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868,000 | 27. As regards proceedings under Article 81 EC, it is nevertheless appropriate to draw a distinction between the two phases of the administrative procedure, namely the investigation phase preceding the statement of objections and the phase corresponding to the remainder of the administrative procedure. Each of these successive stages has its own internal logic; the first stage must enable the Commission to adopt a position on the course which the procedure is to follow, and the second must enable the Commission to reach a final decision on the infringement concerned (see Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 181 to 183, and Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission , paragraph 38). | 43. As has just been stated, the fire-fighting and rescue duties which are part of the intermediate career in the fire service can only be performed by younger officials. Officials older than 45 or 50 carry out other duties. To ensure the efficient functioning of the intermediate career in the fire service, it may be considered necessary for the majority of officials in that career to be able to perform physically demanding tasks, and hence for them to be younger than 45 or 50. Moreover, the assignment of officials older than 45 or 50 to duties which are less physically demanding requires them to be replaced by young officials. The age at which an official is recruited determines the time during which he will be able to perform physically demanding tasks. An official recruited before the age of 30, who will have to follow a training programme lasting two years, can be assigned to those duties for a minimum of 15 to 20 years. By contrast, if he is recruited at the age of 40, that period will be a maximum of 5 to 10 years only. Recruitment at an older age would have the consequence that too large a number of officials could not be assigned to the most physically demanding duties. Similarly, such recruitment would not allow the officials thus recruited to be assigned to those duties for a sufficiently long period. Finally, as the German Government submits, the rational organisation of the professional fire service requires, for the intermediate career, a correlation between the physically demanding posts not suitable for older officials and the less physically demanding posts suitable for those officials. | 0 |
868,001 | 66
It is indeed settled case-law that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see, inter alia, judgments of 4 July 2000, Bergadem and Goupil v Commission, C‑352/98 P, EU:C:2000:361, paragraph 34; of 6 March 2003, Interporc v Commission, C‑41/00 P, EU:C:2003:125, paragraph 15; and of 12 September 2006, Reynolds Tobacco and Others v Commission, C‑131/03 P, EU:C:2006:541, paragraph 49). | 24. Regulation No 1346/2000 reproduces, in identical terms, the provisions of the Convention on Insolvency Proceedings, opened for signature by the Member States at Brussels on 23 November 1995. | 0 |
868,002 | 25. In accordance with case-law, mixed agreements concluded by the Community, its Member States and non-member countries have the same status in the Community legal order as purely Community agreements in so far as the provisions fall within the scope of Community competence (see, to that effect, Case 12/86 Demirel [1987] ECR 3719, paragraph 9, and Case C-13/00 Commission v Ireland [2002] ECR I-2943, paragraph 14). | 37. It follows that the restrictions imposed by national legislation such as that at issue in the main proceedings are permissible in relation to OCTs under Article 64(1) TFEU. | 0 |
868,003 | 13. As a preliminary point it must be recalled that although, in the absence of complete harmonisation in the field, the Member States may prescribe the conditions for the registration of vehicles travelling on their territory, the measures adopted cannot be exempt from the application of Articles 10 EC and 39 EC (see, by way of analogy, Case C-121/00 Hahn [2002] ECR I-9193, paragraph 34). | 27. In that regard, the Court has repeatedly held that, in order to determine whether employees perform the same work or work to which equal value can be attributed, it is necessary to ascertain whether, taking account of a number of factors such as the nature of the work, the training requirements and the working conditions, those persons can be considered to be in a comparable situation (see Case C-309/97 Angestelltenbetriebsrat der Wiener Gebietskrankenkasse [1999] ECR I-2865, paragraph 17, and Brunnhofer , paragraph 43). | 0 |
868,004 | 63
A broad interpretation of that kind is, moreover, in keeping with the objective of Directive 2006/123 which, as is clear from recitals 2 and 5 thereof, is intended to remove restrictions on the freedom of establishment for providers in the Member States and on the free movement of services between Member States, in order to contribute to the completion of a free and competitive internal market (see, inter alia, judgment in Société fiduciaire nationale d’expertise comptable, C‑119/09, EU:C:2011:208, paragraph 26). Indeed, legislation of a Member State which requires a provider to have a particular legal form or status constitutes a significant restriction on the freedom of establishment of providers and on the freedom to provide services (see to that effect, inter alia, judgments in Commission v Italy, C‑439/99, EU:C:2002:14, paragraph 32, and Commission v Portugal, C‑171/02, EU:C:2004:270, paragraphs 41 and 42). | 35. It follows that, in the factual and legislative context which the national court is responsible for defining and the accuracy of which is not a matter for the Court to determine, the questions submitted by the national court enjoy a presumption of relevance (See Case C-355/97 Beck and Bergdorf [1999] ECR I-4977, paragraphs 22 to 24, and Salzmann , paragraph 31). | 0 |
868,005 | 61 The Court' s rulings to the effect that Member States are not entitled to determine the extent to which their own legislation or that of another Member State is applicable since they are under an obligation to comply with the provisions of Community law in force (see Case 276/81 Sociale Verzekeringsbank v Kuijpers [1982] ECR 3027, paragraph 14, Case 302/84 Ten Holder v Nieuwe Algemene Bedrijfsvereniging [1986] ECR 1821, paragraph 21, and Case 60/85 Luijten v Raad van Arbeid [1986] ECR 2365, paragraph 14) preclude a Member State from using tax measures in reality to make up for the fact that a taxpayer is not insured with, and does not pay contributions to, its social security scheme. | 155
The protection afforded by Article 16 of the Charter covers the freedom to exercise an economic or commercial activity, the freedom of contract and free competition, as is apparent from the explanations relating to that article, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the interpretation of the Charter (judgment in Sky Österreich, C‑283/11, EU:C:2013:28, paragraph 42). | 0 |
868,006 | 44. Thus, the Court has taken the view that expenses occasioned by the activity in question are directly linked to that activity (see, to that effect, Gerritse , paragraphs 9 and 27, and Centro Equestre da Lezíria Grande , paragraph 25) and are, thus, necessary in order to carry out that activity. Likewise, such a direct link was accepted with regard to costs incurred in obtaining tax advice required in order to prepare a tax return, the duty to file such a return resulting from the receipt of income in the Member State concerned (see Conijn , paragraph 22). | 38. As they apply in an automatic and unconditional manner, the disputed measures do not allow any account to be taken of the individual circumstances of service providers who are not established and not registered in Belgium. | 0 |
868,007 | 75. However, it is settled case-law that the obligation to state reasons does not require the Court of First Instance to provide an account that follows exhaustively and point by point all the reasoning articulated by the parties to the case. The reasoning may therefore be implicit on condition that it enables the persons concerned to know why the measures in question were taken and provides the competent Court with sufficient material for it to exercise its power of review (see, to that effect, Case C‑120/99 Italy v Council [2001] ECR I-7997, paragraph 28, and Joined Cases C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2001] ECR I‑123, paragraph 372). | 23. Selon une jurisprudence constante, il découle des exigences tant de l’application uniforme du droit de l’Union que du principe d’égalité que les termes d’une disposition du droit de l’Union qui ne comporte aucun renvoi exprès au droit des États membres pour déterminer son sens et sa portée doivent normalement trouver, dans toute l’Union, une interprétation autonome et uniforme qui doit être recherchée en tenant compte du contexte de la disposition et de l’objectif poursuivi par la réglementation en cause (voir, notamment, arrêt du 27 juin 2013, Malaysia Dairy Industries, C‑320/12, point 25 et jurisprudence citée). | 0 |
868,008 | 29
It follows from the clear terms of Article 5(2)(b) of Directive 2001/29 that the private copying exception is intended exclusively for natural persons making, or having the capacity to make, reproductions of protected works or subject matter for private use and for purposes neither directly nor indirectly commercial (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraphs 43 to 45 and 54 to 56, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraphs 22 to 25 and 64). | 17 In its observations the intervener, Gimelec, contends that the action brought by Neotype against the definitive regulation is inadmissible inasmuch as the findings made in that regulation as to the existence of dumping do not concern the applicant directly, since the dumping margin for the exported products was established in accordance with the export prices of the exporter in question and not in accordance with the resale prices charged by the applicant . | 0 |
868,009 | 55. That comparative examination procedure must enable the authorities of the host Member State to assure themselves, on an objective basis, that the foreign diploma certifies that its holder has knowledge and qualifications which are, if not identical, at least equivalent to those attested by the national diploma. That assessment of the equivalence of the foreign diploma must be carried out exclusively in the light of the level of knowledge and qualifications which its holder can be assumed, by virtue of that diploma, to possess, having regard to the nature and duration of the studies and practical training to which the diploma relates (see judgments in Vlassopoulou , C‑340/89, EU:C:1991:193, paragraph 17; Morgenbesser , C‑313/01, EU:C:2003:612, paragraph 62; and Peśla , C‑345/08, EU:C:2009:771, paragraph 39). | 18 Since, therefore, it confines itself to stating what the parties to such agreements may or may not undertake to do in relations with third parties, that regulation does not, in contrast, serve to regulate the activities of such third parties, who may operate in the market outside the framework of distribution agreements. | 0 |
868,010 | 24 Furthermore, although the Commission relied specifically on Article 13(A)(1)(i) of the Sixth Directive for the first time in the application, it was merely replying to a ground of defence raised also for the first time by the German Government in response to the reasoned opinion and, in so doing, it amended neither the definition nor the basis of the alleged infringement (see, to that effect, Case 211/81 Commission v Denmark [1982] ECR 4547, paragraph 16). | 36. In that regard, the existence of several criminal convictions is, in itself, irrelevant. | 0 |
868,011 | 32. Each Member State is best placed to identify, in the light of historical, legal, economic or social considerations specific to it, situations propitious to conduct liable to bring about breaches of those principles (see Michaniki , paragraph 56). | 65. Such a provision does not, therefore, obviate the need to ascertain whether the national prohibition at issue in the main proceedings is compatible with Articles 28 EC to 30 EC. | 0 |
868,012 | 20
Similarly, it must be remembered that, according to settled case-law, Directive 85/374 seeks to achieve, in the matters regulated by it, complete harmonisation of the laws, regulations and administrative provisions of the Member States (judgment of 20 November 2014, Novo Nordisk Pharma, C‑310/13, EU:C:2014:2385, paragraph 23 and the case-law cited). | 33. In those circumstances, the mere fact that the liquidator is a party to the proceedings is not sufficient to classify the proceedings brought before the Landgericht Braunschweig as proceedings deriving directly from the insolvency and being closely linked to proceedings for realising assets. | 0 |
868,013 | 156. Thus, the Court has already held that a national provision under which only fixed-term contracts that are separated by a period of time shorter than or equal to 20 working days are regarded as successive must be considered to be such as to compromise the object, the aim and the practical effect of the Framework Agreement. So inflexible and restrictive a definition of when a number of subsequent employment contracts are successive would allow insecure employment of a worker for years since, in practice, the worker would as often as not have no choice but to accept breaks in the order of 20 working days in the course of a series of contracts with his employer ( Adeneler and Others , paragraphs 84 and 85, and order in Vassilakis and Others , paragraphs 107 and 108). | 44. Where OHIM is called upon to give judgment in the context of opposition proceedings, taking such facts or evidence into account is particularly likely to be justified where OHIM considers, first, that the material which has been produced late is, on the face of it, likely to be relevant to the outcome of the opposition brought before it and, second, that the stage of the proceedings at which that late submission takes place and the circumstances surrounding it do not argue against such matters being taken into account. | 0 |
868,014 | 65. Although that global assessment implies some interdependence between the relevant factors, and a low degree of similarity between the marks may therefore be offset by the strong distinctive character of the earlier mark (see, to that effect, judgment of 7 May 2009 in Case C-398/07 P Waterford Wedgwood v Assembled Investments (Proprietary) and OHIM , not published in the ECR, paragraph 33), the fact remains that where there is no similarity between the earlier mark and the challenged mark, the reputation or recognition enjoyed by the earlier mark and the fact that the goods or services respectively covered are identical or similar are not sufficient for it to be found that there is a likelihood of confusion between the marks at issue or that the relevant public makes a link between them (see, to that effect, Case C-254/09 P Calvin Klein Trademark Trust v OHIM [2010] ECR I‑0000, paragraph 53 and the case-law cited). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
868,015 | 33
The objective characteristics and properties of products must be capable of being assessed at the time of customs clearance (judgments in Foods Import, C‑38/95, EU:C:1996:488, paragraph 17; Medion and Canon Deutschland, C‑208/06 and C‑209/06, EU:C:2007:553, paragraph 36; and ALKA, C‑635/13, EU:C:2015:268, paragraph 37). | 32 AS FULL RESPONSIBILITY IN THE MATTER OF COMMERCIAL POLICY WAS TRANSFERRED TO THE COMMUNITY BY MEANS OF ARTICLE 113 ( 1 ) MEASURES OF COMMERCIAL POLICY OF A NATIONAL CHARACTER ARE ONLY PERMISSIBLE AFTER THE END OF THE TRANSITIONAL PERIOD BY VIRTUE OF SPECIFIC AUTHORIZATION BY THE COMMUNITY .
| 0 |
868,016 | 42
Thirdly, it clearly follows from the schematic interpretation of the provisions in question adopted by the Court of Justice that, although the time limit set for the Commission to make its finding has been amended many times by the applicable rules, the EU legislature has, on each occasion, intended to impose on it a precise time limit, taking the view that it was in the interest of both the EU and its Member States that the end of the financial corrections procedure be foreseeable, which implies the setting of a predetermined time limit for adopting the final decision, while leaving the Commission sufficient time to adopt that decision (see, to that effect, judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 84 to 86 and 88, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 84 to 86 and 88). | 9 Il convient de rappeler à titre liminaire qu' il découle de l' économie générale de la réglementation en matière de prélèvement supplémentaire sur le lait qu' une quantité de référence ne peut être attribuée à un exploitant agricole que dans la mesure ou celui-ci a la qualité de producteur . Par conséquent, afin de pouvoir donner une réponse utile aux questions posées, il convient de partir de la notion de producteur au sens de la réglementation en cause . | 0 |
868,017 | 67. In so far as FLSmidth, instead of pleading breach of the principle of proportionality, seeks, by this line of argument, only a fresh appraisal of the amount for which it has been held jointly and severally liable, it is to be recalled that, in accordance with its settled case-law, it is not for the Court of Justice, when ruling on points of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the General Court exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of European Union law (see, inter alia, Case C‑70/12 P Quinn Barlo and Others v Commission EU:C:2013:351, paragraph 57 and the case-law cited). | 23 Article 5 sets, in principle, at six months, whether continuous or not, the period for temporary importation of a private vehicle for business use during which such a vehicle may remain in Greece. The exemption does not apply if the vehicle is used to transport persons or for the industrial or commercial transport of goods, whether for payment or not. | 0 |
868,018 | 64. Even in the absence of harmonisation on the issue, the freedom to provide services, as a fundamental principle of the Treaty, can be limited only by legislation justified by overriding requirements relating to the public interest, and applicable to all individuals and undertakings carrying on business in the territory of the host State, to the extent that that interest is not safeguarded by the rules to which such a service provider is subject in the Member State in which it is established (see, in particular, Arblade and Others , paragraphs 34 and 35; Case C-164/99 Portugaia Construções [2002] ECR I-787, paragraph 19, and Case C-445/03 Commission v Luxembourg [2004] ECR I-10191, paragraph 21). | 65. On the other hand, that provision does not cover the functions of depositary of undertakings for collective investment, such as those set out in Articles 7(1) and (3) and 14(1) and (3) of Directive 85/611. Those functions do not fall under the management of undertakings for collective investment but under the control and supervision of their activities, the aim being to ensure that undertakings for collective investment are managed in accordance with the law. | 0 |
868,019 | 54. With regard to the alleged distortion of the evidence by the General Court, although it is true that the Commission, in accordance with settled case-law, has expressly pleaded such distortion (see, inter alia, order in Walcher Meßtechnik v OHIM , C‑374/14 P, EU:C:2015:101, paragraph 27), it should, however, be noted that, according to equally settled case-law, that distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and evidence (see judgment in Tomra Systems and Others v Commission , C‑549/10 P, EU:C:2012:221, paragraph 27 and the case-law cited). | 9 The Court has consistently held that a Member State cannot rely on provisions, practices or circumstances in its internal legal system to justify its failure to comply with obligations and time-limits laid down in Community directives (see, in particular, Case C-246/88 Commission v Italy [1991] ECR I-2049). | 0 |
868,020 | 27. In that regard, it is also apparent from case-law that the rules regarding equality of treatment between nationals and non-nationals prohibit not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead to the same result (see, inter alia, Case C‑29/95 Pastoors and Trans-Cap [1997] ECR I-285, paragraph 16; Case C‑224/00 Commission v Italy [2002] ECR I-2965, paragraph 15; and Case C‑28/04 Tod’s and Tod’s France [2005] ECR I‑5781, paragraph 19). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,021 | 59. While the Court of Justice has concluded from this that it is permissible, for the determination of the fine, to take into account both the undertaking’s overall turnover, which is an indication of the size of the undertaking and its economic strength, and that part of the turnover which derives from the goods which are the subject of the infringement and which therefore is capable of giving an indication of the scale of the infringement, it has nevertheless recognised that the overall turnover of an undertaking gives only an approximate and imperfect indication of the size of that undertaking ( Musique Diffusion française and Others v Commission , paragraph 121; Case C‑185/95 P Baustahlgewebe v Commission [1998] ECR I‑8417, paragraph 139; 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 243; Case C‑397/03 P Archer Daniels Midland and Archer Daniels Midland Ingredients v Commission [2006] ECR I‑4429, paragraph 100; and Case C‑510/06 P Archer Daniels Midland v Commission [2009] ECR I‑1843, paragraph 74). | 37 Professional secrecy entails not only establishing rules prohibiting disclosure of confidential information but also making it impossible for the authorities legally in possession of such information to use it, in the absence of an express provision allowing them to do so, for a reason other than that for which it was obtained. | 0 |
868,022 | 50. Also irrelevant is the fact that the works in question were intended to be used for the activities of KölnMesse, which ultimately has the right to use them in return for monthly payments (see, to that effect, Case C‑220/05 Auroux and Others [2007] ECR I‑385, paragraphs 33, 35 and 42). It should, moreover, be noted in that context that it is apparent from the documents of 8 December 2003 and 14 July 2004 headed ‘letter of intent’ – which have not been contested by the Federal Republic of Germany – that the City of Cologne agreed to accept financial responsibility for the project at issue in the event that, after 2012, KölnMesse is not in a position to pay the rent. | 49. In order to classify a domestic tax measure as ‘selective’, it is necessary to begin by identifying and examining the common or ‘normal’ regime applicable in the Member State concerned. It is in relation to this common or ‘normal’ tax regime that it is necessary, secondly, to assess and determine whether any advantage granted by the tax measure at issue may be selective by demonstrating that the measure derogates from that common regime inasmuch as it differentiates between economic operators who, in light of the objective assigned to the tax system of the Member State concerned, are in a comparable factual and legal situation (see, to that effect, Case C‑88/03 Portugal v Commission [2006] ECR I‑7115, paragraph 56). | 0 |
868,023 | 38. Such waste would be all the more damaging because the conditions for the installation, operation and use of the five types of equipment exhaustively listed in Article R. 6122‑26 of the Public Health Code are especially onerous, while the budgetary resources which the Member States are able to make available for up‑to-date treatment and, in particular, the subsidising of such equipment, are not unlimited, whatever the mode of funding applied (see, by analogy, with regard to medicinal products, Case C‑531/06 Commission v Italy [2009] ECR I‑4103, paragraph 57, and Joined Cases C‑171/07 and C‑172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I‑4171, paragraph 33). | 50. By contrast, terms ancillary to those that define the very essence of the contractual relationship cannot fall within the notion of the ‘main subject-matter of the contract’ within the meaning of Article 4(2) of Directive 93/13. | 0 |
868,024 | 70. In that regard, it is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons for a measure meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, judgments in Case C‑114/00 Spain v Commission [2002] ECR I‑7657, paragraphs 62 and 63, and Case C‑301/96 Germany v Commission [2003] ECR I‑0000, paragraph 87). | 30. To the extent that input VAT relating to expenditure incurred by a taxpayer is connected with activities which, in view of their non-economic nature, do not fall within the scope of the Sixth Directive, it cannot give rise to a right to deduct. | 0 |
868,025 | 19. It must be stated at the outset that the Court has consistently held that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant CN heading and of the section or chapter notes (see, inter alia, Case C‑459/93 Thyssen Haniel Logistic EU:C:1995:160, paragraph 8 and the case-law cited, and Case C‑291/11 TNT Freight Management (Amsterdam) EU:C:2012:459, paragraph 30). | 44
Fourthly, it is apparent from the judgments of 4 September 2014, Spain v Commission (C‑192/13 P, EU:C:2014:2156, paragraphs 10 to 12), and of 4 September 2014, Spain v Commission (C‑197/13 P, EU:C:2014:2157, paragraphs 10 to 12), that the discussions between the parties continued beyond the hearing in both cases in question and that the Commission had adopted the contested decision in those cases less than six months after the end of those discussions in one of them, facts which the Court of Justice would have taken into account if it had intended to restrict the scope of the interpretation given in those judgments. | 0 |
868,026 | 31. First, Annex I of Directive 2005/29 includes the commercial practices which are, in all circumstances, unfair and which, therefore, do not require a case-by-case assessment against the provisions of Articles 5 to 9 of that directive. Secondly, the practices which are not listed in that annex may be declared unfair after a case-by-case examination of their characteristics, having regard to the criteria set out in those Articles 5 to 9 ( Purely Creative and Others EU:C:2012:651, paragraph 45, and Köck EU:C:2013:14, paragraph 35). | 51 Consequently, in calculating rights of a financial nature such as a termination payment or salary increases, the transferee must take into account the entire length of service of the employees transferred, in so far as his obligation to do so derives from the employment relationship between those employees and the transferor, and in accordance with the terms agreed in that relationship. | 0 |
868,027 | 62. Furthermore, the precise prohibition laid down by Clause 4(1) of the framework agreement does not require the adoption of any further measure of the Community institutions (see, by analogy, Case 41/74 van Duyn [1974] ECR 1337, paragraph 6). Besides, the provision under consideration does not in any way confer on Member States the right, when transposing it into domestic law, to limit the scope of the prohibition laid down in respect of employment conditions (see, by analogy, Marshall , paragraph 55). | 30 THE APPLICATION IS THEREFORE INADMISSIBLE IN SO FAR AS IT IS BASED ON ARTICLES 173 AND 175 OF THE TREATY .
| 0 |
868,028 | 87. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 49. It is apparent from the scheme and spirit of the applicable legislation, specifically Article 49 of Regulation No 800/1999, that the latter seeks not automatically to deprive a diligent exporter of the refunds provided for when, despite having made every effort required of him, the exporter is unable to produce the documents required for the export refund to be paid, because those documents have been lost as a result of circumstances beyond his control (see, to that effect, judgment in Bonn Fleisch , C‑1/06, EU:C:2007:396, paragraph 46). | 0 |
868,029 | 39
It should be recalled at the outset that the Court has consistently held that the fact that a question submitted by the referring court refers only to certain provisions of EU law does not mean that the Court may not provide the national court with all the guidance on points of interpretation that may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to those points in its questions. It is, in this regard, for the Court to extract from all the information provided by the referring court, in particular from the grounds of the decision to make the reference, the points of EU law which require interpretation in view of the subject matter of the dispute (see, inter alia, judgment of 12 February 2015, Oil Trading Poland, C‑349/13, EU:C:2015:84, paragraph 45 and the case-law cited). | 19 It is not clear, on the other hand, that the condition of independence is satisfied. | 0 |
868,030 | 28. Further, the Court has stated that an economic entity is able, in certain sectors, to function without any significant tangible or intangible assets, and therefore the maintenance of the identity of such an entity following the transaction affecting it cannot, logically, depend on the transfer of such assets (see Süzen , paragraph 18; Joined Cases C‑127/96, C‑229/96 and C‑74/97 Hernández Vidal and Others [1998] ECR I‑8179, paragraph 31, and Joined Cases C‑173/96 and C‑247/96 Hidalgo and Others [1998] ECR I‑8237, paragraph 31). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,031 | 90. It is however for the party requesting access to refer to specific circumstances to establish an overriding public interest which justifies the disclosure of the documents concerned (judgment in Strack v Commission , C‑127/13 P, EU:C:2014:2250, paragraph 128 and case-law cited). | 24. If it is accepted that the Member States are free to impose additional conditions on the definition of self-provision, and thereby limit the situations which are covered by it, they would have the option of extending the services reserved for the universal service provider. However such extension would go against the purpose of the Directive, which, according to recital 8, aims to establish gradual and controlled liberalisation in the postal sector. | 0 |
868,032 | 17 The Court' s jurisdiction in the present case is not called into question by the terms of Article 180 of the Treaty, the specific provisions of which are not intended to provide an exhaustive list of the cases in which the Court has jurisdiction in actions concerning the Bank (Mills v EIB, paragraphs 16 and 17). | 23 It follows in particular that the owner of a trade mark protected by the legislation of a Member State cannot rely on that legislation in order to oppose the importation or marketing of a product which has been put on the market in another Member State by him or with his consent (see, in particular, Bristol-Myers Squibb, paragraph 45). Trade mark rights are not intended to allow their owners to partition national markets and thus assist the maintenance of price differences which may exist between Member States (see Bristol-Myers Squibb, paragraph 46). | 0 |
868,033 | 20
It follows that, when the Member States decide to implement the private copying exception provided for under that provision in their national law, they are required, in particular, to provide for the payment of fair compensation to rightholders (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraph 30, and 5 March 2015 in Copydan Båndkopi, C‑463/12, EU:C:2015:144, paragraph 19). | 48. The Court has earlier held that the mere acquisition of a holding of more than 10% of the capital of a company operating in the energy sector or any other acquisition conferring significant influence on such a company cannot, as a general rule, be regarded as a real and serious enough threat to security of supply ( Commission v Spain , paragraphs 38 and 51). | 0 |
868,034 | 116. The Court is required to determine the duration of the infringement. The duration must be assessed by reference to the time when the Court assesses the facts, not the time at which the case is brought before it by the Commission (see Case C‑177/04 Commission v France , paragraph 71, and Commission v Portugal , paragraph 45). | 66. More specifically, the data must be "collected for specified, explicit and legitimate purposes" (Article 6(1)(b) of Directive 95/46) and must be "adequate, relevant and not excessive" in relation to those purposes (Article 6(1)(c)). In addition, under Article 7(c) and (e) of the directive respectively, the processing of personal data is permissible only if it "is necessary for compliance with a legal obligation to which the controller is subject" or "is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller ... to whom the data are disclosed" . | 0 |
868,035 | 14 Il convient, en pareille hypothèse, pour déterminer la base juridique appropriée, d'apprécier si les mesures considérées se rattachent principalement à un domaine d'action, les effets sur d'autres politiques ne présentant qu'un caractère accessoire, ou si les deux aspects sont également essentiels. Dans le premier cas, le recours à une seule base juridique suffit (arrêts du 4 octobre 1991, Parlement/Conseil, 70/88, Rec. p. I-4529, point 17, et du 26 mars 1996, Parlement/Conseil, C-271/94, Rec. p. I-1689, points 32 et 33); dans l'autre, il est insuffisant (arrêts du 30 mai 1989, Commission/Conseil, 242/87, Rec. p. 1425, points 33 à 37, et du 7 mars 1996, Parlement/Conseil, C-360/93, Rec. p. I-1195, point 30) et l'institution est tenue d'adopter l'acte sur le fondement des deux dispositions qui fondent sa compétence (arrêt du 27 septembre 1988, Commission/Conseil, 165/87, Rec. p. 5545, points 6 à 13). Un tel cumul est toutefois exclu lorsque les procédures prévues pour l'une et l'autre base juridique sont incompatibles (arrêt du 11 juin 1991, Commission/Conseil, C-300/89, Rec. p. I-2867, points 17 à 21). | 16 Consequently, the amount of the benefit supplement for orphans must be calculated by comparing all the benefits intended for the maintenance of the orphan in question, actually provided in the Member State of residence, with all the benefits intended for the maintenance of the said orphan which he would be entitled to if resident in the other Member State (see Case C-188/90, paragraph 17). | 0 |
868,036 | 121. According to settled case‑law, the right to property under European Union law does not enjoy absolute protection. Consequently, the exercise of the right to property may be restricted, provided that those restrictions in fact correspond to objectives of public interest pursued by the European Union and do not constitute, in relation to the aim pursued, a disproportionate and intolerable interference, impairing the very substance of the right so guaranteed (see Case C‑84/95 Bosphorus [1996] ECR I‑3953, paragraph 21; Kadi and Al Barakaat International Foundation v Council and Commission , paragraph 355; and Case C‑548/09 P Bank Melli Iran v Council [2011] ECR I‑11381, paragraphs 89, 113 and 114). | 48. However, it should be observed, first, that the activity of the persons liable to finance the fair compensation, namely the making available to private users of reproduction equipment, devices and media, or their supply of copying services, is the factual precondition for natural persons to obtain private copies. Second, nothing prevents those liable to pay the compensation from passing on the private copying levy in the price charged for making the reproduction equipment, devices and media available or in the price for the copying service supplied. Thus, the burden of the levy will ultimately be born by the private user who pays that price. In those circumstances, the private user for whom the reproduction equipment, devices or media are made available or who benefit from a copying service must be regarded in fact as the person indirectly liable to pay fair compensation. | 0 |
868,037 | 31
A preliminary point to note is that, in so far as the Brussels I Regulation replaces, in the relations between Member States, the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ 1978 L 304, p. 36), as amended by the successive accession conventions for the new Member States, the interpretation provided by the Court in respect of the provisions of that convention is also valid for those of the regulation whenever the provisions of those instruments may be regarded as equivalent, which is the case as regards Article 23 of the Brussels I Regulation, which succeeded the first paragraph of Article 17 of the convention (see, to that effect, judgment of 7 July 2016, Hőszig, C‑222/15, EU:C:2016:525, paragraphs 30 and 31 and the case-law cited). | 44 Although it is true that the Republic of Austria has, from 12 December 1995, amended the AAVB in the way indicated by the Commission and that, from 6 February 1996, it has applied the new version of the AAVB to all procedures already underway on that date, it is also established that it has done nothing in relation to the contract-awarding procedures conducted entirely under the version of the AAVB applying on 1 January 1995, so that any effects contrary to Community law produced by these procedures still subsisted on the date on which the period set in the reasoned opinion expired. | 0 |
868,038 | 22. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the same way as nationality in the case of individuals, as the connecting factor with the legal system of a Member State (see Metallgesellschaft and Others , paragraph 42, and the case-law cited). Acceptance of the proposition that the Member State in which a resident subsidiary is established may freely apply different treatment merely by reason of the fact that the registered office of the parent company is situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Commission v France , paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metalgesellschaft and Others , paragraph 42; and Case C-446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 37). Freedom of establishment thus seeks to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination, even minimal, based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint-Gobain ZN , paragraph 35). | 60. À cet effet, les propositions de la Commission ne sauraient lier la Cour et ne constituent que des indications (voir, en ce sens, arrêt Commission/République tchèque, précité, point 43). | 0 |
868,039 | 49. It is true that there may be great differences in the types of obligations which directives impose on the Member States and therefore in the results which they must achieve. It is also common ground that provisions of a directive which concern only the relations between the Member States and the Commission may not require to be transposed (see, to that effect, Case C-32/05 Commission v Luxembourg [2006] ECR I-11323, paragraphs 35 and 36). That is however irrelevant for the outcome of the present dispute. It cannot be denied that Articles 9 and 11 of Directive 2003/87 govern the respective roles of the Commission and the Member States in the context of the procedure for adoption of the national allocation plans, that is to say the allocation of powers between them. Those provisions make it possible to determine whether the Member States enjoy a margin for manoeuvre when drawing up their plan and, as the case may be, what is the scope thereof. | 43. Second, the prevention of such a breakdown or the repairs occasioned by it, including the replacement of a prematurely defective component, is not beyond the actual control of that carrier, since the latter is required to ensure the maintenance and proper functioning of the aircraft it operates for the purposes of its business. | 0 |
868,040 | 37. The order for reference shows that the cases chosen as test cases in the proceedings before the national court concern United Kingdom-resident companies which received dividends from non-resident companies that are wholly owned by them. As the nature of the interest in question will confer on the holder definite influence over the company’s decisions and allow it to determine the company’s activities, the provisions of the EC Treaty on freedom of establishment will apply (Case C-251/98 Baars [2000] ECR I-2787, paragraphs 21 and 22; Case C‑436/00 X and Y [2002] ECR I‑10829, paragraphs 37 and 66 to 68; and Case C‑196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I‑0000, paragraph 31). | 28. The Court has already held that, while the imposition of a penalty payment seems particularly suitable for the purpose of inducing a Member State to put an end as soon as possible to a breach of obligations which, in the absence of such a measure, would be liable to persist, the imposition of a lump sum is prompted, essentially, by the assessment of the consequences for public and private interests of the failure of the Member State concerned to comply with its obligations, in particular where the breach has persisted for a long period after the judgment initially establishing it was delivered (see, inter alia, Case C-121/07 Commission v France [2008] ECR I-9159, paragraph 58). | 0 |
868,041 | 92. On the other hand, national provisions which apply to shareholdings acquired solely with the intention of making a financial investment without any intention to influence the management and control of the undertaking must be examined exclusively in light of the free movement of capital ( Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 35; Accor , paragraph 32; and Scheunemann , paragraph 23). | 56
It is stated in Article 2(2)(a) of Directive 2005/56 that a merger by acquisition is an operation whereby one or more companies, on being dissolved without going into liquidation, transfer all their assets and liabilities to another existing company, namely the acquiring company. | 0 |
868,042 | 21. Sigma and the Commission consider that the functioning of the Specific Mechanism presupposes that each of the parties concerned is to make a sincere effort to respect the other’s legitimate interests (see, by analogy, judgments in Boehringer Ingelheim and Others , C‑143/00, EU:C:2002:246, paragraph 62, and The Wellcome Foundation , C‑276/05, EU:C:2008:756, paragraph 34). That conclusion is supported by the fact that the Specific Mechanism expressly provides that a one-month period is to elapse before the importation can be carried out. | 50. Without necessarily implying an obligation to call for tenders, that obligation of transparency, which applies when the service concession in question may be of interest to an undertaking located in a Member State other than that in which the concession is granted, requires the concession-granting authority to ensure, for the benefit of any potential tenderer, a degree of publicity sufficient to enable the service concession to be opened up to competition and the impartiality of the award procedures to be reviewed ( Sporting Exchange , paragraphs 40 and 41 and the case-law cited). | 0 |
868,043 | 47. The Court has also held that, since it classifies machines capable of performing printing, electronic scanning and reproduction operations under CN code 9009 12 00 on the ground that none of the functions corresponding to those operations can be regarded as giving those machines their essential character, without, in principle, requiring all machines having those three functions to be classified as photocopiers, the relevant Commission regulation was valid (see, to that effect, Kip Europe and Others , paragraph 62). | 55. That argument cannot be accepted. | 0 |
868,044 | 29. It should be recalled in that regard that the Court held in that judgment that when a manufacturer of a product who, having no contractual relationship with the final consumer but being the first link in a chain of transactions which ends with that final consumer, grants the final consumer a price reduction using discount coupons received by retailers and reimbursed by the manufacturer to those retailers, the taxable amount for VAT purposes must be reduced by that reduction ( Elida Gibbs , paragraphs 31, 34 and 35). In the case which gave rise to the judgment in Elida Gibbs , the consideration received by the taxpayer, who was at the head of a chain of operations, was, in fact, actually reduced by the reduction granted by that taxpayer directly to the final consumer. | 80. Such an interpretation is all the more justified since all the earlier regulations, enacted both by the Council and by the Commission, confirm that the Commission is obliged to comply with a certain time-limit when it adopts a decision on financial corrections. | 0 |
868,045 | 69. In the actions in the main proceedings, the Kingdom of the Netherlands clearly chose to exercise its power of taxation over dividends paid by resident companies to taxpayers residing in other Member States. Non-resident taxpayers in receipt of those dividends thus find themselves in a situation comparable to that of resident taxpayers as regards the risk of a series of charges to tax on dividends paid by resident companies (see, by analogy, judgments in Commission v Spain , C‑487/08, EU:C:2010:310, paragraph 53; Commission v Germany , C‑284/09, EU:C:2011:670, paragraph 58; and order in Tate & Lyle Investments , C‑384/11, EU:C:2012:463, paragraph 33). | 15 It follows that the costs of the acquisition of certificates of authenticity must be regarded as an integral part of the "price paid or payable for the goods" and therefore of the customs value . | 0 |
868,046 | 19 On that point, it should be observed that, according to settled case-law, it is solely for the national courts before which proceedings are pending, and which must assume responsibility for the judgment to be given, to determine in the light of the particular circumstances of each case both the need for a preliminary ruling to enable them to give judgment and the relevance of the questions which they submit to the Court (see, inter alia, Case C-264/96 ICI v Colmer (HMIT) [1998] ECR I-4695, paragraph 15, and Joined Cases C-215/96 and C-216/96 Bagnasco and Others [1999] ECR I-135, paragraph 20). Consequently, Darbo's request that the question be reformulated in the terms which it indicates cannot be granted.
Substance | 86 Article 5(7) of the Sixth Directive provides that Member States may treat as supplies made for consideration the retention of goods by a taxable person or his successors when he ceases to carry out a taxable economic activity where the value added tax on such goods became wholly or partly deductible upon their acquisition or upon their application in accordance with Article 5(7)(a). Article 5(7)(c) thus authorises Member States to adopt a special provision for situations in which a taxable person ceases to trade. | 0 |
868,047 | 58. The differences in treatment authorised by Article 65(1)(a) TFEU must thus be distinguished from discrimination prohibited by Article 65(3). The case-law shows that, for national tax legislation 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 which it prescribes, between portfolio dividends from resident companies and those from companies established in a non-member State party to the EEA Agreement, must concern situations which are not objectively comparable or be justified by an overriding reason in the public interest (see Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 43; Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 29; Case C‑512/03 Blanckaert [2005] ECR I‑7685, paragraph 42; and Case C‑540/07 Commission v Italy [2009] ECR I‑10983, paragraph 49). | 8 AS STATED ABOVE , THE APPLICANT FURTHER REQUESTED THE COURT TO HOLD THAT SHE WAS ENTITLED TO INTEREST ON THE SUMS DUE TO HER BY WAY OF ARREARS OF REMUNERATION .
DEFAULT INTEREST | 0 |
868,048 | 60. It should in this regard be borne in mind that the Member States have the obligation to establish the Communities’ own resources (see Case C‑96/89 Commission v Netherlands [1991] ECR I‑2461, paragraph 38, and Commission v Germany , cited above, paragraph 45). Article 2(1) of Regulation No 1552/89 must be interpreted as meaning that the Member States may not dispense with determining claims, even where these are disputed; otherwise, it would have to be accepted that the financial equilibrium of the Communities may be disrupted by the conduct of a Member State (see, to that effect, Case C‑96/89 Commission v Netherlands , cited above, paragraph 37, and Case C‑348/97 Commission v Germany [2000] ECR I‑4429, paragraph 64). | 16 The term "supply of goods for the fuelling and provisioning of vessels" is capable of bearing several literal meanings . It could refer to the supply of goods which the recipient will use for the fuelling and provisioning of his vessels or the supply, at whatever stage it takes place, of goods which will subsequently be used for that purpose . | 0 |
868,049 | 24
As a preliminary point, it should be noted that, as is apparent from Article 1(1) and (2) and recitals 5 and 7 thereof in particular, the purpose of the Framework Decision is to replace the multilateral system of extradition based on the European Convention on Extradition of 13 December 1957 with a system of surrender between judicial authorities of convicted or suspected persons for the purpose of enforcing judgments or of conducting prosecutions, the system of surrender being based on the principle of mutual recognition (judgment of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 75 and the case-law cited). | 56. In that regard, suffice it to note that the use, by a third party, of a sign identical with, or similar to, the proprietor’s trade mark implies, at the very least, that that third party uses the sign in its own commercial communication. A referencing service provider allows its clients to use signs which are identical with, or similar to, trade marks, without itself using those signs. | 0 |
868,050 | 36. Although, admittedly, the Commission is obliged to indicate as precisely as possible the evidence sought and the matters to which the investigation must relate ( Roquette Frères , EU:C:2002:603, paragraph 83 and the case-law cited), it is, on the other hand, not essential in a decision ordering an inspection to define precisely the relevant market, to set out the exact legal nature of the presumed infringements or to indicate the period during which those infringements were committed, provided that that inspection decision contains the essential elements set out above (see, to that effect, Dow Chemical Ibérica and Others v Commission , EU:C:1989:380, paragraph 46, and Roquette Frères , EU:C:2002:603, paragraph 82). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,051 | 72. On that point, none of the parties has provided evidence to suggest that the information and consultation procedure was not properly followed and that the Estonian Government was not in a position to assert its interests as regards the proposal for a directive which led to the adoption of Directive 2003/54, as provided for by that procedure (see, by way of analogy, Halyvourgiki and Helleniki Halyvourgia v Commission , paragraph 15). | 53 On this point, it must be noted first of all that a transfer is a transaction consisting of the execution of an order for the transfer of a sum of money from one bank account to another. It is characterized in particular by the fact that it involves a change in the legal and financial situation existing between the person giving the order and the recipient and between those parties and their respective banks and, in some cases, between the banks. Moreover, the transaction which produces this change is solely the transfer of funds between accounts, irrespective of its cause. Thus, a transfer being only a means of transmitting funds, the functional aspects are decisive for the purpose of determining whether a transaction constitutes a transfer for the purposes of the Sixth Directive. | 0 |
868,052 | 37. Those conditions, read in the light of the fourth recital in the preamble to that directive, according to which beneficiaries of the right of residence must not become an unreasonable burden on the public finances of the host Member State, are based on the idea that the exercise of the right of residence of citizens of the Union can be subordinated to the legitimate interests of the Member States ( Baumbast and R , paragraph 90).
– Consideration of the first plea | 15 The same is true of those importers whose resale prices were taken into account for the construction of export prices and who are consequently concerned by the findings relating to the existence of dumping ( see judgments of 29 March 1979 in Case 118/77 ISO (( 1979 )) ECR 1277, paragraph 15, and of 21 February 1984 Allied Corporation I, cited above, paragraph 15 ). | 0 |
868,053 | 39. Other directives provide that the Member States are to take the necessary measures to ensure that certain objectives formulated in general and unquantifiable terms are attained, whilst leaving the Member States some discretion as to the nature of the measures to be taken (see, in that regard, Case C‑365/97 Commission v Italy (the ‘San Rocco’ case) [1999] ECR I‑7773, paragraphs 67 and 68, and Case C‑60/01 Commission v France , paragraph 27). | 72. Thirdly, it should be observed that there are certain densely populated areas which might be perceived by many pharmacists as very profitable, and consequently more attractive, such as those in urban areas. By contrast, other parts of the national territory might be considered to be less attractive, such as rural, geographically isolated or otherwise disadvantaged areas. | 0 |
868,054 | 35. First, that undertaking may have to bear the additional administrative and financial costs involved in any grant of such an authorisation. Second, the national legislation reserves the pursuit of self-employed activity to certain economic operators who satisfy predetermined requirements, compliance with which is a condition for the issue of that authorisation (see, in relation to the freedom to provide services, Case C‑76/90 Säger [1991] ECR I‑4221, paragraph 14, and Case C‑168/04 Commission v Austria [2006] ECR I‑9041, paragraph 40). | 44. In order to answer the question it is appropriate, at the outset, to consider whether the original taxation in Germany of the hire of a vehicle under a leasing contract and the subsequent refund of input tax were in accordance with the rules laid down by the Sixth and Eighth Directives. | 0 |
868,055 | 31 In those circumstances the threshold provided for in Article 9(b) of the Directive cannot be regarded as affecting victims' rights of access to the courts (Commission v Greece, cited above, paragraph 31). | 57. It must be observed that, as pointed out in paragraphs 34 and 35 above, the object of the Framework Decision is to replace the multilateral system of extradition between Member States with a simplified and more effective system of surrender between judicial authorities which facilitates and accelerates judicial cooperation. As stated in recital 5 in the preamble to the Framework Decision, the introduction of such a system of surrender makes it possible to remove the complexity and potential for delay inherent in the extradition procedures existing before the adoption of that decision. | 0 |
868,056 | 39 It should be borne in mind from the outset that the principle of equal pay set out in Article 119 of the Treaty, like the general principle of non-discrimination of which it is a particular expression, presupposes that male and female workers whom it covers are in comparable situations (see Case C-218/98 Abdoulaye and Others [1999] ECR I-5723, paragraph 16). | 15 Furthermore, pursuant to Article 19(2), the provisions of Article 19(1) are applicable by analogy to members of the family of the worker who reside in the territory of a Member State other than the competent State, as specified above, in so far as they are not entitled to sickness benefits under the legislation of the State in whose territory they reside. Subject to that latter proviso, it follows that members of the family of the worker are subject to the legislation of the State in which that person works so far as concerns the conditions of their entitlement to receive benefits; once that entitlement is recognized, they have the right to receive, at the expense of the State in which the person works, benefits in kind provided by the institution of their place of residence within the limits and in accordance with the provisions of the legislation administered by that institution. | 0 |
868,057 | 40. None the less, the Court has held that Article 17(6) of the Sixth Directive presupposes that the exclusions which Member States may retain pursuant to that provision were lawful under the Second Directive, which pre-dated the Sixth Directive (see Case C‑305/97 Royscot and Others [1999] ECR I‑6671, paragraph 21). | 35 As regards the latter principle, the Court has held that in the interests of legal certainty, which protects both the taxpayer and the administration, it is compatible with Community law to lay down reasonable time-limits for bringing proceedings (Aprile, paragraph 19, and the case-law cited therein). Such time-limits are not liable to render virtually impossible or excessively difficult the exercise of the rights conferred by Community law. In that context, a national limitation period of three years which runs from the date of the contested payment appears to be reasonable (see, in particular, Aprile, paragraph 19, and Dilexport, paragraph 26). | 0 |
868,058 | 28 It should be noted, however, that according to the case-law of the Court (see, in particular, Hoffmann-La Roche, paragraph 10, Case 3/78 Centrafarm v American Home Products [1978] ECR 1823, paragraphs 21 and 22, and Bristol-Myers Squibb, paragraphs 49 and 50) Article 36 does not permit the owner of the trade mark to oppose the reaffixing of the mark where such use of his trade mark rights contributes to the artificial partitioning of the markets between Member States and where the reaffixing takes place in such a way that the legitimate interests of the trade mark owner are observed. Protection of those legitimate interests means in particular that the original condition of the product inside the packaging must not be affected, and that the reaffixing is not done in such a way that it may damage the reputation of the trade mark and its owner. | 87. In that regard, the fact that the keys are handed over to the consumer and that payment is made by him in the Member State in which the trader is established does not prevent that provision from applying if the reservation was made and confirmed at a distance, so that the consumer became contractually bound at a distance. | 0 |
868,059 | 75. In the light of all the foregoing, it must be held that legislation such as that at issue in the main proceedings is capable of impeding imports of electricity, especially green electricity, from other Member States and that, in consequence, it constitutes a measure having equivalent effect to quantitative restrictions on imports, in principle incompatible with the obligations under EU law resulting from Article 34 TFEU, unless that legislation can be objectively justified (see, to that effect, inter alia, Commission v Austria , C‑320/03, EU:C:2005:684, paragraph 69).
The possible justification | 41. It must also be recalled, as the Court held at paragraph 59 of the judgment in Case C-167/97 Seymour-Smith and Perez [1999] ECR I-623, that the best approach to the comparison of statistics is to consider, on the one hand, the proportion of men in the workforce affected by the difference in treatment and, on the other, the proportion of women in the workforce who are so affected. | 0 |
868,060 | 22
As regards, first, the individual action brought by a consumer, the system of protection established by Directive 93/13 is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier as regards both his bargaining power and his level of knowledge (see judgment in Pereničová and Perenič, C‑453/10, EU:C:2012:144, paragraph 27 and the case-law cited). | 116. Thus, by limiting that programme to certain types of bonds issued only by those Member States which are undergoing a structural adjustment programme and which have access to the bond market again, the ECB has, de facto, restricted the volume of government bonds eligible to be purchased in the framework of the programme and, accordingly, has limited the scale of the programme’s impact on the financing conditions of the States of the euro area. | 0 |
868,061 | 42. Having regard to the objective of equal treatment between men and women which is pursued by the framework agreement on parental leave, as recalled in paragraph 35 above, Clause 2.6 must be interpreted as articulating a particularly important principle of Community social law which cannot therefore be interpreted restrictively (see, by analogy, Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 43; Case C‑307/05 Del Cerro Alonso [2007] ECR I‑7109, paragraph 38; Case C‑268/06 Impact [2008] ECR I‑2483, paragraph 114; and Joined Cases C‑350/06 and C‑520/06 Schultz-Hoff [2009] ECR I-0000, paragraph 22). | 86
The mechanisms set up by the Dublin III Regulation to collect the necessary information in the context of that process are therefore intended to be applied after an application for international protection has been lodged. | 0 |
868,062 | 57. It follows from the purpose of the Directive 76/308 that it is intended to ensure, in particular, the effective notification of all instruments and decisions, including those of a judicial nature, which emanate from the Member State in which the applicant authority is situated and which relate to a claim and/or to its recovery. However, that directive cannot attain that purpose unless it respects the legitimate interests of the addressees of the notifications (see, by analogy, Case C‑473/04 Plumex [2006] ECR I-1417, paragraph 21). | 29. It is only if, after a thorough analysis of the economic and legal context in which the agreements at issue in the main proceedings occur and the specificities of the relevant market, it is found that access to that market is made difficult by all the similar agreements found on the market, that it will then be necessary to analyse to what extent they contribute to any closing-off of that market, on the basis that only agreements which make an appreciable contribution to that closing-off are prohibited (see, by analogy, judgment in Delimitis , C‑234/89, EU:C:1991:91, paragraphs 23 and 24). To assess the extent of the contribution of each of the agreements at issue in the main proceedings to the cumulative closing-off effect, the position of the contracting parties on the market in question and the duration of the agreements must be taken into consideration (see, by analogy, judgment in Delimitis , C‑234/89, EU:C:1991:91, paragraph 25). | 0 |
868,063 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources available to persons and entities named in the lists contained in their annexes, and a bundle of individual decisions affecting those persons and entities (see, to that effect, judgments in Kadi and Al Barakaat International Foundation v Council and Commission, C‑402/05 P and C‑415/05 P, EU:C:2008:461, paragraphs 241 to 244, and Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2013:258, paragraph 56). | 77. Cependant, par dérogation à cette règle générale, certaines activités de nature économique ne sont pas soumises à la TVA. Une telle dérogation est prévue à l’article 13, paragraphe 1, premier alinéa, de la directive 2006/112, en vertu duquel les activités accomplies par des organismes de droit public agissant en qualité d’autorités publiques ne sont pas soumises à cette taxe. Toutefois, même lorsque ces organismes exercent une telle activité en leur qualité d’autorités publiques, ils doivent être considérés comme des assujettis, conformément, notamment, à l’article 13, paragraphe 1, second alinéa, de la directive 2006/112, dans la mesure où leur non-assujettissement conduirait à des distorsions de concurrence d’une certaine importance (voir, en ce sens, arrêts Isle of Wight Council e.a., précité, points 30 et 31, ainsi que du 4 juin 2009, SALIX Grundstücks-Vermietungsgesellschaft, C‑102/08, non encore publié au Recueil, points 62 et 63). | 0 |
868,064 | 49
In that context, it must be made clear that the person or entity concerned may, in the action challenging their retention on the list at issue, dispute all the material relied on by the Council to demonstrate that the risk of their involvement in terrorist activities is ongoing, irrespective of whether that material is derived from a national decision adopted by a competent authority or from other sources. In the event of challenge, it is for the Council to establish that the facts alleged are well founded and for the Courts of the European Union to determine whether they are made out (see, by analogy, judgments of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraphs 121 and 124, and of 28 November 2013, Council v Fulmen and Mahmoudian, C‑280/12 P, EU:C:2013:775, paragraphs 66 and 69). | 39. First, for periods of residence of up to three months, Article 6 of Directive 2004/38 limits the conditions and formalities of the right of residence to the requirement to hold a valid identity card or passport and, under Article 14(1) of the directive, that right is retained as long as the Union citizen and his family members do not become an unreasonable burden on the social assistance system of the host Member State. | 0 |
868,065 | 19 The Court has thus recognised that it is compatible with Community law for national rules to prescribe, in the interests of legal certainty, reasonable limitation periods for bringing proceedings. It cannot be said that this makes the exercise of rights conferred by Community law either virtually impossible or excessively difficult, even though the expiry of such limitation periods entails by definition the rejection, wholly or in part, of the action brought (see, in particular, Palmisani, paragraph 28; Case C-188/95 Fantask and Others [1997] ECR I-6783, paragraph 48; and Ansaldo Energia, paragraphs 17 and 18). | 48 The Court has thus acknowledged, in the interests of legal certainty which protects both the taxpayer and the authority concerned, that the setting of reasonable limitation periods for bringing proceedings is compatible with Community law. Such periods cannot be regarded as rendering virtually impossible or excessively difficult the exercise of rights conferred by Community law, even if the expiry of those periods necessarily entails the dismissal, in whole or in part, of the action brought (see, in particular, Case 33/76 Rewe v Landwirtschaftskammer Saarland [1976] ECR 1989, paragraph 5, Case 45/76 Comet v Produktschap voor Siergewassen [1976] ECR 2043, paragraphs 17 and 18, and Case C-261/95 Palmisani v Istituto Nazionale della Previdenza Sociale [1997] ECR I-0000, paragraph 28). | 1 |
868,066 | 51. Since the tax system under the Franco-Swedish agreement, as interpreted in the light of the commentaries on the OECD Model Tax Convention, forms part of the legal background to the main proceedings and has been presented as such by the national court, the Court of Justice must take it into account in order to give an interpretation of Community law that is relevant to the national court. It is not for the Court to interpret national law or to assess its application in the present case (see, inter alia, Case C-435/93 Dietz [1996] ECR I-5223, paragraph 39, and Case C-136/95 Thibault [1998] ECR I-2011, paragraph 21). | 34 The answer to the first question must therefore be that the expression `municipal/household waste' referred to under AD 160 in the amber list in Annex III to the Regulation, as amended by Decision 94/721, includes both waste which for the most part consists of waste mentioned on the green list in Annex II to the Regulation, mixed with other categories of waste appearing on that list, and waste mentioned on the green list mixed with a small quantity of materials not referred to on that list.
The second question, part (a) | 0 |
868,067 | 84. In that connection, it must be observed that the Court has already held that it would be incompatible with the Directive to restrict the identification of waters affected by pollution to cases where agricultural sources alone give rise to a concentration of nitrates in excess of 50 mg/1 when the Directive expressly provides that, in establishing the action programmes under Article 5, the respective nitrogen contributions originating from agricultural and other sources are to be taken into account (Case C-293/97 Standley and Others [1999] ECR I‑2603, paragraph 31). Consequently, the mere fact that domestic or industrial waste also contributes to the nitrates levels in Walloon waters is not in itself sufficient to exclude application of the Directive. | 31 As is clear from the scheme of the Directive, the identification of waters within the meaning of Article 3(1) forms part of a process which also encompasses the designation of vulnerable zones and the establishment of action programmes. It would thus be incompatible with the Directive to restrict the identification of waters affected by pollution to cases where agricultural sources alone give rise to a concentration of nitrates in excess of 50 mg/1 when, within the framework of that process, the Directive expressly provides that, in establishing the action programmes under Article 5, the respective nitrogen contributions originating from agricultural and other sources are to be taken into account. | 1 |
868,068 | 35. It is apparent from the case-law relating to the characterisation of an operator as ‘of a similar nature’ to a hospital or a centre for medical treatment or diagnosis within the meaning of Article 13(A)(1)(b) of the Sixth Directive that, in particular, the concept of ‘establishment’ suggests the existence of an individualised entity performing a particular function (see judgment in Gregg , C‑216/97, EU:C:1999:390, paragraph 18). The Court has also held that a laboratory governed by private law and undertaking diagnostic medical tests must be regarded as being an establishment ‘of a similar nature’ to ‘hospitals’ and ‘centres for medical treatment or diagnosis’ within the meaning of that provision since diagnostic medical tests, in the light of their therapeutic purpose, come within the concept of ‘medical care’ as referred to in that provision (see judgments in L.u.P. , C‑106/05, EU:C:2006:380, paragraphs 18 and 35, and CopyGene , C‑262/08, EU:C:2010:328, paragraph 60). | 13 In that connection, it should be observed that it is for all the authorities of the Member States, whether it be the central authorities of the State or the authorities of a federated State, or other territorial authorities, to ensure observance of the rules of Community law within the sphere of their competence . However, it is not for the Commission to rule on the division of competences by the institutional rules proper to each Member State, or on the obligations which may be imposed on federal and Laender authorities respectively . It may only verify whether the supervisory and inspection procedures established according to the arrangements within the national legal system are in their entirety sufficiently effective to enable the Community requirements to be correctly applied . | 0 |
868,069 | 43. The Court notes that Directive 91/414 is aimed not only at improving plant production and removing barriers to intra-Community trade in plant products, but also at protecting human and animal health and the environment (see, to that effect, Case C‑174/05 Zuid‑Hollandse Milieufederatie and Natuur en Milieu [2006] ECR I-2443, paragraph 30). | 82. Avant de procéder à l’appréciation par la Cour de l’existence du manquement invoqué, il convient de rappeler que, si, dans le cadre d’une procédure en manquement en vertu de l’article 226 CE, il incombe à la Commission d’établir l’existence du manquement allégué en apportant 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; du 26 juin 2003, Commission/Espagne, C‑404/00, Rec. p. I‑6695, point 26, et du 20 novembre 2008, Commission/Irlande, C‑66/06, point 78), les États membres sont tenus, en vertu de l’article 10 CE, de faciliter à la Commission l’accomplissement de sa mission (voir, notamment, arrêt du 26 avril 2005, Commission/Irlande, précité, point 42 et jurisprudence citée). Il s’ensuit notamment que, lorsque la Commission a fourni suffisamment d’éléments faisant apparaître certains faits situés sur le territoire de l’État membre défendeur, il incombe à celui-ci de contester de manière substantielle et détaillée les données ainsi présentées et les conséquences qui en découlent (arrêt du 26 avril 2005, Commission/Irlande, précité, point 44). | 0 |
868,070 | 39. There are two aspects to that concept. The first aspect, which is external, entails that the body is protected against external intervention or pressure liable to jeopardise the independent judgment of its members as regards proceedings before them ( Wilson , paragraphs 50 and 51). | 24. However, the provisions of that tax regime do not grant such a tax advantage where the losses are incurred by a permanent establishment situated in a Member State other than that in which the principal company is established. | 0 |
868,071 | 16 It is also settled case-law of the Court of Justice that a Member State cannot rely on provisions, practices or circumstances existing in its internal legal order to justify its failure to comply with the obligations and time-limits laid down by Community directives, nor therefore the late or incomplete transposition of a directive (see, in particular, Case C-303/92 Commission v Netherlands [1993] ECR I-4739, paragraph 9, and Case C-139/97 Commission v Italy [1998] ECR I-605, paragraphs 9 to 11). | 62. In the light of all those factors, it must be held that the Court of First Instance was wrong to hold that the contested measure did not constitute a measure open to challenge which could be the subject of an action for annulment under Article 230 EC. It follows from the above considerations that, contrary to what was held by the Court of First Instance, an action against such a measure is admissible. | 0 |
868,072 | 179. In those circumstances, the economic and legal context of the coordination concerned includes, as the appellants, RBS and LBG maintain, the two-sided nature of MasterCard’s open payment system, particularly since it is undisputed that there is interaction between the two sides of that system (see, by analogy, judgments in Delimitis , EU:C:1991:91, paragraphs 17 to 23, and Allianz Hungária Biztosító and Others , C‑32/11, EU:C:2013:160, paragraph 42). | 10 IT SHOULD BE NOTED , IN THE FIRST PLACE , THAT THE EXPRESSION AT ISSUE FORMS PART OF A PROVISION OF COMMUNITY LAW WHICH DOES NOT REFER TO THE LAW OF THE MEMBER STATES FOR THE DETERMINING OF ITS MEANING AND ITS SCOPE .
| 0 |
868,073 | 25 In those circumstances, as the Court has already intimated, loss of entitlement to the subsidy, which flows from non-compliance with that obligation, is not disproportionate in relation to the objective which the Community has sought to attain (see the judgments in Case C-357/88 Hopermann [1990] ECR I-1669, paragraphs 15 and 16, and in Case C-358/88 Hopermann [1990] ECR I-1687, paragraphs 14 and 15). | 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 |
868,074 | 15. It is settled case-law that the Court of Justice has no jurisdiction to establish the facts or, without exception, to examine the evidence which the General Court accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced to it (see Case C-122/01 P T.Port v Commission [2003] ECR I‑4261, paragraph 27, and Case C‑167/06 P Komninou and Others v Commission [2007] ECR I-141, paragraph 40). Save where that evidence has been distorted, its appraisal therefore does not constitute a point of law which is subject, as such, to review by the Court of Justice (see, in particular, Case C-8/95 P New Holland Ford v Commission [1998] ECR I-3175, paragraph 26). | 15. CML and CARC were not immediately liable for the non-deductible VAT on the total cost of the equipment purchased, but on the amount of rent relating to that equipment, spread over the term of the leasing agreements. | 0 |
868,075 | 95. It must be borne in mind in that regard that, in accordance with the settled case-law of the Court, the reference date for the application of the second subparagraph of Article 108(2) TFEU is that provided for in the decision failure to implement which is denied or, where appropriate, that subsequently fixed by the Commission (see, inter alia, Case C-485/10 Commission v Greece , paragraph 31). | 34. The lease of a motor vehicle under a financial leasing contract may, nonetheless, present features which are comparable to those of the acquisition of capital goods. | 0 |
868,076 | 23
Furthermore, as regards the criticisms made of the Advocate General’s Opinion, it must be borne in mind, first, that the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court make no provision for interested parties to submit observations in response to the Advocate General’s Opinion (judgment of 4 September 2014, Vnuk, C‑162/13, EU:C:2014:2146, paragraph 30 and the case-law cited).. | 51. The reason for this is that, like Regulation No 2580/2001, that inclusion on the list is of general application. It serves, together with that regulation, to impose on an indeterminate number of persons an obligation to comply with specific restrictive measures against DHKP-C (see, by analogy, Kadi and Al Barakaat International Foundation v Council and Commission , paragraphs 241 to 244). | 0 |
868,077 | 28. As a preliminary point, it is clear from the Court’s case-law that the encouragement of recruitment constitutes a legitimate aim of social policy and that, in choosing the measures capable of achieving the aims of their social and employment policy, the Member States have a broad margin of discretion (see, inter alia, Case C‑167/97 Seymour-Smith and Perez [1999] ECR I‑623, paragraphs 71 and 74, and Case C‑187/00 Kutz-Bauer [2003] ECR I‑2741, paragraphs 55 and 56). | 20. Football Dataco and Others claim that they own, in respect of the English and Scottish football league fixture lists, a ‘sui generis’ right pursuant to Article 7 of Directive 96/9, a copyright pursuant to Article 3 of that directive, and a copyright under United Kingdom intellectual property legislation. | 0 |
868,078 | 62
Although it follows from the foregoing that the reasoning of the General Court in paragraphs 168 and 169 and paragraphs 186 and 187 of the judgment under appeal is vitiated by errors of law, it must be recalled that, if the grounds of a decision of the General Court disclose an infringement of EU law but its operative part is shown to be well founded on other legal grounds, such an infringement is not one that should cause that decision to be set aside, and a substitution of grounds must be made (see, to that effect, judgments of 9 June 1992, Lestelle v Commission, C‑30/91 P, EU:C:1992:252, paragraph 28, and of 9 September 2008, FIAMM and Others v Council and Commission, C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraph 187 and the case-law cited). | 60 If it is assumed that Ms Deliège's activity can be classified as a provision of services, it is necessary to consider whether the selection rules at issue in the main proceedings constitute a restriction on the freedom to provide services within the meaning of Article 59 of the Treaty. | 0 |
868,079 | 22
On the other hand, although it is for the national court alone to rule on the classification of allegedly unfair terms in accordance with the particular circumstances of the case, the fact remains that the Court has jurisdiction to elicit from the provisions of Directive 93/13, in this case Article 3(1) and Article 4(2), the criteria that the national court may or must apply when examining contractual terms with regard to those provisions (see, to that effect, judgments of 21 March 2013, RWE Vertrieb, C‑92/11, EU:C:2013:180, paragraph 48, and 23 April 2015, Van Hove, C‑96/14, EU:C:2015:262, paragraph 28). | 13 En ce qui concerne le grief selon lequel les règlements de la Commission n°s 1925/84 et 2222/85, précités, et, dans une moindre mesure, les règlements n°s 2077/86 et 2160/87, précités, ne contiennent pas une détermination du dépassement du seuil de garantie au regard de la moyenne des quantités produites au cours des trois campagnes précédentes, il convient de reconnaître que les considérants des règlements en cause ne se réfèrent effectivement qu' à la seule campagne précédant celle pour laquelle l' aide doit être fixée, au cours de laquelle le seuil de garantie a été dépassé . Cependant, il y a lieu de considérer que cette omission ne constitue qu' une erreur de rédaction qui n' est pas de nature à entacher les règlements d' un vice de motivation, car elle n' a pu en aucun cas induire les intéressés en erreur quant à la justification de la mesure prise par l' autorité communautaire . Comme l' avocat général l' a d' ailleurs relevé aux points 55 et suivants de ses conclusions, cette erreur de rédaction ne figure pas dans l' ensemble des versions linguistiques . Or, celles-ci doivent être prises en compte dès lors que l' une des versions d' un texte présente des incohérences avec la lettre et l' esprit de la réglementation globale dont il fait partie . | 0 |
868,080 | 46. That is true, in particular, of a measure under which a distinction is drawn on the basis of residence or ordinary residence, inasmuch as that requirement is liable to operate mainly to the detriment of nationals of other Member States, since persons who are not resident or ordinarily resident on the national territory are in the majority of cases foreigners (see, inter alia, Case C‑224/97 Ciola [1999] ECR I‑2517, paragraph 14; Case C‑388/01 Commission v Italy [2003] ECR I‑721, paragraph 14, and Gottwald , paragraph 28). | 42 The Commission' s amendments to its proposal thus did not affect the very essence of the Regulation taken as a whole, and therefore did not make it necessary for the Parliament to be consulted anew. | 0 |
868,081 | 44 In order to give a helpful reply to that enquiry, it should be recalled that it is established case-law that Articles 85 and 86 of the Treaty, read together with Article 5 of the Treaty, require the Member States to refrain from introducing or maintaining in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (judgment in Centro Servizi Spediporto, paragraph 20). | 4 As well as making certain exceptions to that rule, Directive 92/83 provides for certain exemptions inspired in most cases by the wish to neutralise the impact of excise duties on alcohol used as an intermediate product in other commercial or industrial products. | 0 |
868,082 | 39. It is, admittedly, true that the Court has held in other cases that the second sentence of the first paragraph of Article 43 EC leaves traders free to choose the appropriate legal form in which to pursue their activities in another Member State and that freedom of choice must not be limited by discriminatory tax provisions (see, to that effect, Commission v France , paragraph 22; Oy AA , paragraph 40; and Case C‑253/03 CLT-UFA [2006] ECR I‑1831, paragraph 14). | 23. In those circumstances, it cannot be considered that the Commission based its action on mere presumptions without providing the evidence necessary to enable the Court to assess the infringement which the Portuguese Republic is alleged to have committed. | 0 |
868,083 | 35. Article 108 TFEU establishes different procedures according to whether the aid is existing or new. Whilst under Article 108(3) TFEU new aid must be notified to the Commission and may not be implemented until that procedure has led to a final decision, under Article 108(1) TFEU existing aid may be lawfully implemented so long as the Commission has made no finding of incompatibility (judgment in P , EU:C:2013:525, paragraph 36 and the case-law cited). | 19. Par conséquent, les dispositions concernant lesdites exonérations doivent recevoir une interprétation autonome, fondée sur leur libellé et sur les finalités poursuivies par la directive 2003/96 (arrêt du 1 er décembre 2011, Systeme Helmholz, C-79/10, non encore publié au Recueil, point 19). | 0 |
868,084 | 13
However, the Statute and those Rules make no provision for interested parties to submit observations in response to the Advocate General’s Opinion (judgment of 4 September 2014, Vnuk, C‑162/13, EU:C:2014:2146, paragraph 30 and the case-law cited). | 23 As a preliminary point, it must be noted that any derogation from or exception to a general rule must be interpreted strictly. | 0 |
868,085 | 27
In that connection, it must be recalled that Article 1(2) of Directive 93/13 introduces an exclusion into the scope of the directive which covers terms which reflect mandatory statutory or regulatory provisions (judgment of 10 September 2014, Kušionová, C‑34/13, EU:C:2014:2189, paragraph 76, and, to that effect, judgment of 21 March 2013, RWE Vertrieb, C‑92/11, EU:C:2013:180, paragraph 25). | 27. According to the Finnish, French and United Kingdom Governments, that provision clearly shows that Member States are entitled to reserve the benefit of the tax credit for dividends paid by companies established in their territory. | 0 |
868,086 | 33 Accordingly, the question whether the restrictions referred to in paragraph 29 of this judgment are justified must be examined simultaneously in the light of both Article 30 and Article 59 of the Treaty, in order to determine whether the national measure at issue in the main proceedings pursues an objective of public interest and whether it complies with the principle of proportionality, that is to say whether it is appropriate for securing the attainment of that objective and does not go beyond what is necessary in order to attain it (see, in particular, Case C-76/90 Säger [1991] ECR I-4221, paragraph 15; Joined Cases C-369/96 and C-376/96 Arblade and Others [1999] ECR I-8453, paragraph 35; and Corsten, paragraph 39). | 18 LA COUR A CONSTATE QUE LES DEUX CATEGORIES DE PRODUITS PRESENTENT DES CARACTERISTIQUES DIFFERENTES, TANT DU FAIT DE LEURS QUALITES ORGANOLEPTIQUES QUE DU POINT DE VUE DE LEUR SUSCEPTIBILITE DE REPONDRE AUX MEMES BESOINS DES CONSOMMATEURS . LA COUR A DONC CONCLU QUE CES DEUX CATEGORIES DE PRODUITS NE SONT PAS SIMILAIRES AU SENS DE L' ARTICLE*95 . | 0 |
868,087 | 71. Since application of Article 3(1) and (2) of that directive is thus subject to the identification of the Member State in whose territory the information society service provider is actually established ( eDate Advertising and Others , paragraph 68), it is for the national court to ascertain whether the defendant is actually established in the territory of a Member State. In the absence of such establishment, the mechanism laid down in Article 3(2) of Directive 2000/31 does not apply. | 85. None the less, as the German Government expressly confirmed at the hearing, it is undisputed that the Federal Republic of Germany has not availed itself of that possibility of derogation. | 0 |
868,088 | 43 According to settled case-law (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5), the prohibition laid down in Article 30 of the Treaty covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade. | 26. It is also settled case-law that the Explanatory Notes, drawn up by the Commission as regards the CN and by the WCO as regards the HS, are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force (see, inter alia, judgment in TNT Freight Management (Amsterdam) , C‑291/11, EU:C:2012:459, paragraph 32). | 0 |
868,089 | 12 As regards the first part of the question, as thus reworded, the Court has consistently held that, under the principle of cooperation laid down in Article 5 of the Treaty, it is for the Member States to ensure the legal protection which individuals derive from the direct effect of Community law. In the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law. However, such rules must not be less favourable than those governing similar domestic actions nor render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see, in particular, the judgments in Case 33/76 Rewe v Landwirtschaftskammer fuer das Saarland [1976] ECR 1989, paragraph 5, Case 45/76 Comet v Produktschap voor Siergewassen [1976] ECR 2043, paragraphs 12 to 16, Case 68/79 Hans Just v Danish Ministry for Fiscal Affairs [1980] ECR 501, paragraph 25, Case 199/82 Amministrazione delle Finanze dello Stato v San Giorgio [1983] ECR 3595, paragraph 14, Joined Cases 331/85, 376/85 and 378/85 Bianco and Girard v Directeur Général des Douanes des Droits Indirects [1988] ECR 1099, paragraph 12, Case 104/86 Commission v Italy [1988] ECR 1799, paragraph 7, Joined Cases 123/87 and 330/87 Jeunehomme and EGI v Belgian State [1988] ECR 4517, paragraph 17, Case C-96/91 Commission v Spain [1992] ECR I-3789, paragraph 12, and Joined Cases C-6/90 and C-9/90 Francovich and Others v Italian Republic [1991] ECR I-5357, paragraph 43). | 32 It is clear from the 1st, 2nd and 19th recitals in the preamble to Regulation No 2408/92 that the purpose of that regulation is, inter alia, to define the conditions for applying in the air transport sector the principle of the freedom to provide services which is enshrined in, inter alia, Articles 59 and 61 of the Treaty, so that all matters of market access are dealt with in the same regulation. | 0 |
868,090 | 21
However, the Court has consistently held that it is for it to determine whether or not the alleged breach of obligations exists, even if the State concerned does not deny the breach (judgment of 10 March 2016, Commission v Spain, C‑38/15, not published, EU:C:2016:156, paragraph 29 and the case-law cited). | 33. If, as submitted by the applicants in the main proceedings and Ireland, that legislation has restrictive effects on the free movement of services and the free movement of capital, such effects are an unavoidable consequence of any restriction on freedom of establishment and do not justify, in any event, an independent examination of that legislation in the light of Articles 49 EC and 56 EC (see, to that effect, Case C-36/02 Omega [2004] ECR I‑9609, paragraph 27). | 0 |
868,091 | 27. It must be observed that according to settled case-law the definition of ‘body governed by public law’, a concept of Community law which must be given an autonomous and uniform interpretation throughout the Community, is defined in functional terms exclusively under the three cumulative conditions in the second subparagraph of Article 1(b) of Directives 93/36 and 93/37 (see, to that effect, Mannesmann Anlagenbau Austria and Others , paragraphs 20 and 21; Case C-470/99 Universale-Bau and Others [2002] ECR I-11617, paragraphs 51 to 53; Case C-214/00 Commission v Spain [2003] ECR I-4667, paragraphs 52 and 53; and Case C-283/00 Commission v Spain [2003] ECR I-11697, paragraph 69). | 15 IT MUST THEREFORE BE CONCLUDED THAT FLOUR EXTRACTED FROM SOYA MUST BE CLASSIFIED IN HEADING EX 23.04 OF THE COMMON CUSTOMS TARIFF AND THAT IT IS THEREFORE INCLUDED AMONG THE PRODUCTS LISTED IN ARTICLE 1 ( 2 ) OF REGULATION NO 136/66/EEC OF THE COUNCIL ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS .
| 0 |
868,092 | 47 As to that, although the imposition of price controls is indeed a factor which may, in certain conditions, distort competition between Member States, that circumstance cannot justify a derogation from the principle of free movement of goods. It is well settled that distortions caused by different price legislation in a Member State must be remedied by measures taken by the Community authorities and not by the adoption by another Member State of measures incompatible with the rules on free movement of goods (see Case 16/74 Winthrop [1974] ECR 1183, paragraph 17; Joined Cases 55/80 and 57/80 Musik-Vertrieb Membran and K-tel International v GEMA [1981] ECR 147, paragraph 24; and Joined Cases C-427/93, C-429/93 and C-436/93 Bristol-Myers Squibb and Others [1996] ECR I-3457, paragraph 46). | 75. Under Article 47 EU, none of the provisions of the EC Treaty may be affected by a provision of the EU Treaty. That requirement appears in the first paragraph of Article 29 EU, which introduces Title VI of the EU Treaty, entitled ‘Provisions on police and judicial cooperation in criminal matters’ (Case C-440/05 Commission v Council , paragraph 52). | 0 |
868,093 | 28. Finally, it should be recalled that the purpose of the transitional arrangements relating to VAT applicable to intra-Community trade established by the directive is to transfer the tax revenue to the Member State in which final consumption of the goods supplied takes place (see, inter alia, Joined Cases C‑536/08 and C‑539/08 X and Fiscale eenheid Facet-Facet Trading [2010] ECR I‑3581, paragraph 30, and Case C‑84/09 X [2010] ECR I‑11645, paragraphs 22 and 31). Thus, the derogation in Article 17(2)(f) of the directive must be interpreted, in particular, in the light of that objective. | 89
In addition, as regards measures of general application, the statement of reasons may be limited to indicating, first, the general situation which led to its adoption and, second, the general objectives which the measure at issue is intended to achieve (see, inter alia, judgment of 9 September 2004, Spain v Commission, C‑304/01, EU:C:2004:495, paragraph 51). | 0 |
868,094 | 88. It follows from this that the EC Treaty and the ECSC Treaty are independent treaties and that, consequently, the EC Treaty and the secondary legislation enacted on the basis of it cannot produce effects in areas that fall within the scope of the ECSC Treaty (see, to that effect, Joined Cases 188/80 to 190/80 France and Others v Commission [1982] ECR 2545, paragraph 31). The provisions of the EC Treaty only apply in the alternative, in situations in which there is no specific rule under the ECSC Treaty (see, in particular, Case 328/85 Deutsche Babcock [1987] ECR 5119, paragraphs 6 to 14). | 50. Moreover, it is necessary to bear in mind in that regard that, in accordance with settled case-law, the concept of ‘waste’ must not be understood as excluding substances and objects which have a commercial value and which are capable of economic reutilisation (see, to that effect, Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus , paragraph 29). | 0 |
868,095 | Toutefois, la Cour a jugé que l’identité entre deux marques et, a fortiori, leur simple similitude ne suffisent pas à conclure à l’existence d’un lien entre ces marques (arrêt du 27 novembre 2008, Intel Corporation, C‑252/07, EU:C:2008:655, point 45). | 57. The decisive factor for attributing the statements of an official to the State is whether the persons to whom the statements are addressed can reasonably suppose, in the given context, that they are positions taken by the official with the authority of his office. | 0 |
868,096 | 48. As regards the case-law relied on by the United Kingdom Government according to which a taxable person acquires that status definitively only if he made the declaration of intention to begin the envisaged economic activities in good faith (see, inter alia, Case C-400/98 Breitsohl [2000] ECR I-4321, paragraph 39, and Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 46), suffice it to observe that, as the Advocate General pointed out in point 35 of his Opinion, that case-law concerns the intention to commence and thus engage in economic activities and not the intended purpose of the economic activities themselves. | 29. The expression ‘use of the mark as a trade mark’ must therefore be understood as referring solely to use of the mark for the purposes of the identification, by the relevant class of persons, of the product or service as originating from a given undertaking. | 0 |
868,097 | 59 The Court has consistently held in this regard that it is incumbent on the national courts to safeguard the rights of individuals when faced with any disregard by national authorities of the prohibition on the implementation of aid, which is set out in the final sentence of Article 93(3) of the Treaty and is directly effective. Such disregard, if relied on by individuals and confirmed by the national courts, must lead those courts to draw from it all the consequences in accordance with their national law, without their decisions, however, implying an assessment of the compatibility of the aid with the common market, which is a matter within the exclusive competence of the Commission, subject to review by the Court (see CELBI, cited above, paragraph 23, Case C-354/90 Fédération Nationale du Commerce Extérieur des Produits Alimentaires and Syndicat National des Négociants et Transformateurs de Saumon [1991] ECR I-5505, paragraph 14, and Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraphs 40 and 42). | 14 In this respect it should be noted, as did the Advocate General in point 24 of his Opinion, that the principal and exclusive role conferred on the Commission by Articles 92 and 93 of the Treaty, which is to hold aid to be incompatible with the common market where this is appropriate, is fundamentally different from the role of national courts in safeguarding rights which individuals enjoy as a result of the direct effect of the prohibition laid down in the last sentence of Article 93(3) of the Treaty. Whilst the Commission must examine the compatibility of the proposed aid with the common market, even where the Member State has acted in breach of the prohibition on giving effect to aid, national courts do no more than preserve, until the final decision of the Commission, the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by the last sentence of Article 93(3) of the Treaty. When those courts make a ruling in such a matter, they do not thereby decide on the compatibility of the aid with the common market, the final determination on that matter being the exclusive responsibility of the Commission, subject to the supervision of the Court of Justice. | 1 |
868,098 | 42. In the procedure established by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the Court to provide the national court with an answer which will be of use to it and enable it to determine the case before it. In that light, the Court may have to reformulate the questions referred to it (see, inter alia, Case C‑334/95 Krüger [1997] ECR I‑4517, paragraphs 22 and 23, and Case C‑243/09 Fuß [2010] ECR I‑9849, paragraph 39 and the case-law cited). To that end, the Court may extract from all the information provided by the national court, in particular from the grounds of the decision to make the reference, the legislation and the principles of European Union law that require interpretation in view of the subject-matter of the dispute in the main proceedings (see, to that effect, inter alia, Case 83/78 Redmond [1978] ECR 2347, paragraph 26; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 34; and Fuß , paragraph 40). | 28 In that connection it should be stated that the applicant State has not been able to show that the Commission' s findings were inaccurate . Those findings are capable of giving rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures as regards the conditions for the grant of premiums in the Land in question . | 0 |
868,099 | 46. As the Court indicated at paragraph 56 of its judgment in Portugal v Commission , in order to determine whether the measure at issue is selective, it is appropriate to examine whether, within the context of a particular legal system, that measure constitutes an advantage for certain undertakings in comparison with others which are in a comparable legal and factual situation. | 73. La condamnation au paiement d’une somme forfaitaire et la fixation du montant éventuel de cette somme doivent, dans chaque cas d’espèce, demeurer fonction de l’ensemble des éléments pertinents ayant trait tant aux caractéristiques du manquement constaté qu’à l’attitude propre à l’État membre concerné par la procédure initiée sur le fondement de l’article 260 TFUE. À cet égard, celui-ci investit la Cour d’un large pouvoir d’appréciation afin de décider de l’infliction ou non d’une telle sanction et de déterminer, le cas échéant, son montant (voir arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 114). | 0 |
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