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867,600 | 27. It should first be pointed out that, according to settled case-law, the objective of the European Union legislation on customs valuation is to introduce a fair, uniform and neutral system excluding the use of arbitrary or fictitious customs values (see Case C-256/07 Mitsui & Co. Deutschland [2009] ECR I‑1951, paragraph 20 and the case-law cited). | Selon une jurisprudence constante de la Cour, l’existence d’un manquement doit être appréciée en fonction de la situation
de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir, notamment, arrêt Commission/Belgique,
C‑421/12, EU:C:2014:2064, point 45 et jurisprudence citée). | 0 |
867,601 | 40. It should be recalled that, according to settled case-law, the procedure provided for in Article 234 EC is an instrument of cooperation between the Court of Justice and national courts by means of which the former provides the latter with interpretation of such Community law as is necessary for them to give judgment in cases upon which they are called to adjudicate (see, inter alia, Case C‑231/89 Gmurzynska-Bscher [1990] ECR I‑4003, paragraph 18; Case C‑314/96 Djabali [1998] ECR I‑1149, paragraph 17; and Case C‑318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I‑905, paragraph 41). | 20 Having regard to the foregoing considerations, it is necessary to establish whether a public employment agency such as the Bundesanstalt may be regarded as an undertaking within the meaning of Articles 85 and 86 of the Treaty. | 0 |
867,602 | 92. Dans l’exercice de son pouvoir d’appréciation en la matière, il incombe à la Cour de fixer l’astreinte de sorte que celle-ci soit, d’une part, adaptée aux circonstances et, d’autre part, proportionnée au manquement constaté ainsi qu’à la capacité de paiement de l’État membre concerné (arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 114 et jurisprudence citée). | 30. It is only by way of derogation from that general rule that certain activities of an economic nature are not to be subjected to VAT. Such derogation is laid down by the first subparagraph of Article 4(5) of the Sixth Directive, under which activities engaged in by a body governed by public law acting as a public authority are not to be subject to VAT. | 0 |
867,603 | 30. A preliminary point to note is that the Court has no jurisdiction, in proceedings brought on the basis of Article 234 EC, to rule on the compatibility of rules of national law with Community law. On the other hand, the Court does have jurisdiction to provide the national court with all the guidance as to the interpretation of Community law necessary to enable that court to rule on the compatibility of those rules of national law with Community law (see, inter alia, Case C-506/04 Wilson [2006] ECR I‑8613, paragraphs 34 and 35 and Joined Cases C‑338/04, C-359/04 and C-360/04 Placanica and Others [2007] ECR I‑1891, paragraph 36). | 36. Admittedly, as regards the division of responsibilities under the cooperative arrangements established by Article 234 EC, the interpretation of provisions of national law is a matter for the national courts, not for the Court of Justice, and the Court has no jurisdiction, in proceedings brought on the basis of that article, to rule on the compatibility of national rules with Community law. On the other hand, the Court does have jurisdiction to provide the national court with all the guidance as to the interpretation of Community law necessary to enable that court to rule on the compatibility of those national rules with Community law (see, in particular, Case C‑55/94 Gebhard [1995] ECR I‑4165, paragraph 19, and Wilson , paragraphs 34 and 35). | 1 |
867,604 | 56. According to established case‑law, a measure which is liable to hinder the freedom of establishment enshrined in Article 43 EC is permissible only if it pursues a legitimate objective compatible with the Treaty and is justified by overriding reasons in the public interest. It is also necessary, in such a case, that its application be appropriate to ensuring the attainment of the objective thus pursued and not go beyond what is necessary to attain it (see, inter alia, Case C‑250/95 Futura Participations and Singer [1997] ECR I‑2471, paragraph 26; Case C‑9/02 de Lasteyrie du Saillant [2004] ECR I‑2409, paragraph 49; Marks & Spencer , paragraph 35; and Lammers & Van Cleeff , paragraph 25). | 67. In order for it to be possible to establish that a contracting authority has specified its requirements within the meaning of that provision, the authority must have taken measures to define the type of the work or, at the very least, have had a decisive influence on its design. | 0 |
867,605 | 45. As regards the principle of the protection of legitimate expectations, it must be recalled that, in the field of the common agricultural policy, economic operators are not justified in having a legitimate expectation that an existing situation which is capable of being altered by the competent authorities in the exercise of their discretionary power will be maintained ( JK Otsa Talu , paragraph 51). It follows from this that the making of investments in production capacity or the purchase of land does not entitle the producer concerned to entertain any legitimate expectation based on the making of those investments in order to claim a reference amount allocated precisely on account of those investments (see, to that effect, Spronk , paragraph 29). | 53 The Court of First Instance therefore erred in law in declaring Decision 89/190 non-existent. | 0 |
867,606 | 50
As the Court has previously held, examination of the restriction represented by national legislation from the point of view of Articles 49 and 56 TFEU also covers possible limitations of the exercise of the rights and freedoms laid down in Articles 15 to 17 of the Charter of Fundamental Rights, so that a separate examination of the freedom to conduct a business is not necessary (see, to that effect, judgments of 30 April 2014, Pfleger and Others, C‑390/12, EU:C:2014:281, paragraph 60, and of 11 June 2015, Berlington Hungary and Others, C‑98/14, EU:C:2015:386, paragraph 91). | 48. That recital adds that traditional cooperation relations between Member States should be replaced by a system of free movement of judicial decisions in criminal matters, covering both pre-sentence and final decisions. | 0 |
867,607 | 43. Accordingly, it must be pointed out that the Court has consistently held (see, in particular, Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 17, and Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraph 38) that there is an inseparable link between the obligation to establish the Communities' own resources, the obligation to credit them to the Commission's account within the prescribed time-limit and the obligation to pay default interest. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,608 | 26. According to settled case-law, whene ver the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may be relied on before the national courts by individuals against the State where the latter has failed to implement the directive in domestic law by the end of the period prescribed or where it has failed to implement the directive correctly (see Case 152/84 Marshall [1986] ECR 723, paragraph 46, and Joined Cases C-397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I-8835, paragraph 103). | 31
The right to be heard guarantees the applicant for subsidiary protection the opportunity to put forward effectively, in the course of the administrative procedure, his views regarding his application for subsidiary protection and grounds that may give the competent authority reason to refrain from adopting an unfavourable decision (see, by analogy, judgments of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 54, and of 17 March 2016, Bensada Benallal, C‑161/15, EU:C:2016:175, paragraph 33). | 0 |
867,609 | 19. The Commission emphasises however that, in accordance with the Court’s case-law, the linguistic requirement must be implemented in a proportionate and non-discriminatory manner. It adds that, in its judgment in Angonese (C‑281/98, EU:C:2000:296), the Court held that such was not the case where an employer required persons applying to take part in a recruitment competition to provide evidence of their linguistic knowledge exclusively by means of one particular diploma issued only in one particular province of a Member State. | 43
As the Advocate General noted in point 42 of her Opinion, such a shareholding does not necessarily imply that the company holding those shares exercises a definite influence over the decisions of the company distributing the dividends (see, to that effect, judgment of 13 April 2000, Baars, C‑251/98, EU:C:2000:205, paragraph 20). | 0 |
867,610 | 76. As regards judicial review of the implementation of that principle, bearing in mind the wide discretion enjoyed by European Union legislature where the common agricultural policy is concerned, the lawfulness of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate in terms of the objective which the competent institution is seeking to pursue ( Agrana Zucker , paragraph 32). | 42. Moreover, the Commission contends that the appeal is inadmissible because the pleas on appeal are ineffective. Therefore, the Commission submits that, even if those pleas had to be upheld, the fact that they were well founded could not, in any event, lead to the judgment under appeal being set aside, in so far as other grounds forming a sound basis for the operative part of that judgment are not challenged in the appeal. | 0 |
867,611 | 27 It is therefore for the Commission to determine whether it is expedient to take action against a Member State and what provisions, in its view, the Member State has infringed, and to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action (see Case C-317/92 Commission v Germany [1994] ECR I-2039, paragraph 4). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,612 | 29. It also follows from the Court’s case-law that exemption of the intra-Community supply of goods for the purposes of the first subparagraph of Article 28c(A)(a) of the Sixth Directive becomes applicable only if the right to dispose of the goods as owner has been transferred to the person acquiring the goods, if the supplier establishes that those goods have been dispatched or transported to another Member State and if, as a result of that dispatch or transport, they have physically left the territory of the Member State of supply (see, to that effect, Teleos and Others , paragraph 42; Case C‑184/05 Twoh International [2007] ECR I‑7897, paragraph 23; and Case C‑84/09 X [2010] ECR I‑0000, paragraph 27). | 26. It is true that, in relation to direct taxes, the Court has accepted that the situations of residents and of non-residents are not, as a rule, comparable (Case C-279/93 Schumacker [1995] ECR I-225, paragraph 31). | 0 |
867,613 | 63
Admittedly, it is also an objective of the return procedure envisaged by the 1980 Hague Convention and Regulation No 2201/2003 that one of the parents cannot strengthen his or her position on the issue of custody with respect to the child by evading, by a wrongful act, the jurisdiction of the courts that are as a matter of principle designated, according to the rules laid down in particular by that regulation, to give a ruling on parental responsibility with respect to that child (see, to that effect, judgments of 23 December 2009, Detiček, C‑403/09 PPU, EU:C:2009:810, paragraph 49, and of 9 October 2014, C, C‑376/14 PPU, EU:C:2014:2268, paragraph 67). | 81. According to those same recitals, the production of feta commenced in 1972 in Germany, in 1931 in France and in the 1930s in Denmark. | 0 |
867,614 | 10 It was in those circumstances that the applicant brought this action, by application lodged at the Registry of the Court of First Instance on 29 April 1994. | 58. Il ressort de l’article 58 du statut de la Cour que les moyens du pourvoi doivent être fondés sur des arguments tirés de la procédure devant le Tribunal. En outre, selon l’article 170, paragraphe 1, du règlement de procédure de la Cour, le pourvoi ne peut modifier l’objet du litige devant le Tribunal. La compétence de la Cour, dans le cadre du pourvoi, est donc limitée à l’appréciation de la solution juridique qui a été donnée aux moyens débattus devant les premiers juges. Une partie ne saurait donc modifier l’objet du litige en soulevant pour la première fois devant la Cour un moyen qu’elle aurait pu soulever devant le Tribunal, mais qu’elle n’a pas soulevé, dès lors que cela reviendrait à lui permettre de saisir la Cour d’un litige plus étendu que celui dont a eu à connaître le Tribunal (voir, en ce sens, arrêts du 29 septembre 2011, Elf Aquitaine/Commission, C-521/09 P, non encore publié au Recueil, point 35, et du 3 mai 2012, Legris Industries/Commission, C-289/11 P, non encore publié au Recueil, point 33). | 0 |
867,615 | 38
With regard to projects which do not meet the requirements under Article 6(3) of the Habitats Directive, the Court has already held that an obligation to carry out a subsequent review of the implications of existing plans or projects for the site in question may be based on Article 6(2) of that directive (see, to that effect, judgment in Commission v United Kingdom, C‑6/04, EU:C:2005:626, paragraphs 57 and 58). | 38. Consequently, the services rendered by ACMC to UL must be regarded as a form of cooperation consisting in assisting UL, for payment, in the performance of activities which would normally be carried out by it, but without having a contractual relationship with the insured parties. Such activities constitute a division of UL’s activities and not the performance of services carried out by an insurance agent (see, by analogy, Case C-235/00 CSC Financial Services [2001] ECR I-10237, paragraph 40). | 0 |
867,616 | 11 Under the terms of Article 54 of Italian law No 392 of 27 July 1978 on tenancies of residential property (Official Gazette of the Italian Republic No 211 of 29 July 1978) any clause stipulating that disputes concerning the determination of rent are to be settled by arbitrators is null and void. However, even if this provision can apply to the abovementioned arbitration clause, it follows from the judgment in Case C-209/90 Commission v Feilhauer [1992] ECR I-2613, paragraph 13, that the Court's jurisdiction to determine a dispute concerning a contract falls to be determined solely with regard to Article 181 of the EEC Treaty, which is in the same terms as Article 153 of the Euratom Treaty, and the terms of the arbitration clause, and this cannot be affected by provisions of national law which purport to oust its jurisdiction. | 34. The definition of the relevant geographical market calls, just like the definition of the product or service market, for an economic assessment. The geographical market can thus be defined as the territory in which all traders operate under the same conditions of competition in so far as concerns specifically the relevant products or services. From that point of view, it is not necessary for the objective conditions of competition between traders to be perfectly homogeneous. It is sufficient if they are similar or sufficiently homogeneous (see, to that effect, United Brands and United Brands Continentaal v Commission , cited above, paragraphs 44 and 53). Furthermore, the market may be confined to a single Member State (see, to that effect, Nederlandsche Banden Industrie Michelin v Commission , cited above, paragraph 28). | 0 |
867,617 | 15. As the Court has held, in relation to direct taxes, the situations of residents and of non-residents are generally not comparable, because the income received in the territory of a State by a non-resident is in most cases only a part of his total income, which is concentrated at his place of residence, and because a non-resident’s personal ability to pay tax, determined by reference to his aggregate income and his personal and family circumstances, is easier to assess at the place where his personal and financial interests are centred, which in general is the place where he has his usual abode ( Schumacker , cited above, paragraphs 31 and 32; Case C-391/97 Gschwind [1999] ECR I-5451, paragraph 22; Case C-87/99 Zurstrassen [2000] ECR I-3337, paragraph 21, and Gerritse , cited above, paragraph 43). | 11 ALTHOUGH ARTICLE 5 OF DIRECTIVE 75/439/EEC MAY THEREFORE BE INTERPRETED AS AUTHORIZING MEMBER STATES , IF THEY SO WISH , TO GRANT AN EXCLUSIVE RIGHT TO ONE OR MORE UNDERTAKINGS TO COLLECT OR DISPOSE OF OILS IN THE ZONE WHICH IS ALLOTTED TO THEM , SUCH A RIGHT DOES NOT AUTOMATICALLY AUTHORIZE THE GOVERNMENTS OF THE MEMBER STATES TO ESTABLISH BARRIERS TO EXPORTS . INDEED , SUCH A PARTITIONING OF THE MARKETS IS NEITHER CONTEMPLATED IN THE COUNCIL DIRECTIVE NOR COMPATIBLE WITH THE OBJECTIVES SET OUT THEREIN .
| 0 |
867,618 | 48. In making that assessment, it is necessary to take into account all the protected interests involved and, in particular, the right to property (see, to that affect, Case C-112/00 Schmidberger [2003] ECR I-5659, paragraph 79) and also the welfare requirements of animals (see, to that effect, Jippes and Others , paragraph 79). | 28 Consequently, it must be held that the use of descriptions such as those set out in paragraph 12 above does not affect the prohibition of use of the designation `dietary cheese' for products in which one or other of the constituents of milk has been replaced by another substance. | 0 |
867,619 | 38. According to Article 118 of the Rules of Procedure of the Court of Justice, Article 42(2) thereof, which generally prohibits the introduction of new pleas in law in the course of the procedure, applies to the procedure before the Court of Justice on appeal from a decision of the Court of First Instance. In an appeal, the Court’s jurisdiction is thus confined to review of the assessment by the Court of First Instance of the pleas argued before it (see, in particular, Case C‑229/05 P PKK and KNK v Council [2007] ECR I‑439, paragraph 61). To allow a party to put forward for the first time before the Court of Justice a plea in law which it has not raised before the Court of First Instance would in effect allow that party to bring before the Court a wider case than that heard by the Court of First Instance (see, to that effect, Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 165). | 41 For a measure to be covered by Article 73d of the Treaty, it must comply with the principle of proportionality, in that it must be appropriate for securing the attainment of the objective it pursues and must not go beyond what is necessary to attain it. | 0 |
867,620 | 26
Secondly, as regards whether national legislation such as that at issue in the main proceedings constitutes an obstacle to the freedom of movement for workers within the EU, it must be borne in mind that Article 45 TFEU precludes any measure which, albeit applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by EU nationals of the fundamental freedoms guaranteed by the FEU Treaty (judgments of 1 April 2008, Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 45; of 10 March 2011, Casteels, C‑379/09, EU:C:2011:131, paragraph 22; and of 5 February 2015, Commission v Belgium, C‑317/14, EU:C:2015:63, paragraph 23) | 24 As far as this notion is concerned, suffice it to say, as is clear from all the observations submitted, that what is required under Decision No 128 is the maintenance of a direct link between the undertaking established in a Member State and the workers which it has posted to another Member State during the period of posting of those workers. In order to establish the existence of such a direct link, it is necessary to deduce from all the circumstances of the worker's employment that he is under the authority of that undertaking (see, in this regard, the judgments in van der Vecht, at p. 354 and Manpower, at paragraphs 18 and 19). | 0 |
867,621 | 28 As regards, first, Article 10 of Directive 69/335, subparagraph (c) of that article prohibits the charging, apart from capital duty, of taxes in respect of registration or any other formality required before the commencement of business, to which a company may be subject by reason of its legal form. That prohibition is justified by the fact that even though the taxes in question are not levied on capital contributions as such, they are nevertheless levied on account of formalities connected with the company's legal form, that is to say, on account of the instrument employed for raising capital, so that their continued existence would similarly risk frustrating the aims of the Directive (Case C-2/94 Denkavit International and Others [1996] ECR I-2827, paragraph 23, and Modelo, paragraph 24). | 120. That provision is intended thus to preclude the exclusive right of reproduction conferred on authors from preventing the publication, by means of quotation accompanied by comments or criticism, of extracts from a work already available to the public. | 0 |
867,622 | 113. Furthermore, it has been consistently held that the statement of reasons required by Article 253 EC must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure adopted and to enable the competent court to exercise its power of review. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations ( Commission v Sytraval and Brink’s France , paragraph 63 and the case-law cited). | 36
Therefore, unlike the element characterising the right to repayment of overpaid VAT, the right to deduct VAT, which is a right inherent in the VAT scheme established by the common system of VAT, is based on the existence of a tax that is due. | 0 |
867,623 | 34. Moreover, as the Court has repeatedly held, Community legislation must be certain and its application foreseeable by those subject to it (Case C-301/97 Netherlands v Council [2001] ECR I-8853, paragraph 43). That requirement of legal certainty must be observed all the more strictly in the case of rules liable to entail financial consequences, in order that those concerned may know precisely the extent of the obligations which they impose on them (see Case 326/85 Netherlands v Commission [1987] ECR 5091, paragraph 24). | 24. According to recital 23 in the preamble to Directive 2004/38, the expulsion of Union citizens and their family members on grounds of public policy or public security can seriously harm persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State. | 0 |
867,624 | 91
Further, the third sentence of Article 15(1) of Directive 2002/58 provides that ‘[a]ll the measures referred to [in Article 15(1)] shall be in accordance with the general principles of [European Union] law, including those referred to in Article 6(1) and (2) [EU]’, which include the general principles and fundamental rights now guaranteed by the Charter. Article 15(1) of Directive 2002/58 must, therefore, be interpreted in the light of the fundamental rights guaranteed by the Charter (see, by analogy, in relation to Directive 95/46, judgments of 20 May 2003, Österreichischer Rundfunk and Others, C‑465/00, C‑138/01 and C‑139/01, EU:C:2003:294, paragraph 68; of 13 May 2014, Google Spain and Google, C‑131/12, EU:C:2014:317, paragraph 68, and of 6 October 2015, Schrems, C‑362/14, EU:C:2015:650, paragraph 38). | 15 IN CONSEQUENCE , BY FAILING TO REINSTATE THE APPLICANT UNTIL MORE THAN TWO YEARS HAD ELAPSED , THE DEFENDANT IS IN BREACH OF ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS .
| 0 |
867,625 | 34 Finally, as regards periods of service prior to 17 May 1990, the date of the Barber judgment, it is sufficient here to say, as will be explained below in reply to the second question, that the Barber judgment excluded application of Article 119 to pension benefits payable in respect of those periods, so that employers and trustees are not required to ensure equal treatment as far as those benefits are concerned. | 46. According to the case-law, the control exercised over the concessionaire by a concession-granting public authority must be similar to that which the authority exercises over its own departments, but not identical in every respect (see, to that effect, Parking Brixen , paragraph 62). The control exercised over the concessionaire must be effective, but it is not essential that it be exercised individually. | 0 |
867,626 | 33. Moreover, it must be pointed out that products containing a substance which has a physiological effect cannot automatically be classified as medicinal products ‘by function’, for the purposes of Article 1(2)(b) of Directive 2001/83, unless the competent administration has made an assessment, with due diligence, of each product individually, taking account, in particular, of that product’s specific pharmacological, immunological or metabolic properties, to the extent to which they can be established in the present state of scientific knowledge ( Hecht-Pharma , paragraph 40, and Case C - 27/08 BIOS Naturprodukte [2009] ECR I - 3785, paragraph 19). | 62 Admittedly, implementation of that principle may in theory justify legislation that introduces an obligation to offer waste for disposal to an approved body, which sends the waste to treatment installations it controls, in so far as that obligation is justified by the need to ensure a level of activity indispensable to the viability of those treatment installations and, consequently, makes it possible to maintain treatment capacities which help to put into practice the principle of self-sufficiency at national level. | 0 |
867,627 | 32
In that regard, while a mere finding of disparities between national rules is not sufficient to justify having recourse to Article 114 TFEU, it is otherwise where there are differences between the laws, regulations or administrative provisions of the Member States which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market (see, to that effect, judgments in Germany v Parliament and Council, C‑376/98, EU:C:2000:544, paragraphs 84 and 95; British American Tobacco (Investments) and Imperial Tobacco, C‑491/01, EU:C:2002:741, paragraphs 59 and 60; Arnold André, C‑434/02, EU:C:2004:800, paragraph 30; Swedish Match, C‑210/03, EU:C:2004:802, paragraph 29; Germany v Parliament and Council, C‑380/03, EU:C:2006:772, paragraph 37; and Vodafone and Others, C‑58/08, EU:C:2010:321, paragraph 32). | 74
It must therefore be held that the concept of ‘trial resulting in the decision’, within the meaning of Article 4a(1) of Framework Decision 2002/584, must be understood as referring to the proceeding that led to the judicial decision which finally sentenced the person whose surrender is sought in connection with the execution of a European Arrest Warrant. | 0 |
867,628 | 1 By judgment of 18 December 1996, received at the Court on 13 January 1997, the Raad van State (Council of State), Belgium, referred to the Court under Article 177 of the EC Treaty a question concerning the interpretation of the judgment given by the Court in Case C-389/92 Ballast Nedam Group v Belgian State [1994] ECR I-1289 (hereinafter `BNG I'). | 15 Accordingly a holding company which does not itself execute works may not, because its subsidiaries which do carry out works are separate legal persons, be precluded on that ground from participation in public works contract procedures. | 1 |
867,629 | 40. The definition of ‘fixed-term workers’ for the purposes of the framework agreement, set out in clause 3(1), encompasses all workers without drawing a distinction according to whether their employer is in the public, or private, sector ( Adeneler and Others , paragraph 56). | 15. À cet égard, il suffit 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 (arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 26 octobre 2006, Commission/Autriche, C-102/06, non publié au Recueil, point 8). | 0 |
867,630 | 22. As regards the question whether national legislation falls within the scope of one or other of the freedoms of movement, it is clear from what is now well established case-law that the purpose of the legislation concerned must be taken into consideration (see, to that effect, Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑7995, paragraphs 31 to 33; Case C‑452/04 Fidium Finanz [2006] ECR I‑9521, paragraphs 34 and 44 to 49; Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑0000, paragraphs 37 and 38; Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑0000, paragraph 36; and Case C‑524/04 Test Claimants in the Thin Cap Group Litigation [2007 ] ECR I‑0000, paragraphs 26 to 34). | 20. On an inspection visit from 18 to 28 June 2001 to the communes Guilvinec, Lesconil, Saint-Guénolé and Loctudy, the Commission’s inspectors recorded poor controls, the presence of undersized fish and the offering for sale of those fish under the code ‘00’. | 0 |
867,631 | 15. It is also established case‑law that the measures prohibited by Article 63(1) TFEU, as restrictions on the movement of capital, include those which are such as to discourage non‑residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (Case C‑370/05 Festersen [2007] ECR I‑1129, paragraph 24; Case C‑101/05 A [2007] ECR I‑11531, paragraph 40; and Joined Cases C‑436/08 and C‑437/08 Haribo Lakritzen Hans Riegel and Österreichische Salinen [2011] ECR I‑305, paragraph 50). | 17. Dans le cadre d’une procédure en manquement, il incombe à la Commission, en vertu de l’article 258 TFUE, d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification par celle‑ci de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts du 25 mai 1982, Commission/Pays‑Bas, 96/81, Rec. p. 1791, point 6, et du 12 septembre 2000, Commission/Pays‑Bas, C‑408/97, Rec. p. I‑6417, point 15). | 0 |
867,632 | 48. It should be noted in that regard that Directive 98/59 does not give an express definition of the concept of ‘redundancy’. None the less, in the light of the aim pursued by the directive and the context of the first subparagraph of Article 1(1)(a) thereof, it must be regarded as a concept of EU law which cannot be defined by reference to the laws of the Member States. In the present case, that concept must be interpreted as encompassing any termination of an employment contract not sought by the worker, and therefore without his consent (judgments in Commission v Portugal , C‑55/02, EU:C:2004:605, paragraphs 49 to 51, and Agorastoudis and Others , C‑187/05 to C‑190/05, EU:C:2006:535, paragraph 28). | 24 As to the complaint that the Court of First Instance failed to consider the overall impression conveyed by a composite sign (see, as regards Article 7(1)(c) of Regulation No 40/94, Case C-383/99 P Procter & Gamble v OHIM [2001] ECR I-6251, paragraph 40), that complaint is unfounded. As stated in paragraph 23 above, the Court of First Instance directed a significant part of its reasoning to considering, in relation to a sign composed of words, the sign's distinctiveness as a whole. | 0 |
867,633 | 14 Furthermore, Directive 91/156 does not impose any specific obligations on the Member States as regards systems of controls and penalties. That does not mean, however, that national provisions which impose criminal penalties for infringements of legislation implementing the directive are incompatible with the latter. The Member States are required, within the bounds of the freedom left to them by the third paragraph of Article 189 of the EC Treaty, to choose the most appropriate forms and methods to ensure the effectiveness of directives (Case 48/75 Royer [1976] ECR 497, paragraph 75). The Court has also held that where a directive does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 5 of the Treaty requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalties remains within their discretion, they must ensure in particular that infringements of Community law are penalized under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive (C-382/92 Commission v United Kingdom [1994] ECR I-2435, paragraph 55, and C-383/92 Commission v United Kingdom [1994] ECR I-2479, paragraph 40). | 31. Under that rule, in carrying out the tariff classification of goods it is necessary to identify, from among the materials of which they are composed, the one which gives them their essential character. This may be done by determining whether the goods would retain their characteristic properties if one or other of their constituents were removed from them ( Turbon International , paragraph 21). | 0 |
867,634 | 28. It should be remembered that, according to settled case-law, the right to deduct 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 input transactions. Any limitation of the right to deduct VAT 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 by the Sixth Directive (see, in particular, Commission v France , cited above, paragraphs 15 to 17; BP Supergas , cited above, paragraph 18; and Case C-409/99 Metropol and Stadler [2002] ECR I-81, paragraph 42). | 32. Regulation No 1251/70 is thus not applicable in the present case. | 0 |
867,635 | 22. That definition of a permanent establishment as an autonomous fiscal entity is consonant with international legal practice as reflected in the model tax convention drawn up by the Organisation for Economic Cooperation and Development (OECD), in particular Articles 5 and 7 thereof. The Court has already held that, for the purposes of the allocation of fiscal competence, it is not unreasonable for the Member States to draw guidance from international practice and, particularly, the model conventions drawn up by the OECD (see Case C‑336/96 Gilly [1998] ECR I-2793, paragraph 31, and Case C-513/03 van Hilten-van der Heijden [2006] ECR I-1957, paragraph 48). | 20. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 11 octobre 2001, Commission/Autriche, C-111/00, Rec. p. I-7555, point 13, et du 26 avril 2007, Commission/Italie, C-135/05, Rec. p. I-3475, point 36). | 0 |
867,636 | 53. The Court has also held, first, that it follows from Article 2 of the Sixth Directive that every transaction must normally be regarded as distinct and independent and, secondly, that a transaction which comprises a single supply from an economic point of view should not be artificially split, so as not to distort the functioning of the VAT system. There is a single supply where two or more elements or acts supplied by the taxable person to the customer are so closely linked that they form, objectively, a single, indivisible economic supply, which it would be artificial to split ( Levob Verzekeringen and OV , paragraphs 20 and 22, and Aktiebolaget NN , paragraphs 22 and 23). | 21. Lors de l’examen desdites conditions, il convient de vérifier, en premier lieu, si la modification litigieuse satisfait à la condition mentionnée à l’article 30, paragraphe 4, premier alinéa, sous b), du règlement n o 1260/1999, qui exige que celle-ci résulte soit d’un changement dans la nature de la propriété d’une infrastructure, soit de l’arrêt ou du changement de localisation d’une activité productive. En effet, lors de la vérification de cette condition, il convient d’apprécier les éléments qui sont à l’origine de la modification litigieuse et constituent ainsi les causes de cette modification. | 0 |
867,637 | 24. In that regard, first, it must be recalled that the second subparagraph of Article 4(5) of the Sixth Directive is intended to ensure compliance with the principle of neutrality of the tax, which precludes, in particular, treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (Case C-498/03 Kingscrest Associates and Montecello [2005] ECR I‑4427, paragraph 41) and that that provision envisages the situation in which bodies governed by public law engage, as entities subject to public law, namely under the special regime applicable to them, in activities or transactions which may also be engaged in, in competition with them, by private individuals under a regime governed by private law or on the basis of administrative concessions (see, to that effect, Joined Cases 231/87 and 129/88 Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 22). | 50. The 18th, 19th and 22nd recitals of the SME Recommendation, as well as point 3.2 of the SME Guidelines, make it clear that the purpose of the independence criterion is to ensure that the measures intended for SMEs genuinely benefit the enterprises for which size represents a handicap and not enterprises belonging to a large group which have access to funds and assistance not available to competitors of equal size. It also follows that, in order to ensure that only genuinely independent SMEs are included, there has to be a way of eliminating legal arrangements in which SMEs form an economic group much stronger than such an SME. It must also be ensured that the definition is not circumvented on formal grounds. | 0 |
867,638 | 91. Accordingly, after finding that the agreement had as its object the sharing of domestic markets in the Community, the Court of First Instance correctly concluded at paragraph 157 of the judgment under appeal that the agreement had the potential effect of affecting trade between Member States. The Court of Justice has already held, moreover, that the sharing of domestic markets in the Community is capable of significantly affecting the pattern of trade between Member States (see Ambulanz Glöckner , paragraphs 48 and 49). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,639 | 25 That prohibition covers not only charges paid for the registration of new companies, but also duties payable by companies for the registration of increases in capital since these, too, are levied on account of an essential formality connected with the legal form of the companies in question. While registration of an increase in capital is not, strictly speaking, a formality required before the commencement of business by a company, it is none the less necessary for the carrying on of that business (Fantask and Others, paragraph 22). | 85. In that regard, it should be noted that, when the national legislature revokes licences that allow their holders to exercise an economic activity, it must provide, for the benefit of those holders, a transitional period of sufficient length to enable them to adapt or reasonable compensation system (see, to that effect, European Court of Human Rights, Vékony v . Hungary , no. 65681/13, §ì34 and 35, 13 January 2015). | 0 |
867,640 | 36. Even if, according to their wording, the rules on freedom of movement for workers are intended, in particular, to secure the benefit of national treatment in the host State, they also preclude the State of origin from obstructing the freedom of one of its nationals to accept and pursue employment in another Member State (see, to that effect, Terhoeve , paragraphs 27 to 29, and de Groot , paragraph 79). | 26. As observed by the United Kingdom Government and the European Commission, that interpretation is in keeping with the case-law in which it has been held that, when possible, the informed user will make a direct comparison between the designs at issue (see judgment in PepsiCo v Grupo Promer Mon Graphic , C‑281/10 P, EU:C:2011:679, paragraph 55, and Neuman and Others v José Manuel Baena Grupo , C‑101/11 P and C‑102/11 P, EU:C:2012:641, paragraph 54), because that type of comparison actually relates to the impression produced on that user by earlier individualised and defined designs, as opposed to an amalgam of specific features or parts of earlier designs. | 0 |
867,641 | 54
Next, it should be recalled that, according to settled case-law, under the principle of sincere cooperation laid down in Article 4(3) TEU, it is for the courts of the Member States to ensure judicial protection of a person’s rights under EU law. In addition, Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective legal protection, within the meaning in particular of Article 47 of the Charter, in the fields covered by EU law (see, to that effect, judgment of 8 November 2016, Lesoochranárske zoskupenie VLK, C‑243/15, EU:C:2016:838, paragraph 50 and the case-law cited). | 21 IN THE LIGTH OF ALL THOSE FACTORS , THE CONCLUSION MUST THEREFORE BE DRAWN THAT IT DOES NOT APPEAR THAT THE COMMISSION , IN ASSESSING THE STATE OF THE MARKET , COMMITTED ANY SERIOUS AND MANIFEST ERROR SUCH AS MIGHT INVALIDATE REGULATION NO 3429/80 . | 0 |
867,642 | 40. It has already been held, with respect to the posting of workers who are nationals of non-Member States by a service provider established in the Community, that national provisions which make the provision of services within national territory by an undertaking established in another Member State subject to the issue of an administrative authorisation constitute a restriction on the freedom to provide services within the meaning of Article 49 EC (see Vander Elst , paragraph 15, and Commission v Luxembourg , paragraph 24). | 70. By contrast, and contrary to the submission of the Commission, the determination of the type and level of the criminal penalties to be applied does not fall within the Community’s sphere of competence. | 0 |
867,643 | 69 Furthermore, every court of a Member State must apply Community law in its entirety and protect the rights which Community law confers directly on individuals, setting aside any provision of national law which may conflict with it (see Eyüp, paragraph 42, and, by analogy, Case 106/77 Simmenthal [1978] ECR 629, paragraph 21). | 62. That general presumption does not exclude the right of those interested parties to demonstrate that a given document disclosure of which has been requested is not covered by that presumption, or that there is a higher public interest justifying the disclosure of the document concerned by virtue of Article 4(2) of Regulation No 1049/2001. | 0 |
867,644 | 80. Secondly, it must be observed that the Court has consistently held that a Member State breaches the prohibitions laid down by Article 86(1) EC in conjunction with Article 82 EC if it adopts any law, regulation or administrative provision that creates a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights cannot avoid abusing its dominant position (see to that effect, in particular, Case C-18/88 GB-Inno-BM [1991] ECR I-5941, paragraph 20; Case C-242/95 GT-Link [1997] ECR I-4449, paragraphs 33 and 34; and Case C-203/96 Dusseldorp and Others [1998] ECR I-4075, paragraph 61). | 42. Ainsi que cela ressort du considérant 4 du règlement nº 469/2009, l’octroi de cette période d’exclusivité supplémentaire a vocation à encourager la recherche et, pour ce faire, vise à permettre un amortissement des investissements effectués dans cette recherche. | 0 |
867,645 | 25 As the Advocate General pointed out in paragraph 24 of his Opinion, the Court's reasoning in the Levatino judgment was based on the special nature of the guaranteed income for elderly persons and is therefore not applicable by analogy to the benefit at issue in the main proceedings. | 54. As regards, in the second place, the question of whether the rights of the defence of the interested parties in the main proceedings were observed, when they could submit their observations only in the objection procedure, it must be noted that the general interest of the European Union, in particular the interest in recovering its own revenue as soon as possible, means that inspections must be capable of being carried out promptly and effectively ( Sopropé , EU:C:2008:746, paragraph 41). | 0 |
867,646 | 89 In that regard, it must be observed that access to the file in competition cases is intended in particular to enable the addressees of a statement of objections to acquaint themselves with the evidence in the Commission's file so that they can express their views effectively on the basis of that evidence on the conclusions reached by the Commission in its statement of objections (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 7; Case 85/76 Hoffmann-La Roche v Commission [1979] ECR 461, paragraphs 9 and 11; and Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 21). | 93. In that respect, it is also the national court’s responsibility to take into account the fact that Mr T. was ordered to pay a fine and not sentenced to a term of imprisonment and to ascertain whether, in view of that fact and, if appropriate, of the nature of the acts he committed, there were ‘compelling reasons of national security or public order’, within the meaning of Article 24(1) of Directive 2004/83, justifying the revocation of Mr T.’s residence permit. | 0 |
867,647 | 21 In that regard, it should be recalled, first, that it is settled case-law that the time-limits laid down in Article 7 of Annex IX to the Staff Regulations are not mandatory but constitute rules of sound administration with the result that a failure to observe those time-limits may render the institution liable for any damage caused to those concerned, but cannot of itself affect the validity of a disciplinary sanction imposed after their expiry (see Van Eick v Commission, cited above, paragraphs 3 to 7, F. v Commission, cited above, paragraph 30, and M. v Council, cited above, paragraph 16). | 7 ALTHOUGH FAILURE TO OBSERVE THE TIME-LIMIT DOES NOT ENTAIL THE NULLITY OF THE MEASURES TAKEN AFTER IT HAS BEEN EXCEEDED, SUCH FAILURE MAY AS REGARDS THE INSTITUTION AMOUNT TO AN OMISSION CAPABLE OF RENDERING IT LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED . | 1 |
867,648 | 84 In the explanatory memorandum to the proposal for a decision, the Commission simply stated that the basic regulation requires that all factors be taken into account, including those expressly listed in Article 3(1), before going on to say that those criteria `are to be considered together' and that it should be noted in that connection that in paragraph 37 of its judgment in Exportur v LOR SA and Confiserie du Tech SA, cited above, `the Court took as a criterion the status of the name in the Member State of origin with a view to establishing whether it had become generic'. However, the Commission did not give any indication whether and to what extent the names which it finally proposed treating as generic fulfilled those criteria or of the reasons for which it considered that the name `Feta' to which it devoted a separate chapter in its explanatory memorandum to the proposal for a decision did not fulfil them. | 82. Moreover, the reasonableness of the period taken up by proceedings is to be appraised in the light of the circumstances specific to each case, such as its complexity and the conduct of the parties (see, to that effect, Joined Cases C‑403/04 P and C‑405/04 P Sumitomo Metal Industries and Nippon Steel v Commission [2007] ECR I‑729, paragraph 116 and the case-law cited). | 0 |
867,649 | 38. In that regard, it must be recalled that, as is clear from the wording of Articles 2(1) and 3(1) of Directive 98/59, the obligations of consultation and notification imposed on the employer come into being prior to the employer’s decision to terminate employment contracts (see, to that effect, Case C‑188/03 Junk [2005] ECR I‑885, paragraphs 36 and 37). In such a case, there is still a possibility of avoiding or at least reducing collective redundancies, or of mitigating the consequences. | 63 Subject to that reservation, Community law does not require Member States to make any change in the distribution of powers and responsibilities between the public bodies which exist on their territory. So long as the procedural arrangements in the domestic system enable the rights which individuals derive from the Community legal system to be effectively protected and it is not more difficult to assert those rights than the rights which they derive from the domestic legal system, the requirements of Community law are fulfilled. | 0 |
867,650 | 140 IT THEREFORE APPEARS THAT THE APPLICANTS ' ARGUMENT TO THE EFFECT THAT THE COMMISSION WRONGLY FOUND THAT THE CONTESTED MEASURES RESTRICTED COMPETITION , PARTICULARLY IN RELATION TO TRADE MARGINS , FINDS NO SUPPORT IN THE REASONING OF THE COURT IN THE METRO CASE .
| 56. The Netherlands legislation deems, in principle, both the heirs of resident persons and the heirs of persons who were non-resident at the time of death to be taxable persons for the purposes of collecting inheritance and/or transfer duties on immovable properties situated in the Netherlands. It is only in respect of the deduction of overendowment debts resulting from a testamentary parental partition inter vivos that the inheritances of residents and non-residents are treated differently. | 0 |
867,651 | 37. Provisions of national legislation which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute obstacles to that freedom even if they apply without regard to the nationality of the workers concerned (see, inter alia, judgments in Bosman , EU:C:1995:463, paragraph 96; ITC , EU:C:2007:16, paragraph 33, and Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken , C‑514/12, EU:C:2013:799, paragraph 30 and the case-law cited). | 34
It should be observed, however, first, that criminal penalties may be essential to combat certain cases of serious VAT fraud in an effective and deterrent manner (see, to that effect, the Taricco judgment, paragraph 39). | 0 |
867,652 | 49. Indeed, decisions or measures adopted by the competent national authorities relating to a possible right of entry or residence, on the basis of Directive 2004/38, are intended to establish the individual position of a national of a Member State or of his family members with regard to that directive (see, to this effect, with regard to issue of a residence permit on the basis of secondary legislation, judgments in Collins , C‑138/02, EU:C:2004:172, paragraph 40; Commission v Belgium , C‑408/03, EU:C:2006:192, paragraphs 62 and 63; and Dias , C‑325/09, EU:C:2011:498, paragraph 48). | 62 Finally, the first three ACP-EEC Conventions all contained a standstill clause worded in terms similar to those in Article 1 of Protocol No 5 on bananas. | 0 |
867,653 | 55 The Court has consistently inferred from the wording of Article 12 of the Association Agreement and Article 36 of the Additional Protocol, as well as from the objective of Decision No 1/80, that the principles enshrined in Articles 48, 49 and 50 of the Treaty must be extended, so far as possible, to Turkish nationals who enjoy the rights conferred by Decision No 1/80 (see, to that effect, Bozkurt, paragraphs 14, 19 and 20, Tetik, paragraphs 20 and 28, Birden, paragraph 23, Case C-36/96 Günaydin v Freistaat Bayern [1997] ECR I-5143, paragraph 21, and Case C-98/96 Ertanir v Land Hessen [1997] ECR I-5179, paragraph 21). | 22
Then, where, in accordance with the rules and practices in force in the importing State, the proprietor uses several different sizes of packaging in that State, the finding that one of those sizes is also marketed in the exporting State party to the EEA Agreement is not enough to justify the conclusion that repackaging is unnecessary. Partitioning of the markets would exist if the importer were able to sell the product in only part of his market (see, by analogy, judgment of 11 July 1996, Bristol-Myers Squibb and Others, C‑427/93, C‑429/93 and C‑436/93, EU:C:1996:282, paragraph 54). | 0 |
867,654 | 33. À titre liminaire, il convient de rappeler que, pour déterminer la portée d’une disposition du droit de l’Union, il y a lieu de tenir compte à la fois de ses termes, de son contexte et de ses finalités (arrêt du 29 octobre 2009, NCC Construction Danmark, C‑174/08, Rec. p. I‑10567, point 23 et jurisprudence citée). | 74
According to Article 1.5 of that directive, ‘rules on services’ consist of every requirement of a general nature relating to the taking-up and pursuit of the service activities referred to in Article 1.2 of that directive, which include ‘any Information Society service, that is to say, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services’. | 0 |
867,655 | 75. As the Court has also previously held, an interpretation of the condition concerning the sufficiency of resources as meaning that the person concerned must have such resources himself, without being able to use for that purpose the resources of an accompanying family member, would add to that condition, as formulated in Directive 2004/38, a requirement as to the origin of the resources which, not being necessary for the attainment of the objective pursued, namely the protection of the public finances of the Member States, would constitute a disproportionate interference with the exercise of the fundamental right of freedom of movement and residence guaranteed by Article 21 TFEU (see, to that effect, judgment in Zhu and Chen , C‑200/02, EU:C:2004:639, paragraph 33). | 25. As regards the criticism expressed in the application for revision in respect of the dismissal, by way of the contested order, of the appeal brought by the applicant against the judgment in Case T-367/03 Yedaş Tarim ve Otomotiv Sanayi ve Ticaret v Council and Commission , the Court reiterates that, as stated in paragraph 16 of the present judgment, the revision procedure is not an appeal procedure but an exceptional review procedure. The complaints made in that regard in the application for revision therefore clearly fall outside the scope of a revision procedure. | 0 |
867,656 | 56. S’agissant, d’abord, des difficultés liées au respect des paramètres en matière d’environnement, il y a lieu de rappeler qu’il ressort d’une jurisprudence constante qu’un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre interne pour justifier le non-respect des obligations résultant du droit communautaire (arrêt du 10 juillet 1990, Commission/Allemagne, C-217/88, Rec. p. I‑2879, point 26), ni de situations internes, telles que des difficultés d’application apparues au stade de l’exécution d’un acte communautaire, pour justifier le non-respect des obligations et délais résultant des normes de droit communautaire (arrêt du 8 mai 2008, Commission/Portugal, C‑233/07, point 33). | 55. In that connection, it is apparent from the case-law of the Court that, where facts from which it may be inferred that there has been discrimination within the meaning of that directive have been established, the effective application of the principle of equal treatment then requires that the burden of proof should fall on the defendants concerned, who must prove that there has been no breach of that principle (see, to that effect, Case C‑303/06 Coleman [2008] ECR I‑5603, paragraph 54). | 0 |
867,657 | 43 In that connection, it is appropriate to recall, first, that, according to settled case-law (see, in particular, Case 61/79 Denkavit Italiana v Amministrazione delle Finanze dello Stato [1980] ECR 1205, paragraphs 16 and 17, and Joined Cases 66/79, 127/79 and 128/79 Salumi v Amministrazione delle Finanze [1980] ECR 1237, paragraphs 9 and 10), the interpretation which, in the exercise of the jurisdiction conferred on it by Article 177 of the Treaty, the Court of Justice gives to a rule of Community law clarifies and defines where necessary the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its coming into force. As the Court recognised in Defrenne II, it is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order and in taking account of the serious effects which its judgment might have, as regards the past, on legal relationships established in good faith, be moved to restrict for any person concerned the opportunity of relying upon the provision as thus interpreted with a view to calling in question those legal relationships. | 25 THE EXCEPTION PROVIDED FOR UNDER ARTICLE 2 ( 1 ) OF REGULATION NO 26, HOWEVER, APPLIES ONLY TO AGREEMENTS 'NECESSARY FOR ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY '. | 0 |
867,658 | 25. Thus, in order to be able to grant a marketing authorisation for a generic medicinal product on the basis of the abridged procedure, what matters is that all the particulars and documents relating to the reference medicinal product remain available to the competent authority concerned by the application for authorisation (see, to that effect, Case C‑223/01 AstraZeneca [2003] ECR I‑11809, paragraph 27). | 23 It is sufficient to note that the Court has held that, in so far as the jurisdiction clause incorporated in a bill of lading is valid under Article 17 of the Convention as between the shipper and the carrier, it can be pleaded against the third party holding the bill of lading so long as, under the relevant national law, the holder of the bill of lading succeeds to the shipper's rights and obligations (Tilly Russ, paragraph 24, and Castelletti, paragraph 41). | 0 |
867,659 | 20. In the context of the cooperation established by Article 267 TFEU, it is for the national courts to determine whether the taxable person makes a single supply in a particular case and to make all definitive findings of fact in that regard (see, to that effect, CPP , paragraph 32; Part Service , paragraph 54; Bog and Others , paragraph 55; and order in Case C-117/11 Purple Parking and Airparks Services [2012] ECR, paragraph 32). However, it is for the Court to provide the national courts with all the guidance as to the interpretation of European Union law which may be of assistance in adjudicating on the case pending before them ( Levob Verzekeringen and OV Bank , paragraph 23). | 34
That conclusion is all the more compelling since the purpose of the obligation to hold consultations, set out in Article 2 of that directive — namely, to avoid terminations of contracts of employment or to reduce their number and to mitigate the consequences (judgment of 10 September 2009, Akavan Erityisalojen Keskusliitto AEK and Others, C‑44/08, EU:C:2009:533, paragraph 46) — and the purpose of the notices of amendment, according to the order for reference — namely, to save the hospital from liquidation — overlap to a considerable extent. Where a decision involving the amendment of conditions of employment could help to avoid collective redundancies, the consultation procedure provided for in Article 2 of that directive must begin once the employer intends to make such amendments (see, to that effect, judgment of 10 September 2009, Akavan Erityisalojen Keskusliitto AEK and Others, C‑44/08, EU:C:2009:533, paragraph 47). | 0 |
867,660 | 39. It is for the competent national authorities to show, first, that their legislation is necessary in order to attain one or more objectives mentioned in Article 30 EC or meet imperative requirements and, secondly, that the legislation is in conformity with the principle of proportionality (see, to that effect, ATRAL , paragraph 67; Case C‑420/01 Commission v Italy , paragraphs 30 and 31; and Case C‑270/02 Commission v Italy , paragraph 22). | 22. The Italian Government submits that it is for the Commission to produce scientific evidence that, given the prevailing environmental conditions in Italy, the fixing of a maximum authorised caffeine level does not satisfy the criteria of a proper balancing of the interests in question. | 1 |
867,661 | 33. It also follows from the case-law that both higher education and university education constitute vocational training (see Case 24/86 Blaizot [1988] ECR 379, paragraphs 15 to 20, and Case 42/87 Commission v Belgium [1988] ECR 5445, paragraphs 7 and 8). | 17
As regards, first, the genuine nature of the dispute in the main proceedings, it should be noted that the claim for judicial review of the ‘intention and/or obligation’ of the United Kingdom Government to implement Directive 2014/40, which Pillbox has brought before the referring court, has 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 Pillbox and the Secretary of State for Health as to whether or not the abovementioned claim is 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). | 0 |
867,662 | 30
Second, as regards Directive 2004/17, it is apparent from the decision to refer that the contract at issue in the main proceedings has a value which is less than the threshold of EUR 5186000 laid down in Article 16(b) of Directive 2004/17. Therefore, that directive is not applicable to the contract (see, by analogy, judgment of 16 April 2015, Enterprise Focused Solutions, C‑278/14, EU:C:2015:228, paragraph 15 and the case-law cited). | 15. It must be noted that the strict special procedures prescribed by the EU directives coordinating public procurement procedures apply only to contracts whose value exceeds a threshold expressly laid down in each of those directives. Accordingly, the rules in those directives do not apply to contracts with a value below the threshold set by those directives (judgment in SECAP and Santorso , C‑147/06 and C‑148/06, EU:C:2008:277, paragraph 19 and the case-law cited). Consequently, Article 23(8) of Directive 2004/18, which the Court has been asked to interpret, is not applicable in the context of the dispute in the main proceedings. The value, exclusive of VAT, of the public contract concerned is in the order of EUR 58 600, whereas the relevant threshold for the application of that directive set by Article 7(b) thereof is EUR 200 000. | 1 |
867,663 | 45. According to the case-law, for a national fiscal provision such as that at issue in the main proceedings to be capable of being regarded as compatible with the provisions of the Treaty on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by overriding reasons in the public interest (see Manninen , paragraphs 28 and 29; Case C-512/03 Blanckaert [2005] ECR I-7685, paragraph 42; and Case C‑265/04 Bouanich [2006] ECR I‑923, paragraph 38). | 27 The overriding reasons relating to the public interest which have been recognised by the Court include the protection of workers (see, in particular, Webb, paragraph 19; and Arblade, paragraph 36). | 0 |
867,664 | 46. Next, in assessing whether such processing is necessary, the legislature is obliged, inter alia, to examine whether it is possible to envisage measures which will interfere less with the rights recognised by Articles 7 and 8 of the Charter but will still contribute effectively to the objectives of the European Union rules in question (see, to that effect, Volker und Markus Schecke and Eifert , paragraph 86). | 35. Cette directive définit la notion de «temps de travail» comme toute période durant laquelle le travailleur est au travail, à la disposition de l’employeur et dans l’exercice de son activité ou de ses fonctions, conformément aux législations et/ou aux pratiques nationales. En outre, cette notion doit être appréhendée par opposition à la période de repos, ces deux notions étant exclusives l’une de l’autre (voir, en ce sens, arrêt Jaeger, C‑151/02, EU:C:2003:437, point 48). | 0 |
867,665 | 51. Concerning, secondly, the question whether a group of workers such as that at issue in the main proceedings is sufficiently independent, it is sufficient to note that, in the context of EU legislation on maintaining the rights of workers, the concept of independence refers to the powers, granted to those in charge of the group of workers concerned, to organise, relatively freely and independently, the work within that group and, more particularly, to give instructions and allocate tasks to subordinates within the group, without direct intervention from other organisational structures of the employer (see, in that regard, UGT-FSP , paragraphs 42 and 43). Whilst the presence of a sufficiently autonomous entity is not affected by the fact that the employer imposes precise obligations on that group of workers and thus has an extensive influence on its activities, it is nevertheless necessary that that group possess a certain freedom to organise and carry out its tasks (see, to that effect, Hidalgo and Others , paragraph 27). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
867,666 | 113 Second, it cannot be categorised as a group of undertakings for the purposes of that provision, inasmuch as registered members of the Bar of the Netherlands are not sufficiently linked to each other to adopt the same conduct on the market with the result that competition between them is eliminated (Case C-96/94 Centro Servizi Spediporto [1995] ECR I-2883, paragraphs 33 and 34). | 33 However, in order for it to be held that such a collective dominant position exists, the undertakings in the group must be linked in such a way that they adopt the same conduct on the market (judgment in Almelo and Others, cited above, paragraph 42). | 1 |
867,667 | 27. Since Ireland and the United Kingdom do not take part in all the provisions of the Schengen acquis , they are in a special situation, which the Schengen Protocol took into account in two respects (see, to that effect, judgment in United Kingdom v Council , C‑77/05, EU:C:2007:803, paragraph 57). | 26. L’intérêt à un recours en annulation s’apprécie au jour où le recours est formé (voir arrêt Forges de Clabecq/Haute Autorité, 14-63, EU:C:1963:60, p. 748). | 0 |
867,668 | 25. As regards, more specifically, the classification of the use of sporting facilities, the Court has previously stated that services linked to the practice of sport or physical education must, so far as is possible, be considered as a whole (judgment in Stockholm Lindöpark , C‑150/99, EU:C:2001:34, paragraph 26). | 25. Moreover, it should be noted that there is nothing else in the contested decision to indicate that the Council intended to use Article 34 EU as the legal basis of the decision. | 0 |
867,669 | 30
In order to guarantee the uniform protection which EU trade marks are afforded throughout the entire area of the European Union, the prohibition on proceeding with acts which infringe or would infringe an EU trade mark must, as a rule, extend to the whole of that area (see, with regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), repealed and replaced by Regulation No 207/2009, the judgment of 12 April 2011, DHL Express France, C‑235/09, EU:C:2011:238, paragraphs 39 to 44). | 67
It is apparent from the settled case-law of the Court that the penalty payment must be decided upon according to the degree of persuasion needed in order for the Member State which has failed to comply with a judgment establishing a breach of obligations to alter its conduct and bring to an end the infringement established (judgment of 15 October 2015 in Commission v Greece, C‑167/14, EU:C:2015:684, paragraph 51 and the case-law cited). | 0 |
867,670 | 16 The Directive is therefore applicable where, following a legal transfer or merger, there is a change in the natural or legal person responsible for carrying on the business who by virtue of that fact incurs the obligations of an employer vis-à-vis employees of the undertaking, regardless of whether or not ownership of the undertaking is transferred (Case 287/86 Ny Mølle Kro [1987] ECR 5465, paragraph 12, and Case 324/86 Tellerup v Daddy's Dance Hall [1988] ECR 739, paragraph 9). | 21 Where it is the practice of a Member State, in certain circumstances, to refuse to register a branch of a company having its registered office in another Member State, the result is that companies formed in accordance with the law of that other Member State are prevented from exercising the freedom of establishment conferred on them by Articles 52 and 58 of the Treaty. | 0 |
867,671 | 17 As the Court reiterated in its judgment of 17 December 1987 in Case 323/86 Collini v ONPTS (( 1987 )) ECR 5489, it is apparent from Article 40(1 ) of Regulation No 1408/71 that the provisions of Article 46, including the anti-overlapping rule contained in paragraph 3 thereof, are applicable by analogy to invalidity benefits where a worker has been subject to the legislation of two or more Member States and the legislation of at least one of those States makes the amount of the benefits dependent on the length of the insurance periods . | 41 However, it is for the national court to ensure, in the proceedings before it, having regard to the principles set out in the Court's case-law, as recorded in paragraphs 34 to 37 of this judgment, that reparation of the loss or damage sustained by the beneficiaries is adequate. Retroactive and proper application in full of the measures implementing the Directive will suffice for that purpose unless the beneficiaries establish the existence of complementary loss sustained on account of the fact that they were unable to benefit at the appropriate time from the financial advantages guaranteed by the Directive with the result that such loss must also be made good. | 0 |
867,672 | 22. The Court has recognised that it is compatible with European Union law to have a national procedural rule laying down a reasonable time-limit by which an economic operator is required to claim repayment of a tax collected in breach of European Union law, failing which its claim will be time-barred. Such a time-limit is not liable to make it in practice impossible or excessively difficult to exercise the rights conferred by European Union law. In that regard, the Court has already ruled that a three-year time-limit appears reasonable (see Case C-228/96 Aprile [1998] ECR I-7141, paragraph 19; Case C-445/06 Danske Slagterier [2009] I-2119, paragraph 32; and Case C-542/08 Barth [2010] ECR I-3189, paragraph 28). | 57. Under Article 13(2) TEU, the institutions are to practise mutual sincere cooperation. | 0 |
867,673 | 29
If such a situation occurs, it is necessary to apply general rule 3(a) for the interpretation of the CN, according to which ‘the heading which provides the most specific description shall be preferred to headings providing a more general description’. It is only where the application of that rule does not allow an appropriate classification of certain goods, in particular where there is no specific tariff heading for the classification of those goods (see, to that effect, judgments of 10 May 2001 in VauDe Sport, C‑288/99, EU:C:2001:262, paragraph 21, and of 15 November 2012 in Kurcums Metal, C‑558/11, EU:C:2012:721, paragraph 36), that it is necessary to apply general rule 3(b) for the interpretation of the CN and to classify such goods ‘as if they consisted of the material or component which gives them their essential character’. | 36. It should be observed, to begin with, that, contrary to the submissions of Kurcums Metal, general rule 3(a) for the interpretation of the CN does not apply to the tariff classification of cables such as those at issue in the main proceedings. Having regard to the second sentence of that general rule and in the light of paragraph 33 above, neither of the two CN subheadings at issue in the main proceedings can be regarded as the more specific, within the meaning of that general rule. | 1 |
867,674 | 44. That being so, it is appropriate to consider whether the restrictions on the freedom to provide services arising from Paragraph 18(12) to (16) of the AuslBG appear to be justified by a public interest objective and, if so, whether they are necessary in order to pursue, effectively and by appropriate means, such an objective ( Commission v Luxembourg , paragraph 26, and Case C-244/04 Commission v Germany [2006] ECR I-885, paragraph 37). | 27
However, the term ‘arrest warrant’, contained in Article 8(1)(c) of the Framework Decision, refers only to the national arrest warrant, which is to be understood as referring to a judicial decision that is distinct from the European arrest warrant (see, to that effect, judgment of 1 June 2016, Bob-Dogi, C‑241/15, EU:C:2016:385, paragraphs 46 and 58). | 0 |
867,675 | 53. It should first be borne in mind that the Community institutions have a wide discretion in the application of Article 109 of the OCT Decision (see, to that effect, Case C-390/95 P Antillean Rice Mills and Others v Commission [1999] ECR I-769, paragraph 48, Case C‑110/97 Netherlands v Council [2001] ECR I‑8763, paragraph 61, and Case C‑301/97 Netherlands v Council [2001] ECR I‑8853, paragraph 73). | 20 IF THE SECOND STAGE ABOVE ALL CONSISTS OF MAKING COMPARISONS AND IS, THEREFORE, GOVERNED BY THE PRINCIPLE OF SECRECY INHERENT IN THE PROCEEDINGS OF A SELECTION BOARD, THE FIRST CONSISTS, IN PARTICULAR IN A COMPETITION ON THE BASIS OF QUALIFICATIONS, OF A COMPARISON OF THE QUALIFICATIONS PRODUCED BY THE CANDIDATES WITH THOSE REQUIRED BY THE NOTICE OF COMPETITION . | 0 |
867,676 | 8 In that regard, it must be pointed out that, in accordance with settled case-law, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see Case C-470/98 Commission v Greece [2000] ECR I-4657, paragraph 11, and Case C-423/99 Commission v Italy [2000] ECR I-11167, paragraph 10). | 37. However, where the same ground of refusal is given for a category or group of goods or services, the competent authority may use only general reasoning for all of the goods and services concerned. | 0 |
867,677 | 17. The settled case-law of the Court states that an analysis of the definitions of ‘taxable person’ and ‘economic activities’ shows that the scope of the term ‘economic activities’ is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see T-Mobile Austria and Others , paragraph 35, and Hutchison 3G and Others , paragraph 29). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
867,678 | 41. However, a tax cannot be hypothecated to an exemption from payment of that same tax for a category of businesses. Application of a tax exemption and its extent do not depend on the tax revenue ( Streekgewest , paragraph 28). | 34 According to the settled case-law of the Court, Article 34 of the Treaty applies to national measures which have as their specific object or effect the restriction of patterns of exports and thereby the establishment of a difference in treatment between the domestic trade of a Member State and its export trade, in such a way as to provide a particular advantage for national production or for the domestic market of the State in question (see Case 172/82 Inter-Huiles and Others [1983] ECR 555, paragraph 12). | 0 |
867,679 | 26. In addition, where national law provides that the consent procedure is to be carried out in several stages, the environmental impact assessment in respect of a project must, in principle, be carried out as soon as it is possible to identify and assess all the effects which the project may have on the environment (see Case C‑201/02 Wells [2004] ECR I‑723, paragraph 53). Thus, where one of those stages involves a principal decision and the other involves an implementing decision which cannot extend beyond the parameters set by the principal decision, the effects which a project may have on the environment must be identified and assessed at the time of the procedure relating to the principal decision. It is only if those effects are not identifiable until the time of the procedure relating to the implementing decision that the assessment should be carried out in the course of the latter procedure ( Wells , paragraph 52). | 52. Accordingly, where national law provides that the consent procedure is to be carried out in several stages, one involving a principal decision and the other involving an implementing decision which cannot extend beyond the parameters set by the principal decision, the effects which the project may have on the environment must be identified and assessed at the time of the procedure relating to the principal decision. It is only if those effects are not identifiable until the time of the procedure relating to the implementing decision that the assessment should be carried out in the course of that procedure. | 1 |
867,680 | 115. It is not until the beginning of the administrative inter partes stage that the entity concerned is informed, via the statement of objections, of all the essential elements on which the Commission is relying at that stage of the procedure. Consequently, it is only after the statement of objections has been issued that the undertaking concerned can rely in full on its rights of defence (see, to that effect, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 315 and 316; Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission , paragraph 47; and Case C‑407/04 P Dalmine v Commission [2007] ECR I‑829, paragraph 59). | 12 EFFORTS TO ACHIEVE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY, IN PARTICULAR UNDER COMMON ORGANIZATIONS OF THE MARKETS, CANNOT DISREGARD REQUIREMENTS RELATING TO THE PUBLIC INTEREST SUCH AS THE PROTECTION OF CONSUMERS OR THE PROTECTION OF THE HEALTH AND LIFE OF HUMANS AND ANIMALS, REQUIREMENTS WHICH THE COMMUNITY INSTITUTIONS MUST TAKE INTO ACCOUNT IN EXERCISING THEIR POWERS . | 0 |
867,681 | 29. According to settled case-law, in giving the Council the task of adopting a common transport policy, the Treaty confers wide legislative powers on it as regards the adoption of appropriate common rules (Case 97/78 Schumalla [1978] ECR 2311, paragraph 4, and Joined Cases C-248/95 and C-249/95 SAM Schiffahrt and Stapf [1997] ECR I-4475, paragraph 23). | 23 As the case-law has firmly established, in giving the Council the task of adopting this policy a common transport policy, the Treaty has conferred wide legislative powers upon it as regards the adoption of appropriate common rules (judgment in Case 97/78 Schumalla [1978] ECR 2311, paragraph 4). | 1 |
867,682 | 30. Consequently, in view of the Court’s settled case-law, according to which a request for a preliminary ruling from a national court must be rejected where it appears to be quite obvious that the interpretation of Union law sought bears no relation to the facts or purpose of the main proceedings (see, inter alia, Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 25, and Jakubowska , C‑225/09, EU:C:2010:729, paragraph 28), the fourth question must be declared inadmissible.
Costs | 27 It must therefore be held that by allowing the inclusion in the contract specification for tender for a public works contract of a clause stipulating that the asbestos cement pressure pipes must be certified as complying with Irish Standard 188:1975 in accordance with the Irish Standard Mark Licensing Scheme of the Institute for Industrial Research and Standards, Ireland has failed to fulfil its obligations under Article 30 of the EEC Treaty .
The rejection of the tender providing for the use of the Spanish-made pipes | 0 |
867,683 | 40. Thus, while this term is modelled on certain elements of national law, it remains a Community concept which, contrary to the submissions of Bromley LBC and the United Kingdom Government, falls exclusively within Community law. According to settled case-law, the terms used in a provision of Community law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope are normally to be given throughout the Community an autonomous and uniform interpretation which must take into account the context of the provision and the purpose of the legislation in question (see, to this effect, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C‑287/98 Linster [2000] ECR I-6917, paragraph 43; and Case C-201/02 Wells [2004] ECR I-723, paragraph 37). | 67. The concept of BTKNEEC must be examined by weighing the best technology and the costs envisaged against the benefits that a more effective water collection or treatment system may provide. Within this framework, the costs incurred cannot be disproportionate to the benefits obtained. | 0 |
867,684 | 17 According to settled case-law, the procedure provided for in Article 177 of the Treaty is an instrument of cooperation between the Court of Justice and national courts by means of which the former provides the latter with interpretation of such Community law as is necessary for them to give judgment in cases upon which they are called to adjudicate (see inter alia Joined Cases C-297/88 and C-197/89 Dzodzi v Belgian State [1990] ECR I-3763, paragraph 33, and Case C-231/89 Gmurzynska-Bscher v Oberfinanzdirektion Köln [1990] ECR I-4003, paragraph 18). | Au nombre de ces indices, figure le fait que l’entreprise publique en question ne pouvait pas prendre la décision contestée sans tenir compte des exigences des pouvoirs publics ou des directives émanant du CIPE. D’autres indices permettant de conclure à une telle imputabilité sont également pertinents, tels que l’intégration de ladite entreprise publique dans les structures de l’administration publique, la nature de ses activités et l’exercice de celles-ci sur le marché dans des conditions normales de concurrence avec des opérateurs privés, le statut juridique de l’entreprise, l’intensité de la tutelle exercée par les autorités publiques sur la gestion de l’entreprise, ou tout autre indice traduisant, dans le cas concret, une implication des autorités publiques ou l’improbabilité d’une absence d’implication dans l’adoption d’une mesure, eu égard également à l’ampleur de celle-ci, à son contenu ou aux conditions qu’elle comporte (arrêt du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, points 55 et 56). | 0 |
867,685 | 18 In all events, as regards the procedural difficulties relied on by the German Government to explain the delay in transposing Directives 78/659 and 79/923, it is sufficient to recall that, as the Court has held repeatedly, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-147/94 Commission v Spain [1995] ECR I-1015, paragraph 5, Case C-259/94 Commission v Greece [1995] ECR I-1947, paragraph 5, and Case C-253/95 Commission v Germany [1996] ECR I-2423, paragraph 12). | 17 It is thus concerned only with the content of agreements which parties tied to a distribution network for a specified product may lawfully conclude having regard to the rules of the Treaty prohibiting restrictions affecting normal competition within the common market. | 0 |
867,686 | 38. Since Article 10 of Directive 1999/31 and Articles 1 to 3 of Directive 2000/35 have direct effect, they are binding on all the authorities of the Member States, that is to say, not merely the national courts but also all administrative bodies, including decentralised authorities, and those authorities are required to apply them (see, to that effect, Case 103/88 Costanzo [1989] ECR 1839, paragraphs 30 to 33 and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 61 and the case‑law cited). | 42. As regards, further, the number of potential listeners referred to in paragraph 33 of the present judgment, it must be observed that the Court has held that the guests of a hotel constitute a fairly large number of persons, such that they must be considered to be a public ( SGAE , paragraph 38). | 0 |
867,687 | 45. It must however be pointed out that, in accordance with 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, to that effect, Joined Cases C‑6/90 and C‑9/90 Francovich and Others [1991] ECR I‑5357, paragraph 35; Joined Cases C‑46/93 and C‑48/93 Brasserie du Pêcheur and Factortame [1996] ECR I‑1029, paragraph 31; and Case C‑118/08 Transportes Urbanos y Servicios Generales [2010] ECR I‑0000, paragraph 29). | 22. The Court has already ruled that a decision like that adopted by the Gemeinsamer Bundesausschuss, even if it covers only the acceptance for coverage of a series of active ingredients, constitutes a bundle of individual decisions on the inclusion of certain medicinal products in one of the social security schemes, so as to bring it within the provisions of Article 6 of Directive 89/105 (see, to that effect, Case C-229/00 Commission v Finland [2003] ECR I-5727, paragraph 34). | 0 |
867,688 | 32. National legislation which places certain of the nationals of the Member State concerned at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State is a restriction on the freedoms conferred by Article 18(1) EC on every citizen of the Union (Case C‑406/04 De Cuyper [2006] ECR I‑6947, paragraph 39, and Tas-Hagen and Tas , paragraph 31). | 20 PRIVATE UNDERTAKINGS MAY COME UNDER THAT PROVISION, BUT THEY MUST BE ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST BY AN ACT OF THE PUBLIC AUTHORITY . | 0 |
867,689 | 42. En revanche, les prestations octroyées au titre d’un régime de pension, qui est fonction, pour l’essentiel, de l’emploi qu’occupait l’intéressé, se rattachent à la rémunération dont bénéficiait ce dernier et relèvent de l’article 141 CE (voir, notamment, en ce sens, arrêts du 13 mai 1986, Bilka‑Kaufhaus, 170/84, Rec. p. 1607, point 22; Barber, précité, point 28; Beune, précité, point 46; du 10 février 2000, Deutsche Telekom, C‑234/96 et C‑235/96, Rec. p. I‑799, point 32, ainsi que Podesta, précité, point 25). | 46 It should first be recalled that it is settled case-law that in the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for recovery of sums unduly paid, provided, however, that such rules may not be less favourable than those governing similar domestic actions and may in no circumstances be so framed as to render virtually impossible or excessively difficult in practice the exercise of rights conferred by Community law (see, in particular, Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 12, and Case C-212/94 FMC [1996] ECR I-389, paragraph 71). | 0 |
867,690 | 51. As regards the principle of the protection of legitimate expectations, with which the Member States must comply when they implement Community rules (see the case-law cited in paragraph 46 of this judgment), it must be recalled that, in the field of the common agricultural policy, economic operators are not justified in having a legitimate expectation that an existing situation which is capable of being altered by the competent authorities in the exercise of their discretionary power will be maintained (see, to that effect, with respect to the common organisation of the markets, Case C-310/04 Spain v Council [2006] ECR I-7285, paragraph 81). | 49. In that regard, under the Sixth Directive the scope of VAT is very wide in that Article 2 thereof, which concerns taxable transactions, refers not only to imports of goods but also to the supply of goods or services effected for consideration within the territory of the country by a taxable person acting as such. | 0 |
867,691 | 85. Furthermore, it was not until at best two years after the delivery of the judgment in Case C‑99/02 Commission v Italy that the first coherent measures were adopted by the Italian Republic to remedy the difficulties of identifying and recovering the aid that had been declared unlawful and incompatible by Decision 2000/128, as is apparent from paragraphs 10 to 19 above and was admitted by the Italian Republic at the hearing. In particular, Decree-Law No 59 of 8 April 2008, intended to solve the procedural problem caused by the Italian courts’ suspension of the orders for recovery of the unlawful aid in question, was not enacted until after the period prescribed in the reasoned opinion of 1 February 2008 had expired, and provided only an imperfect solution to the delay in recovering the aid covered by that decision (see, by analogy, Case C‑304/09 Commission v Italy [2010] ECR I‑0000, paragraphs 40 to 42, and Case C‑305/09 Commission v Italy [2010] ECR I‑0000, paragraphs 38 to 40). | 37. It is clear from the case-law that the Court may of its own motion, or on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure in accordance with Article 61 of the Rules of Procedure if it considers that it lacks sufficient information, or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see Case C‑210/03 Swedish Match [2004] ECR I‑11893, paragraph 25; Case C‑306/05 SGAE [2006] ECR I‑11519, paragraph 27; and Case C‑466/03 Albert Reiss Beteiligungsgesellschaft [2007] ECR I‑5357, paragraph 29). | 0 |
867,692 | 47. According to the same case-law, the Court has stated that the requisite arrangements for implementation and application of the requirements of Directive 93/104 may display certain divergences as regards the conditions for exercising the right to paid annual leave, but that that directive does not allow Member States to exclude the very existence of a right expressly granted to all workers ( BECTU , paragraph 55). | 45. Furthermore, the fact that the grant of rights such as the frequency use rights at issue in the main proceedings gives rise to a payment cannot affect the legal status of that activity (see, to that effect, Case C-343/95 Diego Calì & Figli [1997] ECR I-1547, paragraph 24 and the case-law cited). | 0 |
867,693 | 32. It is settled case‑law that that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the perception of them by the relevant public ( Storck v OHIM , paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). Furthermore, the Court has held, as OHIM points out in its appeal, that that method of assessment is also applicable to an analysis of the distinctive character of signs consisting solely of a colour per se, three‑dimensional marks and slogans (see, to that effect, respectively, Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraph 78; Storck v OHIM , paragraph 26; and Audi v OHIM , paragraphs 35 and 36). | 34. That evidence includes the extent to which the transformation work carried out by the vendor had advanced at the time of supply and, as appropriate, the use of the immovable property at issue on the same date. | 0 |
867,694 | 36. Where a Community regulation does not specifically provide any penalty for an infringement or refers for that purpose to national laws, regulations and administrative provisions, Article 10 EC requires the Member States to take all measures necessary to guarantee the application and effectiveness of Community law (Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 23; Case C-326/88 Hansen [1990] ECR I-2911, paragraph 17; Milchwerke Köln v Wuppertal , cited above, paragraph 23; Case C-36/94 Siesse [1995] ECR I-3573, paragraph 20; Case C-177/95 Ebony Maritime and Loten Navigation [1997] ECR I-1111, paragraph 35, and Case C-167/01 Inspire Art [2003] ECR I-10155, paragraph 62). | 80. The annulment of the contested decision without its effects being maintained would call in question the signing of the Convention by the European Union, which took place on 21 December 2011, even though the competence of the European Union to sign that convention has never been called in question. | 0 |
867,695 | 28
As for the notion of ‘place where the harmful event occurred or may occur’ in Article 5(3) of Regulation No 44/2001, as the Court has already held, those words are intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the applicant, in the courts for either of those places (see in relation to pollution, judgment of 30 November 1976 in Bier, 21/76, EU:C:1976:166, paragraphs 24 and 25; in relation to counterfeiting, judgment of 5 June 2014 in Coty Germany, C‑360/12, EU:C:2014:1318, paragraphs 46; in relation to company directors’ contracts, judgment of 10 September 2015 in Holterman Ferho Exploitatie and Others, C‑47/14, EU:C:2015:574, paragraph 72). | 36. Thus, according to settled case-law, derogation under those articles must be restricted to activities which, in themselves, are directly and specifically connected with the exercise of official authority (see Servizi Ausiliari Dottori Commercialisti , cited above, paragraph 46 and the case-law cited), which excludes from being regarded as connected with the exercise of official authority, within the meaning of that derogation, functions that are merely auxiliary and preparatory vis-à-vis an entity which effectively exercises official authority by taking the final decision (Case C‑42/92 Thijssen [1993] ECR I‑4047, paragraph 22). | 0 |
867,696 | 56. Under such systems, the situation of shareholders resident in a Member State and receiving dividends from a company established in that State is comparable to that of shareholders who are resident in that State and receive dividends from a company established in another Member State, inasmuch as both the dividends deriving from a national source and those deriving from a foreign source may be subject, first, in the case of corporate shareholders, to a series of charges to tax and, secondly, in the case of ultimate shareholders, to economic double taxation (see, to that effect, Lenz , paragraphs 31 and 32, and Manninen , paragraphs 35 and 36). | 56. It is apparent from the very wording of Article 4 of Directive 2003/4 that the European Union legislature prescribed that the balancing of the interests involved was to be carried out in every particular case. | 0 |
867,697 | 53. It is, admittedly, not apparent from the documents submitted to the Court that the Italian Government communicated those measures to the Commission in accordance with Article 193 TFEU. Nevertheless, it should be noted that, while that provision requires Member States to communicate to the Commission the more stringent protective measures which they intend to maintain or introduce in environmental matters, it does not make implementation of the planned measures conditional upon agreement by the Commission or its failure to object. In that context, as the Advocate General noted at point 38 of his Opinion, neither the wording nor the purpose of the provision under examination therefore provides any support for the view that failure by the Member States to comply with their notification obligation under Article 193 TFEU in itself renders unlawful the more stringent protective measures thus adopted (see, by analogy, Case 380/87 Enichem Base and Others [1989] ECR 2491, paragraphs 20 to 23; Case C‑209/98 Sydhavnens Sten & Grus [2000] ECR I‑3743, paragraph 100; and Case C‑159/00 Sapod Audic [2002] ECR I‑5031, paragraphs 60 to 63). | 37
Consequently, the principle of effectiveness requires that an infringement of EU competition law may be proven not only by direct evidence, but also through indicia, provided that they are objective and consistent. | 0 |
867,698 | 37 Likewise, the Court, having regard to the circumstances of the case, held that Community law confers a right to reparation where three conditions are met: the rule of law infringed must be intended to confer rights on individuals; the breach must be sufficiently serious; and there must be a direct causal link between the breach of the obligation resting on the State and the damage sustained by the injured parties (Brasserie du Pêcheur and Factortame, paragraph 51; Dillenkofer, paragraphs 21 and 23; Denkavit, paragraph 48; Brinkmann, paragraph 25; see also Case C-140/97 Rechberger and Others v Austria [1999] ECR I-3499, paragraph 21; and Case C-424/97 Haim v Kassenzahnärztliche Vereinigung Nordrhein [2000] ECR I-5123, paragraph 36). | 17 THIS ARGUMENT CANNOT BE UPHELD . ON THE ONE HAND IT DISREGARDS THE FACT THAT ARTICLE 92 ( 3 ), UNLIKE ARTICLE 92 ( 2 ), GIVES THE COMMISSION A DISCRETION BY PROVIDING THAT THE AID WHICH IT SPECIFIES ' ' MAY ' ' BE CONSIDERED TO BE COMPATIBLE WITH THE COMMON MARKET . ON THE OTHER HAND IT WOULD RESULT IN MEMBER STATES ' BEING PERMITTED TO MAKE PAYMENTS WHICH WOULD IMPROVE THE FINANCIAL SITUATION OF THE RECIPIENT UNDERTAKING ALTHOUGH THEY WERE NOT NECESSARY FOR THE ATTAINMENT OF THE OBJECTIVES SPECIFIED IN ARTICLE 92 ( 3 ).
| 0 |
867,699 | 216. That requirement is not satisfied by an appeal confined to repeating or reproducing word for word the pleas in law and arguments previously submitted to the General Court, including those based on facts expressly rejected by that court. In so far as such an appeal does not contain any arguments specifically contesting the judgment appealed against, it amounts in reality to no more than a request for re-examination of the application submitted to the General Court, which, under Article 58 of the Statute of the Court of Justice, the latter does not have jurisdiction to undertake (see judgment in John Deere v Commission , C‑7/95 P, EU:C:1998:256, paragraph 20 and the case-law cited). | 62 Consequently, Member States are obliged to classify as SPAs all the sites which, applying ornithological criteria, appear to be the most suitable for conservation of the species in question. | 0 |
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