see Case C‑288/96 Germany v Commission [2000] ECR I‑8237, paragraph 62, and Germany and Others v Kronofrance , paragraph 61). | 124. Whilst it is true that Article 12 EC prohibits every Member State from applying its competition law differently on grounds of the nationality of the parties concerned, the fact remains that Article 12 EC is not concerned with any disparities in treatment which may result, for persons and undertakings subject to the jurisdiction of the Community, from divergences existing between the laws of the various Member States, so long as the latter affect all persons subject to them, in accordance with objective criteria and without regard to their nationality (see Wilhelm and Others , cited above, paragraph 13). | 0 |
867,472 | 34 It should be pointed out that, according to the fundamental principle which underlies the VAT system, and which follows from Article 2 of the First and Sixth Directives, VAT applies to each transaction by way of production or distribution after deduction has been made of the VAT which has been levied directly on transactions relating to inputs (Case C-62/93 BP Soupergaz v Greek State [1995] ECR I-1883, paragraph 16). It is settled case-law that the right of deduction provided for in Article 17 et seq. of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. That right must be exercised immediately in respect of all the taxes charged on transactions relating to inputs (see, in particular, the judgment in BP Soupergaz, cited above, paragraph 18, and Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others v AEAT [2000] ECR I-1577, paragraph 43). Any limitation on the right of deduction affects the level of the tax burden and must be applied in a similar manner in all the Member States. Consequently, derogations are permitted only in the cases expressly provided for in the directive (judgment in BP Soupergaz, cited above, paragraph 18). | 18 The right of deduction provided for in Article 17 et seq. of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. The Court has consistently held (see, in particular, Case 50/87 Commission v France [1988] ECR 4797, paragraphs 15 to 17 and Case C-97/90 Lennartz v Finanzamt Muenchen III [1991] ECR I-3795, paragraph 27) that the right of deduction must be exercised immediately in respect of all the taxes charged on transactions relating to inputs. Any limitation on the right of deduction affects the level of the tax burden and must be applied in a similar manner in all the Member States. Consequently, derogations are permitted only in the cases expressly provided for in the directive. | 1 |
867,473 | 28. Accordingly, it is the acquisition of goods by a taxable person acting as such that gives rise to the application of the VAT system and therefore of the deduction mechanism. The use to which the goods or services are put, or intended to be put, merely determines the extent of the initial deduction to which the taxable person is entitled under Article 168 of Directive 2006/112 and the extent of any adjustments in the course of the following periods, adjustments which must be made under the conditions laid down in Article 184 et seq. of that directive (see Lennartz , paragraph 15; Ghent Coal Terminal , paragraph 18; Case C‑396/98 Schloßstrasse [2000] ECR I‑4279, paragraph 37; Breitsohl , paragraph 35; Centralan Property , paragraph 54; Case C‑118/11 Eon Aset Menidjmunt [2012] ECR, paragraph 57; and Case C‑334/10 X [2012] ECR, paragraph 17). | 68. Le second desdits droits fondamentaux, qui est affirmé à l’article 47 de la Charte, exige que l’intéressé puisse connaître les motifs sur lesquels est fondée la décision prise à son égard soit par la lecture de la décision elle-même, soit par une communication de ces motifs faite sur sa demande, sans préjudice du pouvoir du juge compétent d’exiger de l’autorité en cause qu’elle les communique, afin de lui permettre de défendre ses droits dans les meilleures conditions possibles et de décider en pleine connaissance de cause s’il est utile de saisir le juge compétent, ainsi que pour mettre ce dernier pleinement en mesure d’exercer le contrôle de la légalité de la décision en cause (voir arrêts du 4 juin 2013, ZZ, C‑300/11, point 53 et jurisprudence citée, ainsi que Kadi II, point 100). | 0 |
867,474 | 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). | 85. Il y a lieu de rappeler, à titre liminaire, que la procédure prévue à l’article 260, paragraphe 2, TFUE a pour objectif d’inciter un État membre défaillant à exécuter un arrêt en manquement et, par‑là, d’assurer l’application effective du droit de l’Union et que les mesures prévues par cette disposition, à savoir l’astreinte et la somme forfaitaire, visent toutes les deux ce même objectif (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 140). | 0 |
867,475 | 43. Such a restriction may, according to the Court’s settled case-law, be allowed only in the actual judgment ruling upon the interpretation sought ( Meilicke and Others , paragraph 36 and the case-law cited). | 75. Ainsi qu’il résulte du libellé de cette dernière disposition, la possibilité pour un État membre d’appliquer des taux réduits inférieurs au minimum fixé audit article 99 est subordonnée à la réunion de quatre conditions cumulatives, et notamment celle selon laquelle les taux réduits doivent être en conformité avec la législation de l’Union. | 0 |
867,476 | 63. The Court observed that, as a Turkish national who has been duly registered as belonging to the legitimate labour force of a Member State within the meaning of Article 6 of Decision No 1/80 could not be entitled under that decision to remain in the territory of that State following an accident at work, that person cannot, therefore, be considered to have left the territory of the host Member State of his own volition (see, to that effect, judgment in Akdas and Others , EU:C:2011:346, paragraphs 93 and 94). | 37. À cet égard, il convient de rappeler que, en vertu d’une jurisprudence constante, l’existence d’un manquement dans le cadre d’un recours fondé sur l’article 258 TFUE doit être appréciée au regard de la législation de l’Union en vigueur au terme du délai que la Commission a imparti à l’État membre en cause pour se conformer à son avis motivé (arrêt du 24 mai 2011, Commission/Portugal, C‑52/08, Rec. p. I‑4275, point 41 et jurisprudence citée). | 0 |
867,477 | 125. It is clear from the foregoing considerations that the expression "financial interests of the Community" in Article 280 EC is not restricted exclusively to the budget of the European Community in the strict sense but also covers the resources and expenditure of the EIB (see, by analogy, in relation to the applicability to the EIB of Article 179 of the EC Treaty (now Article 236 EC), Mills v EIB , cited above, paragraph 14). | 29
In the third place, the Court has held that the Member States’ margin of discretion in choosing the most suitable territories for classification as SPAs concerns not the appropriateness of classifying as SPAs the territories which appear most suitable according to ornithological criteria, but only the application of those criteria for identifying the most suitable territories for conservation of the species listed in Annex I to the Birds Directive (judgment in Commission v Austria, C‑209/04, EU:C:2006:195, paragraph 33 and the case-law cited). | 0 |
867,478 | 45. Next, as regards the existence of restrictions on the freedom of establishment and on the freedom to provide services referred to in Articles 43 EC and 49 EC respectively, it is settled case-law that measures which prohibit, impede or render less attractive the exercise of such freedoms constitute such restrictions (see, to that effect, Case C‑439/99 Commission v Italy [2002] ECR I‑305, paragraph 22; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I-2941, paragraph 31; and Case C‑330/07 Jobra [2008] ECR I‑9099, paragraph 19). | 69. Lastly, it remains necessary to determine whether or not such a law goes beyond what is necessary to achieve that aim. | 0 |
867,479 | 46. That is true, in particular, of a measure under which a distinction is drawn on the basis of residence or ordinary residence, inasmuch as that requirement is liable to operate mainly to the detriment of nationals of other Member States, since persons who are not resident or ordinarily resident on the national territory are in the majority of cases foreigners (see, inter alia, Case C‑224/97 Ciola [1999] ECR I‑2517, paragraph 14; Case C‑388/01 Commission v Italy [2003] ECR I‑721, paragraph 14, and Gottwald , paragraph 28). | 26 IN PRINCIPLE , THEREFORE , A MEASURE SUCH AS MATERNITY LEAVE GRANTED TO A WOMAN ON EXPIRY OF THE STATUTORY PROTECTIVE PERIOD FALLS WITHIN THE SCOPE OF ARTICLE 2 ( 3 ) OF DIRECTIVE 76/207 , INASMUCH AS IT SEEKS TO PROTECT A WOMAN IN CONNECTION WITH THE EFFECTS OF PREGNANCY AND MOTHERHOOD . THAT BEING SO , SUCH LEAVE MAY LEGITIMATELY BE RESERVED TO THE MOTHER TO THE EXCLUSION OF ANY OTHER PERSON , IN VIEW OF THE FACT THAT IT IS ONLY THE MOTHER WHO MAY FIND HERSELF SUBJECT TO UNDESIRABLE PRESSURES TO RETURN TO WORK PREMATURELY .
| 0 |
867,480 | 48. Thus, in order to meet the objective of developing effective competition, Directive 93/37 seeks to organise the award of contracts in such a way that the contracting authority is able to compare the different tenders and to accept the most advantageous on the basis of objective criteria ( Fracasso and Leitschutz , paragraph 31 and Sintesi , paragraph 37). | 16 WITHOUT THE NECESSITY OF REEXAMINING THE QUESTION WHETHER BY THE WORDS " AUTHORITIES OF THE MEMBER STATES " ARTICLE 9 ALSO REFERS TO THE NATIONAL COURTS ACTING PURSUANT TO ARTICLE 85 ( 2 ) OF THE TREATY, IT IS SUFFICIENT IN THIS CASE TO ESTABLISH THAT ARTICLE 9, WHEN REFERRING TO THE INITIATION OF A PROCEDURE UNDER ARTICLES 2, 3 OR 6, OBVIOUSLY CONCERNS AN AUTHORITATIVE ACT OF THE COMMISSION, EVIDENCING ITS INTENTION OF TAKING A DECISION UNDER THE SAID ARTICLES . | 0 |
867,481 | 8 It should be noted at the outset that the Court may consider of its own motion whether the conditions laid down in Article 226 EC for an action for failure to fulfil obligations to be brought are satisfied (Case C-362/90 Commission v Italy [1992] ECR I-2353, paragraph 8). | 29. It is apparent that the Community legislature clearly meant to secure the principle of freedom to set rates in the non-life insurance sector, including the area of compulsory insurance such as insurance covering third-party liability arising from the use of motor vehicles. That principle implies the prohibition of any system of prior or systematic notification or approval of the rates which an undertaking intends to use in its dealings with policy-holders. The only derogation from that principle allowed by Directive 92/49 concerns prior notification and approval of "increases in premium rates" in the framework of a "general price-control system" . | 0 |
867,482 | 25. With regard to the question whether the mobility component of DLA is a special benefit, the Court has stated that DLA can be considered to include a ‘social assistance’ component and that the mobility component of DLA is in the nature of a special non-contributory benefit and ‘could’ lawfully be included in the list in Annex IIa to Regulation No 1408/71, as amended, as a non-exportable benefit (see Case C‑299/05 Commission v Parliament and Council , paragraphs 67 and 74). It is in this context that the Court, which annulled the reference to DLA in the list in that annex, decided provisionally to maintain the effects of inclusion of DLA in that list as regards solely the mobility part thereof so that, within a reasonable period, appropriate measures could be taken to include it in that annex (see, to that effect, Case C‑299/05 Commission v Parliament and Council , paragraph 75). It follows, in the view of the Court, that the mobility component of DLA may be a special benefit within the meaning of Article 4(2a) of Regulation No 1408/71, as amended. | 19. In that connection, according to settled case-law, the rule of special jurisdiction laid down in Article 5(3) of that regulation is based on the existence of a particularly close linking factor between the dispute and the courts of the place where the harmful event occurred or may occur, which justifies the attribution of jurisdiction to those courts for reasons relating to the sound administration of justice and the efficacious conduct of proceedings (judgment in Coty Germany , EU:C:2014:1318, paragraph 47). | 0 |
867,483 | 39. In addition, as the Court has repeatedly held in situations of discrimination contrary to Community law, for as long as measures reinstating equal treatment have not been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category. In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category (Case C‑408/92 Avdel Systems [1994] ECR I‑4435, paragraphs 16 and 17; Case C‑442/00 Rodríguez Caballero [2002] ECR I‑11915, paragraphs 42 and 43, and Case C‑81/05 Cordero Alonso [2006] ECR I‑7569, paragraphs 45 and 46). | 44. It may, however, become apparent that, sometimes, certain contractual terms do not wholly reflect the economic and commercial reality of the transactions. | 0 |
867,484 | 48. It follows that, in applying national law, the national court called on to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in question, in order to achieve the result pursued by the directive and thereby comply with the third paragraph of Article 288 TFEU (see, to that effect, von Colson and Kamann , paragraph 26; Marleasing , paragraph 8; Faccini Dori , paragraph 26; and Pfeiffer and Others , paragraph 113). The requirement for national law to be interpreted in conformity with European Union law is inherent in the system of the Treaty, since it permits the national court, within the limits of its jurisdiction, to ensure the full effectiveness of European Union law when it determines the dispute before it (see, to that effect, Pfeiffer and Others , paragraph 114). | 19. En dernier lieu, il est de jurisprudence constante que, lorsqu’une directive prévoit expressément que les dispositions de transposition de cette directive contiennent une référence à celle-ci ou sont accompagnées d’une telle référence lors de leur publication officielle, il est en tout état de cause nécessaire d’adopter un acte positif de transposition (arrêts du 27 novembre 1997, Commission/Allemagne, C‑137/96, Rec. p. I‑6749, point 8, ainsi que du 18 décembre 1997, Commission/Espagne, C‑360/95, Rec. p. I‑7337, point 13, et Commission/Espagne, C‑361/95, Rec. p. I‑7351, point 15). | 0 |
867,485 | 31. As it is, Article 13B(d)(6) of the Sixth Directive confers upon the Member States the task of defining the meaning of ‘special investment funds’ (see judgments in Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraph 16, and ATP PensionService , C‑464/12, EU:C:2014:139, paragraph 40). | 61. Dans ces conditions, un État membre qui s’abstient de constater le droit des Communautés sur les ressources propres et de mettre le montant correspondant à la disposition de la Commission, sans que l’une des conditions prévues à l’article 17, paragraphe 2, des règlements n os 1552/89 et 1150/2000 soit remplie, manque à ses obligations en vertu du droit communautaire (voir arrêts du 18 octobre 2007, Commission/Danemark, C‑19/05, Rec. p. I‑8597, point 32, et du 8 juillet 2010, Commission/Italie, C‑334/08, précité, point 51). | 0 |
867,486 | 66. By virtue of the general duty stated in the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC), Member States are bound to observe all the provisions of the Sixth Directive (see Case C-97/90 Lennartz [1991] ECR I-3795, paragraph 33). In so far as an exception from the system of deductions has not been established in accordance with Article 17(7) of the Sixth Directive, the national tax authorities may not rely as against a taxable person on a provision derogating from the principle of the right to deduct VAT set out in Article 17(1) of that directive (see Metropol and Stadler , paragraph 64). | 39. À cet égard, la Cour a précisé que, si le prix effectivement payé ou à payer pour les marchandises forme, en règle générale, la base de calcul de la valeur en douane (voir, en ce sens, arrêt Sommer, précité, point 22), ce prix est une donnée qui doit éventuellement faire l’objet d’ajustements lorsque cette opération est nécessaire pour éviter de déterminer une valeur en douane arbitraire ou fictive (arrêt du 19 mars 2009, Mitsui & Co. Deutschland, C‑256/07, Rec. p. I‑1951, point 24). | 0 |
867,487 | 73. It is also apparent from the case-law that a party which tacitly approves of an unlawful initiative, without publicly distancing itself from the content of that initiative or reporting it to the administrative authorities, effectively encourages the continuation of the infringement and compromises its discovery. That complicity constitutes a passive mode of participation in the infringement which is capable of rendering the undertaking concerned liable ( Aalborg Portland and Others v Commission , paragraph 84). | 52. Contrary to ProRail’s assertions, neither is that interpretation called into question by the finding of the Court in paragraph 23 of Case C-104/03 St. Paul Dairy [2005] ECR I-3481, that an application to hear a witness in circumstances such as those which gave rise to that case could be used as a means of sidestepping the rules in Regulation No 1206/2001 governing, on the basis of the same guarantees and with the same effects for all individuals, the transmission and handling of applications made by a court of a Member State and seeking to have an inquiry carried out in another Member State. | 0 |
867,488 | 36. In order to determine whether the contracting authority exercises a control similar to that which it exercises over its own departments, it is necessary to take account of all the legislative provisions and relevant circumstances. It must follow from that examination that the successful tenderer is subject to a control enabling the contracting authority to influence that company’s decisions. It must be a case of a power of decisive influence over both strategic objectives and significant decisions of that company (see Case C-458/03 Parking Brixen [2005] ECR I‑0000, paragraph 65). | 67 Moreover, as the Advocate General has stressed in points 28 to 31 of his Opinion, controls undertaken outside the region of production in accordance with the Community rules provide fewer guarantees as to the quality and authenticity of the wine than those carried out in the region in compliance with the monitoring procedure referred to in paragraph 5 of this judgment. | 0 |
867,489 | 21. Where such an environmental assessment is required by Directive 2001/42, the directive lays down minimum rules concerning the preparation of the environmental report, the carrying out of the consultation process, the taking into account of the results of the environmental assessment and the communication of information on the decision adopted at the end of the assessment ( Terre wallonne and Inter-Environnement Wallonie , paragraph 33). | 15 MOREOVER, IF CERTAIN MEMBER STATES TREAT UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF TELEVISION, EVEN AS REGARDS THEIR COMMERCIAL ACTIVITIES, IN PARTICULAR ADVERTISING, AS UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST, THE SAME PROHIBITIONS APPLY, AS REGARDS THEIR BEHAVIOUR WITHIN THE MARKET, BY REASON OF ARTICLE 90 ( 2 ), SO LONG AS IT IS NOT SHOWN THAT THE SAID PROHIBITIONS ARE INCOMPATIBLE WITH THE PERFORMANCE OF THEIR TASKS . | 0 |
867,490 | 49. It must be pointed out in that regard that, in the absence of any unifying or harmonising Community measures, Member States retain the power to define, by treaty or unilaterally, the criteria for allocating their powers of taxation, particularly with a view to eliminating double taxation (Case C-336/96 Gilly [1998] ECR I-2793, paragraphs 24 and 30; Case C-470/04 N [2006] ECR I-0000, paragraph 44; and Case C‑513/04 Kerckhaert and Morres [2006] ECR I-0000, paragraphs 22 and 23). In that context, it is for the Member States to take the measures necessary to prevent double taxation by applying, in particular, the apportionment criteria followed in international tax practice, including the model conventions drawn up by the OECD (see, to that effect, Gilly , paragraph 31; N , paragraph 45; and Kerckhaert and Morres , paragraph 23). | 37. In the case of a financial leasing contract, there is not necessarily any acquisition of the goods since such a contract may provide that the lessee has the option of not acquiring those goods at the end of the lease period. | 0 |
867,491 | 96
Therefore, even after that period has expired, a person cannot rely on such rulings and recommendations of the DSB in order to secure a review of the legality or validity of the EU institutions’ action, at any rate outside situations where, following those rulings and recommendations, the European Union has intended to assume a particular obligation (see, to this effect, judgments in Van Parys, C‑377/02, EU:C:2005:121, paragraphs 40 and 41; Ikea Wholesale, C‑351/04, EU:C:2007:547, paragraphs 30 to 35; and X and X BV, C‑319/10 and C‑320/10, EU:C:2011:720, paragraph 37). | 43. It must be pointed out, first of all, that a Member State which wishes to prevent or mitigate the imposition of a series of charges to tax on distributed profits may choose between a number of systems. In the case of shareholders receiving those dividends, those systems do not necessarily have the same result. Thus, under an exemption system, a shareholder who receives a dividend is not, in principle, liable to tax on the dividends received, irrespective of the rate of tax to which the underlying profits are subject to tax in the hands of the company making the distribution and the amount of that tax which that company has in fact paid. By contrast, under an imputation system, such as the system at issue in the main proceedings, a shareholder may offset tax due on the dividends paid only to the extent of the amount of tax which the company making the distribution has actually had to pay on the underlying profits, and that amount may be offset only up to the limit of the amount of tax for which the shareholder is liable. | 0 |
867,492 | 30 In those circumstances, to alter the substance of the questions referred for a preliminary ruling in the way proposed by Wiljo would be incompatible with the Court's function under Article 177 of the Treaty and with its duty to ensure that the Governments of the Member States and the parties concerned are given the opportunity to submit observations under Article 20 of the EC Statute of the Court, bearing in mind that, under that provision, only the order of the referring court is notified to the interested parties (see, in particular, the judgment in Joined Cases 141/81 to 143/81 Holdijk and Others [1982] ECR 1299, paragraph 6, and the order in Case C-191/96 Modesti [1996] ECR I-3937, paragraph 5). | 29. Il y a lieu de rappeler à cet égard que, dans le système établi par l’article 226 CE, la Commission dispose d’un pouvoir discrétionnaire pour intenter un recours en manquement et qu’il n’appartient pas à la Cour d’apprécier l’opportunité de son exercice (arrêts du 6 juillet 2000, Commission/Belgique, C‑236/99, Rec. p. I‑5657, point 28, et du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 35). | 0 |
867,493 | 22. Having declared that the scheme applicable to officials and other staff of the Commission, being a scheme applicable to the staff of an institution established under public international law, is covered by Article 10a of Royal Decree No 50, and that, in view of the Court’s case-law, Ms Wojciechowski appears unable to rely on Articles 45 TFEU and 48 TFEU or on Regulation No 1408/71 or Regulation No 883/2004, the Tribunal du travail de Bruxelles (Labour Tribunal, Brussels) cites lengthy extracts from the order for reference made by the Cour du travail de Bruxelles (Lab our Court, Brussels) in the case which gave rise to the judgment in Melchior (C‑647/13, EU:C:2015:54). Although it considers that the grounds for that decision cannot be directly transposed to the dispute before it, since different Belgian legislation is involved, and that neither is it possible to transpose the solution reached by the Court of Justice in the judgment in My (C‑293/03, EU:C:2004:821) to that dispute, the Tribunal du travail de Bruxelles none the less considers that Article 10a of Royal Decree No 50 could impede recruitment by the EU of officials of Belgian nationality and with a certain length of service. | 25 Consequently, the fact that cable distribution was not very widespread at the time when Directive 89/552 was adopted cannot be relied on in support of an argument that this activity is excluded from the scope of that directive.
The scope of the 1987 decree | 0 |
867,494 | 46. The same applies where the possibility that addressees will not give effect to the measure concerned is purely theoretical and their intention to act in conformity with it is not in doubt (Case C‑386/96 P Dreyfus v Commission [1998] ECR I‑2309, paragraph 44; see also, to that effect, Case 11/82 Piraiki‑Patraiki and Others v Commission [1985] ECR 207, paragraphs 8 to 10). | 28. Moreover, after finding that the analyses carried out after importation were necessary in order for the goods to be delivered in accordance with the provisions of the contract, the Court held that the costs of those analyses, which the importer invoices to the buyer in addition to the price of the goods, must be regarded as an integral part of the ‘transaction value’ of the latter (see Case C-15/99 Sommer [2000] ECR I-8989, paragraphs 24 and 27). | 0 |
867,495 | 57. In order to answer that question, the Court would point out that it is clear from its case-law that the abolition, as between Member States, of obstacles to freedom of movement for persons and freedom to provide services would be compromised if the abolition of State barriers could be neutralised by obstacles resulting from the exercise, by associations or organisations not governed by public law, of their legal autonomy ( Walrave and Koch , paragraph 18; Bosman , paragraph 83; Deliège , paragraph 47; Angonese , paragraph 32; and Wouters and Others , paragraph 120). | 46. Accordingly, Article 5(2) of the Access Directive provides that the obligations and conditions imposed under Article 5(1) must be objective, transparent, proportionate and non-discriminatory, and must be implemented in accordance with the procedures referred to in Articles 6, 7 and 7a of the Framework Directive. | 0 |
867,496 | 89. It is clear that conduct which directly affects the prices of products manufactured in the Community – in the present case, the payment of royalties – may be capable of casting doubt, first, on the causal link between the subsidised imports and the injury (see, to that effect, AGST Draht- und Biegetechnik , paragraphs 45 to 54) and, second, on the assessment of the injury suffered by the Community industry by reason of the undercutting prices of those imports. | 26. Similarly, if a prudent and alert economic operator can foresee the adoption of a European Union measure likely to affect his interests, he cannot plead the principle of protection of legitimate expectations if the measure is adopted (see, to that effect, Van den Bergh en Jurgens and Van Dijk Food Products (Lopik) v EEC , paragraph 44, and AJD Tuna , paragraph 73). | 0 |
867,497 | 29. It must first be observed that in Chapter III of Directive 2008/115, headed ‘Procedural safeguards’, that directive lays down the formal requirements which apply to return decisions, which must, inter alia, be issued in writing and must give reasons, and obliges the Member States to put in place effective remedies against those decisions. However, that directive does not specify whether, and under what conditions, observance of the right of third-country nationals to be heard must be ensured before the adoption of a return decision concerning them (see, to that effect, the judgment in Mukarubega , C‑166/13, EU:C:2014:2336, paragraphs 40 and 41). | 91 The Court' s review must be limited in that way in particular if, in establishing a common organization of the market, the Council has to reconcile divergent interests and thus select options within the context of the policy choices which are its own responsibility. | 0 |
867,498 | 20. The concept of ‘intervention through State resources’ is intended to cover, in addition to advantages granted directly by the State, those granted through a public or private body appointed or established by that State to administer the aid (see, to that effect, inter alia, Case 78/76 Steinike & Weinlig [1977] ECR 595, paragraph 21; Sloman Neptun , paragraph 19; and Doux Élevage and Coopérative agricole UKL-ARREE , paragraph 26). | 55. Account should be taken not only of the wording of the provisions in question but also of their scheme, context, purpose and effectiveness. | 0 |
867,499 | 25
Thus, where the anticompetitive object of the agreement is established, it is not necessary to examine its effects on competition (see, to that effect, judgments in T-Mobile Netherlands and Others, C‑8/08, EU:C:2009:343, paragraphs 28 and 30, and GlaxoSmithKline Services and Others v Commission and Others, C‑501/06 P, C‑513/06 P, C‑515/06 P and C‑519/06 P, EU:C:2009:610, paragraph 55). | 27 Secondly, it is important to note that unlike, for example, Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29), the Directive contains no provision expressly authorising the Member States to adopt or to maintain more stringent provisions in matters in respect of which it makes provision, in order to secure a higher level of consumer protection. | 0 |
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