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868,200 | 54. Article 29 EC prohibits all measures which have as their specific object or effect the restriction of patterns of exports and thereby the establishment of a difference in treatment between the domestic trade of a Member State and its export trade, in such a way as to provide a particular advantage for national production or for the domestic market of the State in question (see, inter alia , with respect to national measures, Case C-209/98 Sydhavnens Sten & Grus [2000] ECR I-3743, paragraph 34). | En effet, à l’instar des lignes directrices de 1998, c’est dans un souci de transparence que la Commission a adopté les lignes
directrices de 2006, dans lesquelles elle indique à quel titre elle prendra en considération telle ou telle circonstance de
l’infraction et les conséquences qui pourront en être tirées sur le montant de l’amende (voir, en ce sens, s’agissant des
lignes directrices de 1998, arrêt du 8 décembre 2011, KME Germany e.a./Commission, C‑389/10 P, EU:C:2011:816, point 126, et,
s’agissant des lignes directrices de 2006, arrêt du 20 janvier 2016, Toshiba Corporation/Commission, C‑373/14 P, EU:C:2016:26,
point 83). | 0 |
868,201 | 27
In the second place, it should be pointed out that an error by the General Court in the assessment of the severability of a provision of an act of EU law is an error of law which is subject to review by the Court of Justice (for such a review, see, inter alia, judgment of 29 March 2012, Commission v Estonia, C‑505/09 P, EU:C:2012:179, paragraphs 110 to 122). | 37 IT SHOULD BE REMEMBERED THAT , IN DETERMINING THEIR POLICY IN THIS AREA , THE COMPETENT COMMUNITY INSTITUTIONS ENJOY WIDE DISCRETIONARY POWERS REGARDING NOT ONLY ESTABLISHMENT OF THE FACTUAL BASIS OF THEIR ACTION BUT ALSO DEFINITION OF THE OBJECTIVES TO BE PURSUED , WITHIN THE FRAMEWORK OF THE PROVISIONS OF THE TREATY , AND THE CHOICE OF THE APPROPRIATE MEANS OF ACTION .
| 0 |
868,202 | 23 Nevertheless, the resumption of milk production by that category of producers was envisaged only inasmuch as excluding them had constituted a breach of their legitimate expectation of being able to resume deliveries once their non-marketing or conversion undertaking had come to an end (Mulder and Von Deetzen, paragraphs 26 and 15 respectively). | 19 Nor is there any provision in the Directive which precludes a taxable person who wishes to retain part of an item of property amongst his private assets from excluding it from the VAT system. | 0 |
868,203 | 34
In order to determine whether a matter falls within the scope of Regulation No 1215/2012, it is necessary to identify the legal relationship between the parties to the dispute and to examine the basis and the detailed rules governing the bringing of the action (see, to that effect, judgments of 11 April 2013, Sapir and Others, C‑645/11, EU:C:2013:228, paragraph 34, and of 12 September 2013, Sunico and Others, C‑49/12, EU:C:2013:545, paragraph 35). | 65. S’il s’avère qu’un dispositif médical muni du marquage CE n’est pas conforme aux exigences essentielles prévues par la directive 93/42, l’État membre concerné est tenu, conformément à l’article 8, paragraphe 3, de cette directive, de prendre les mesures appropriées et d’en informer la Commission ainsi que les autres États membres. Par ailleurs, il résulte de l’article 18 de ladite directive que, sans préjudice de l’article 8, lorsqu’un État membre constate l’apposition indue de ce marquage, le fabricant ou son mandataire établi dans l’Union est tenu de cesser l’infraction dans les conditions fixées par cet État membre (arrêt Medipac-Kazantzidis, C-6/05, EU:C:2007:337, point 47). | 0 |
868,204 | 50. With regard, first of all, to the argument of the Spanish and Italian Governments, based on the necessity of ensuring fiscal, customs, and health control of tobacco products, it should be noted that it is for the national authorities, where they adopt a measure derogating from a principle enshrined by European Union Law, to show in each individual case that that measure is appropriate for securing the attainment of the objective relied upon and does not go beyond what is necessary to attain it. The reasons invoked by a Member State by way of justification must thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments (see Case C‑8/02 Leichtle [2004] ECR I‑2641, paragraph 45, and Case C‑73/08 Bressol and Others [2010] ECR I‑2735, paragraph 71). | 43. Article 3(2)(a) of Directive 2001/42 provides that a systematic environmental assessment is to be carried out for all plans and programmes which (i) are prepared for certain sectors and (ii) set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337. | 0 |
868,205 | 29. In particular, it is apparent from those recitals that there is no need to eliminate differences between national laws which cannot be expected to affect the functioning of the internal market and that, in order to leave as much scope for national decision as possible, it is sufficient to limit the harmonisation exercise to those domestic provisions that have the most direct impact on the functioning of the internal market (see, to that effect, Fundación Gala-Salvador Dalí and VEGAP , EU:C:2010:191, paragraphs 27 and 31). | 78. The General Court thus made an assessment of questions on which the Commission had not yet stated its position and confused different administrative and judicial procedural stages, which is incompatible with the system of the division of powers between the Commission and the Court of Justice and of the remedies laid down by the Treaty and with the requirements of the sound administration of justice (see, to that effect, Case C-60/81 IBM v Commission [1981] ECR 2639, paragraph 20). | 0 |
868,206 | 31. It follows that the Commission clearly did not comply with its obligation to impose provisional duties only where there is reason to believe that the undertaking has been breached. In the circumstances of the present case, such conduct must be regarded as a sufficiently serious breach of a rule of Community law satisfying one of the conditions for the incurring of non-contractual liability by the Community (see, inter alia , Bergaderm and Goupil , paragraphs 42 to 44, and Commission v Camar and Tico , paragraphs 53 and 54). | 19. As is clear from the seventh recital in the preamble, the Directive lists in an exhaustive manner the grounds for refusal or invalidity of registration concerning the trade mark itself. | 0 |
868,207 | 34 According to settled case-law, in order to determine whether a body making a reference is a court or tribunal for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, Dorsch Consult, paragraph 23, and the case-law there cited, and Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 33). | 66. D’autre part, il ressort également de la jurisprudence communautaire que ces exigences probatoires sont d’autant plus strictes lorsque, comme en l’espèce, les griefs de la Commission visent une pratique administrative. Ainsi, la Cour a jugé que, dans une telle hypothèse, la démonstration d’un manquement d’État nécessite la production d’éléments de preuve d’une nature particulière par rapport à ceux habituellement pris en compte dans le cadre d’un recours en manquement visant uniquement le contenu d’une disposition nationale et que, dans ces conditions, le manquement ne peut être établi que grâce à une démonstration suffisamment documentée et circonstanciée de la pratique reprochée à l’administration et/ou aux juridictions nationales et imputable à l’État membre concerné (voir, en particulier, arrêts du 12 mai 2005, Commission/Belgique, C-287/03, Rec. p. I‑3761, point 28, et du 27 avril 2006, Commission/Allemagne, C-441/02, Rec. p. I‑3449, point 49). De plus, il faut que la pratique administrative contraire aux exigences du droit communautaire présente un certain degré de constance et de généralité (voir, en ce sens, arrêts du 29 avril 2004, Commission/Allemagne, C-387/99, Rec. p. I-3751, point 42; du 26 avril 2005, Commission/Irlande, C-494/01, Rec. p. I‑3331, point 28, et du 27 avril 2006, Commission/Allemagne, précité, point 50). | 0 |
868,208 | 24
However, the measures which the Member States may adopt under Article 273 of the VAT Directive to ensure the correct collection of the tax and to prevent evasion must not go further than is necessary to attain those objectives and must not undermine the neutrality of VAT (judgments of 21 October 2010, Nidera Handelscompagnie, C‑385/09, EU:C:2010:627, paragraph 49 and the case-law cited, and of 5 October 2016, Maya Marinova, C‑576/15, EU:C:2016:740, paragraph 44 and the case-law cited). | 22. En effet, il existe un intérêt certain de l’Union à ce que, pour éviter des divergences d’interprétation futures, les dispositions ou les notions reprises du droit de l’Union reçoivent une interprétation uniforme, lorsqu’une législation nationale se conforme, pour les solutions qu’elle apporte à des situations ne relevant pas du champ d’application de l’acte de l’Union concerné, à celles retenues par ledit acte, afin d’assurer un traitement identique aux situations internes et aux situations régies par le droit de l’Union, quelles que soient les conditions dans lesquelles les dispositions ou les notions reprises du droit de l’Union sont appelées à s’appliquer (voir, en ce sens, arrêts Salahadin Abdulla e.a., précité, point 48; du 12 juillet 2012, SC Volksbank România, C‑602/10, points 87 et 88; Nolan, précité, point 46 et jurisprudence citée, ainsi que du 14 mars 2013, Allianz Hungária Biztosító e.a., C‑32/11, points 20 et 21). | 0 |
868,209 | 61 As the Court held in Case C-275/98 Unitron Scandinavia and 3-S [1999] ECR I-8291, paragraph 31, that principle implies, in particular, an obligation of transparency in order to enable the contracting authority to satisfy itself that the principle has been complied with. | 30. It follows from the foregoing that the application is admissible.
Substance | 0 |
868,210 | En l’espèce, l’arrêt attaqué satisfait aux exigences de motivation incombant au Tribunal, dès lors que ce dernier a fourni,
aux points 439 à 452 dudit arrêt, un exposé détaillé des facteurs dont il a tenu compte en fixant le montant de l’amende (voir,
en ce sens, arrêt du 22 novembre 2012, E.ON Energie/Commission, C‑89/11 P, EU:C:2012:738, point 133). En effet, cette motivation
permet aux intéressés, et aux requérantes en particulier, de connaître les motifs sur lesquels le Tribunal s’est fondé et
à la Cour de disposer des éléments suffisants pour exercer son contrôle dans le cadre des présents pourvois. | 54. However, such is not the case where, as in the case in the main proceedings, an EU measure expressly provides a case of exclusion from its scope. | 0 |
868,211 | 14 That principle is expressed in the settled case-law of the Court of Justice according to which, whilst Article 36 of the EC Treaty allows derogations from the fundamental principle of the free movement of goods by reason of rights recognised by national legislation in relation to the protection of industrial and commercial property, such derogations are allowed only to the extent to which they are justified by the fact that they safeguard the rights which constitute the specific subject-matter of that property. However, the exclusive right guaranteed by the legislation of a Member State on industrial and commercial property is exhausted when a product has been lawfully distributed on the market in another Member State by the actual proprietor of the right or with his consent (see in particular Joined Cases 55/80 and 57/80 Musik-Vertrieb Membran and K-tel International v GEMA [1981] ECR 147, paragraphs 10 and 15, and Case 58/80 Dansk Supermarked v Imerco [1981] ECR 181, paragraph 11). | 29. In particular, that provision may not be interpreted as allowing the national court, if it establishes that a penalty clause in a contract concluded between a seller or supplier and a consumer is unfair, to reduce the amount of the penalty imposed on the consumer instead of excluding the application of that clause in its entirety with regard to that consumer (judgment in Asbeek Brusse and de Man Garabito , EU:C:2013:341, paragraph 59). | 0 |
868,212 | 54
Moreover, all measures which prohibit, impede or render less attractive the exercise of freedom of establishment must be considered to be restrictions on that freedom (judgment of 8 March 2017, Euro Park Service, C‑14/16, EU:C:2017:177, paragraph 59 and the case-law cited). | 43. It follows from all the foregoing that it is not permissible for a Member State to make provision of the benefits in kind guaranteed by Article 31 of Regulation No 1408/71 to pensioners staying in a Member State other than the State in which they reside subject either to any authorisation procedure whatever or to the requirement that the illness which necessitated the treatment in question manifested itself suddenly during that stay, making that treatment immediately necessary.
The implementation in practice of Article 31 of Regulation No 1408/71 | 0 |
868,213 | 25 As the Court has held on several occasions, the dismissal of a female worker on account of pregnancy constitutes direct discrimination on grounds of sex, contrary to Article 5(1) of Directive 76/207 (Case C-179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I-3979, paragraph 13; Case C-421/92 Habermann-Beltermann [1994] ECR I-1657, paragraph 15; and Case C-32/93 Webb [1994] ECR I-3567, paragraph 19). | 83 Thus, the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate. | 0 |
868,214 | 33. A body which is established in one Member State but satisfies the conditions laid down in another Member State for the grant of tax advantages, is, as regards the grant by the latter Member State of tax advantages intended to encourage the charitable activities concerned, in a situation which is comparable to that of the bodies established in the latter Member State which are recognised as having charitable purposes (see, to that effect, Persche , paragraph 50). | 364. On this point, it is also to be taken into consideration that the contested regulation, in the version amended by Regulation No 561/2003, adopted following Resolution 1452 (2002), provides, among other derogations and exemptions, that, on a request made by an interested person, and unless the Sanctions Committee expressly objects, the competent national authorities may declare the freezing of funds to be inapplicable to the funds necessary to cover basic expenses, including payments for foodstuffs, rent, medicines and medical treatment, taxes or public utility charges. In addition, funds necessary for any ‘extraordinary expense’ whatsoever may be unfrozen, on the express authorisation of the Sanctions Committee. | 0 |
868,215 | 42. As regards the interpretation of Article 13(2)(a) of Regulation No 1408/71, it is true that, prior to the insertion of Article 13(2)(f) of that regulation, that provision was interpreted as meaning that an employed person who ceases carrying on his activities in the territory of one Member State and moves to another Member State without working there remains subject to the legislation of the Member State where he was last employed, regardless of how much time has elapsed since the end of the activities in question and the end of the employment relationship (Case 302/84 Ten Holder [1986] ECR 1821, paragraph 15), unless the cessation was definitive (Case C‑140/88 Noij [1991] ECR I‑387, paragraphs 9 and 10; and Case C‑215/90 Twomey [1992] ECR I‑1823, paragraph 10). | 42 It is also settled case-law that the special nature of certain services does not remove them from the ambit of the fundamental principle of freedom of movement (Case 279/80 Webb [1981] ECR 3305, paragraph 10, and Kohll paragraph 20), so that the fact that the national rules at issue in the main proceedings are social security rules cannot exclude application of Articles 59 and 60 of the Treaty (Kohll, paragraph 21). | 0 |
868,216 | 43. According to settled case-law, reliance by a national authority on the concept of public policy presupposes, in any event, the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat to one of the fundamental interests of society ( Rutili , paragraph 28; Bouchereau , paragraph 35; Orfanopoulos and Oliveri , paragraph 66; Commission v Spain , cited above, paragraph 46, and Commission v Germany , cited above, paragraph 35). | 27
It follows that the situation of employees referred to in paragraph 24 of the present judgment must be examined solely on the basis of Article 45 TFEU. | 0 |
868,217 | 49. Article 7(1) of the Directive imposes a principal obligation on the employer, which is to designate one or more workers to carry out activities related to the protection and prevention of occupational risks. Article 7(3) provides for the obligation to enlist competent external persons or services (Case C-49/00 Commission v Italy [2001] ECR I-8575, paragraph 23). However, as the Court has already held, that obligation is merely subsidiary to that laid down in Article 7(1), since it arises only ‘if such protective and preventive measures cannot be organised for lack of competent personnel in the undertaking and/or establishment’ (see Case C-441/01 Commission v Netherlands [2003] ECR I-5463, paragraph 20). | 108. It should be borne in mind, however, that if the grounds of a decision of the General Court reveal an infringement of EU law but its operative part is well founded on other legal grounds, such an infringement is not one that should cause that decision to be set aside, and the grounds should be substituted (see, to that effect, judgments in Lestelle v Commission , C‑30/91 P, EU:C:1992:252, paragraph 28, and 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). | 0 |
868,218 | 19. Thus, an interpretation, by the Court, of provisions of EU law in purely internal situations is warranted on the ground that they have been made applicable by national law directly and unconditionally (see, to that effect, Case C‑346/93 Kleinwort Benson [1995] ECR I‑615, paragraph 16, and Case C‑280/06 ETI and Others [2007] ECR I‑10893, paragraph 25), in order to ensure that internal situations and situations governed by EU law are treated in the same way (see, to that effect, Poseidon Chartering , paragraph 17, and Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987, paragraph 22). | 31
The right to be heard guarantees the applicant for subsidiary protection the opportunity to put forward effectively, in the course of the administrative procedure, his views regarding his application for subsidiary protection and grounds that may give the competent authority reason to refrain from adopting an unfavourable decision (see, by analogy, judgments of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 54, and of 17 March 2016, Bensada Benallal, C‑161/15, EU:C:2016:175, paragraph 33). | 0 |
868,219 | 31. However, that exception concerns only the access of nationals of other Member States to certain posts in the civil service (see judgments in Vougioukas , C‑443/93, EU:C:1995:394, paragraph 19; Grahame and Hollanders , C‑248/96, EU:C:1997:543, paragraph 32; Schöning-Kougebetopoulou , C‑15/96, EU:C:1998:3, paragraph 13; and Österreischer Gewerkschaftsbund , C‑195/98, EU:C:2000:655, paragraph 36). | 8 DE TELS ACTES NE PRODUISANT D' EFFETS JURIDIQUES QUE DANS LA SPHERE INTERNE DE L' ADMINISTRATION, ILS NE CREENT PAS DE DROITS OU D' OBLIGATIONS DANS LE CHEF DE TIERS . ILS NE CONSTITUENT DONC PAS DES DECISIONS FAISANT GRIEF . LE RECOURS DOIT EN CONSEQUENCE ETRE REJETE COMME IRRECEVABLE . | 0 |
868,220 | 44. As regards the arguments put forward by the Kingdom of Belgium as to the absence of any obligation to transpose the provisions of the Directive concerning the requirement to consult with the Member States concerned beforehand in the case of an interconnector, and the requirement to notify exemption decisions to the Commission, it should be noted that, according to settled case-law, the effect of the third paragraph of Article 249 EC is that Community directives must be implemented by appropriate measures taken by the Member States. The fact that, in specific circumstances, where the implementing measures required have not been adopted or measures have been adopted which are not consistent with a directive, the persons affected thereby are entitled to rely in law on a directive as against a defaulting Member State cannot justify a Member State absolving itself from taking in due time implementing measures sufficient to meet the purpose of each directive (see, to that effect, Case 102/79 Commission v Belgium [1980] ECR 1473, paragraph 12; Case C-433/93 Commission v Germany [1995] ECR I‑2303, paragraph 24; and Case C-253/95 Commission v Germany [1996] ECR I-2423, paragraph 13). Similarly, and a fortiori, the fact that certain provisions of the Directive in question are directly applicable in the national legal system is not grounds for relieving the Member States of their obligations to transpose Community law. | En ce qui concerne la deuxième branche du deuxième moyen du pourvoi, il convient de rappeler qu’il résulte de la jurisprudence de la Cour que la notion de « pratique concertée », au sens l’article 81, paragraphe 1, CE, vise une forme de coordination entre entreprises qui, sans avoir été poussée jusqu’à la réalisation d’une convention proprement dite, substitue sciemment une coopération pratique entre elles aux risques de la concurrence (arrêt du 4 juin 2009, T-Mobile Netherlands e.a., C‑8/08, EU:C:2009:343, point 26). | 0 |
868,221 | 26. In that regard, it suffices to state that Regulation No 261/2004, as is clear from recitals 1 and 2 in the preamble thereto, aims to ensure a high level of protection for passengers (see judgments in IATA and ELFAA , C‑344/04, EU:C:2006:10, paragraph 69, and Emirates Airlines , C‑173/07, EU:C:2008:400, paragraph 35). | 43. It follows that the different treatment, under the legislation at issue in the main proceedings, of investors who hold an interest in a limited partnership that is converted into shares in a capital company and who, as a result of that transaction, are no longer liable to tax in Germany on the income they make in that Member State, as compared with investors who, in the same circumstances, remain liable to such tax, constitutes a restriction that is, in principle, prohibited by the provisions of the FEU Treaty on free movement of capital.
Whether the restriction on free movement of capital is justified | 0 |
868,222 | 29. In that context, the interpretation given to the provisions of Community law concerning the internal market cannot be automatically applied by analogy to the interpretation of the Agreement, unless there are express provisions to that effect laid down by the Agreement itself (see, to that effect, Case 270/80 Polydor and RSO [1982] ECR 329, paragraphs 15 to 19). | 40. Fourth, the compensation must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with the requisite means so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations ( Altmark Trans and Regierungspräsidium Magdeburg , paragraph 93; Servizi Ausiliari Dottori Commercialisti , paragraph 67; and Essent Netwerk Noord and Others , paragraph 85). | 0 |
868,223 | 65. National legislation which makes the establishment of an undertaking from another Member State conditional upon the issue of prior authorisation falls within that category, since it is capable of hindering the exercise by that undertaking of freedom of establishment, by preventing it from freely pursuing its activities through a fixed place of business (see Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑0000, paragraph 54). | Par ailleurs, selon la jurisprudence de la Cour, tant l’existence que la durée d’un comportement anticoncurrentiel doivent, dans la plupart des cas, être inférées d’un certain nombre de coïncidences et d’indices qui, considérés ensemble, peuvent constituer, en l’absence d’une autre explication cohérente, la preuve d’une violation des règles de concurrence (arrêts du 21 septembre 2006, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied/Commission, C‑105/04 P, EU:C:2006:592, points 94 et 95, ainsi que du 21 janvier 2016, Eturas e.a., C‑74/14, EU:C:2016:42, point 36). | 0 |
868,224 | 60. According to the settled case-law of the Court, EU legislation must, so far as possible, be interpreted in a manner that is consistent with international law, in particular where its provisions are intended specifically to give effect to an international agreement concluded by the European Union (see judgment in SCF , C‑135/10, EU:C:2012:140, paragraph 51 and the case-law cited). | 14. The aim of those transactions was to divide and spread the payment of that amount in order to defer the Churchill Group’s VAT liability. | 0 |
868,225 | 6 Regulation No 652/76 was also declared invalid in so far as it fixed the MCAs applicable to maize starch on a basis other than that of the intervention price of maize after deduction of the production refund on starch (see the Roquette Frères judgment, cited above, paragraph 48). | La coordination de l’adoption des décisions dans le cadre de la politique étrangère et de sécurité commune et de celle des
mesures prises sur la base du traité FUE est d’autant plus nécessaire que l’adoption de mesures restrictives à l’égard de
personnes physiques ou morales, d’entités ou d’organismes doit intervenir dans un délai bref, que ce soit pour se conformer
à une résolution du Conseil de sécurité ou pour assurer le plus rapidement possible l’effet souhaité par les nouvelles inscriptions
autonomes décidées dans le cadre de la politique étrangère et de sécurité commune (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 57). À cet égard, il convient de relever
que la décision prise dans le cadre de la politique étrangère et de sécurité commune et le règlement d’exécution litigieux
portant désignation de NIOC e.a. ont été adoptés le même jour, conformément à la pratique du Conseil. | 0 |
868,226 | 43
On the contrary, it follows from those judgments, and from the judgment of 12 July 2012, VALE (C‑378/10, EU:C:2012:440), that, as EU law currently stands, each Member State has the power to define the connecting factor required of a company if that company is to be regarded as incorporated in accordance with its national legislation. In the event that a company governed by the law of one Member State converts itself into a company under the law of another Member State while satisfying the conditions imposed by the legislation of the latter if it is to exist within its legal order, that power, far from implying that the legislation of the Member State of origin on the incorporation or winding-up of companies enjoys any immunity from the rules relating to freedom of establishment, cannot provide justification for that Member State preventing or deterring the company concerned from undertaking a cross-border conversion by means of, in particular, the imposition, with respect to such a cross-border conversion, of conditions that are more restrictive than those that apply to the conversion of a company within that Member State itself (see, to that effect, judgments of 27 September 1988, Daily Mail and General Trust, 81/87, EU:C:1988:456, paragraphs 19 to 21; of 16 December 2008, Cartesio, C‑210/06, EU:C:2008:723, paragraphs 109 to 112; and of 12 July 2012, VALE, C‑378/10, EU:C:2012:440, paragraph 32). | 39. A difference in the treatment of resident and non-resident taxpayers cannot therefore in itself be categorised as discrimination within the meaning of the Treaty ( Wielockx , paragraph 19, and Denkavit Internationaal and Denkavit France , paragraph 24). | 0 |
868,227 | 22. Si la Cour a, certes, déjà jugé, notamment dans l’arrêt Commission/Danemark (C‑192/01, EU:C:2003:492, point 49), que l’évaluation du risque ne peut se fonder sur des considérations purement hypothétiques, elle a toutefois également ajouté que, lorsqu’il s’avère impossible de déterminer avec certitude l’existence ou la portée du risque allégué, en raison de la nature insuffisante, non concluante ou imprécise des résultats des études menées, mais que la probabilité d’un dommage réel pour la santé publique persiste dans l’hypothèse où le risque se réaliserait, le principe de précaution justifie l’adoption de mesures restrictives (arrêts Commission/Danemark, C‑192/01, EU:C:2003:492, point 52, et Commission/France, C‑333/08, EU:C:2010:44, point 93). | 25. In that regard it is not disputed that in the main proceedings Frahuil is not a party to the contract of guarantee under which Assitalia undertook to guarantee the payment of the customs duties by Vegetoil. However, it appears that Frahuil instructed Vegetoil to carry out the formalities of customs clearance. It is therefore a matter for the referring court to examine the legal relationship between Frahuil and Vegetoil in order to establish whether that relationship permitted Vegetoil, on behalf of Frahuil, to enter into a contract such as the contract of guarantee in question in the main proceedings. | 0 |
868,228 | 24
Since Article 6(2) of Directive 2000/78 allows Member States to provide for an exception to the principle of non-discrimination on grounds of age, that provision must be interpreted restrictively (judgment of 26 September 2013 in HK Danmark, C‑476/11, EU:C:2013:590, paragraph 46 and the case-law cited). | 30
Although it is certainly true that, according to recital 6 of the regulation, the preventative control of all concentrations established under that regulation concerns concentrations having an effect on the structure of competition in the European Union, it does not follow that any action of undertakings not producing such effects escapes the control of the Commission or that of the competent national competition authorities. | 0 |
868,229 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 58 A possible reduction in their earnings cannot therefore be contrary to the principle of the protection of legitimate expectations. | 0 |
868,230 | 24 It is common ground that the principle of non-discrimination has been given effect, in the field of the right of establishment, by Article 52 of the Treaty (Halliburton Services, cited above, paragraph 12, and Case C-193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 21). | 42. In a situation such as the one at issue in the case in the main proceedings, a link of that kind exists due to the fact that a European Union citizen, who is resident in a Member State, has been engaged by an undertaking established in another Member State on whose behalf he carries on his activities. In addition, according to the applicant in the main proceedings, and subject to the findings of the referring court on that point, the employment contract between him and his employer – an undertaking situated in Denmark – has been concluded under Danish law. Moreover, as the German Government points out, and subject to the findings of the referring court, Mr Petersen is covered by social insurance in Denmark and the account into which his salary is paid in situated in that Member State. | 0 |
868,231 | 49. The principles of equal treatment and non-discrimination on grounds of nationality imply, in particular, a duty of transparency which enables the concession-granting public authority to ensure that those principles are complied with. That obligation of transparency which is imposed on the public authority consists in ensuring, for the benefit of any potential tenderer, a degree of advertising sufficient to enable the service concession to be opened up to competition and the impartiality of procurement procedures to be reviewed (see, to that effect, Telaustria and Telefonadress , cited above, paragraphs 61 and 62). | 26. That prohibition of measures having an effect equivalent to quantitative restrictions applies to all legislation of the Member States that is capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (see, in particular, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C‑147/04 De Groot en Slot Allium and Bejo Zaden [2006] ECR I‑245, paragraph 71). | 0 |
868,232 | 38. The subject-matter of an action brought under Article 226 EC is, therefore, delimited by the pre-litigation procedure provided for by that article. Accordingly, the action cannot be founded on any objections other than those stated in the pre-litigation procedure (see, to that effect, Case 51/83 Commission v Italy [1984] ECR 2793, paragraph 4, and Commission v Netherlands , paragraph 23). | 87 As the Advocate General observed in point 42 of his Opinion, on the basis of data in the 1995 technical study, relied on by the Commission in support of its first charge, it may be presumed that, in 1994, about one quarter of the vehicles with up to three axles which followed the full itinerary were registered in Austria. No discrimination as between the two categories of vehicle in question on grounds of the nationality of the hauliers can be identified on the basis of those data since a majority of the vehicles not registered in Austria and, consequently, a majority of non-Austrian hauliers benefited from the favourable tariffs applicable to vehicles with up to three axles. | 0 |
868,233 | 40. In addition, it is necessary to point out that the Court has already held that benefits such as those provided under the German care insurance scheme, even if they have their particular characteristics, fall within ‘sickness benefits’ within the meaning of Article 4(1)(a) of Regulation No 1408/71, since they are essentially intended to supplement the sickness insurance benefits to which they are, moreover, linked at the organisational level, in order to improve the state of health and the quality of life of persons reliant on care (see, to that effect, Molenaar , cited above, paragraphs 24 and 25). | 25 In those circumstances, even if they have their own characteristics, such benefits must be regarded as `sickness benefits' within the meaning of Article 4(1)(a) of Regulation No 1408/71. | 1 |
868,234 | 45. The Court has thus held that the Council, which may not counter a decision of the Commission finding aid incompatible with the internal market by itself declaring that aid compatible with that market, is also not permitted to thwart the effectiveness of such a decision by declaring compatible with the internal market, in accordance with the third subparagraph of Article 108(2) TFEU, an aid designed to compensate the beneficiaries of the unlawful aid declared incompatible with the internal market for the repayments they are required to make pursuant to that decision (see, to that effect, Case C‑110/02 Commission v Council , paragraphs 44 and 45, and Case C‑399/03 Commission v Council , paragraph 28). | 41. Next, the fact that that activity has been definitively authorised under national law before the expiry of the time-limit for transposition of the Habitats Directive does not constitute, in itself, an obstacle to regarding it, at the time of each intervention in the navigable channel, as a distinct project for the purposes of the Habitats Directive. | 0 |
868,235 | 28. That list is exhaustive in nature and its items must be interpreted strictly inasmuch as they constitute an obstacle to the attainment of one of the fundamental objectives of Regulation No 44/2001 intended to facilitate the free movement of judgments by establishing a simple and rapid enforcement procedure (see, to that effect, Cast C‑420/07 Apostolides [2009] ECR I‑3571, paragraph 55 and the case‑law cited, and Case C‑139/10 Prism Investments [2011] ECR I‑9511, paragraph 33). | 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 |
868,236 | 58. It should be noted at the outset that a charge applied under the same conditions as regards its collection to both domestic and imported products, the revenue from which is used for the benefit of domestic products alone, so that the advantages accruing from it offset the burden borne by those products, may constitute, having regard to the use to which the revenue from that charge is put, State aid incompatible with the common market, if the conditions for the application of Article 87 EC are met (see, to that effect, Case C-17/91 Lornoy and Others [1992] ECR I-6523, paragraph 32, and Case C-72/92 Scharbatke [1993] ECR I‑5509, paragraph 18). | 55. The German Government’s argument seeking to justify a restriction on the free movement of capital by the need to ensure the cohesion of its tax system cannot be accepted, however. | 0 |
868,237 | 67. As is clear from paragraph 48 of this judgment, that provision leaves the Member States a certain degree of latitude when defining the conditions for the exercise and implementation of the entitlement to an income for the pregnant workers referred to in Article 5(3) of Directive 92/85. It is therefore for the Member States to define the arrangements for that entitlement, although they are not authorised to make the existence of that entitlement, which derives directly from that directive and the employment relationship between the pregnant worker and her employer, subject to any preconditions whatsoever (see, by analogy, Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 53, and also Parviainen , paragraph 55). | 13 THE METHOD PROVIDES FOR THE ANNUAL ADJUSTMENT OF REMUNERATION TO BE MADE A POSTERIORI AND TO TAKE EFFECT RETROACTIVELY ON 1 JULY OF THE YEAR IN WHICH THE END OF THE REFERENCE PERIOD USED FOR THE REVIEW OF THE LEVEL OF REMUNERATION FALLS , THAT PERIOD CORRESPONDING TO THE 12 MONTHS PRECEDING 1 JULY OF THE YEAR IN WHICH THE REVIEW IS CARRIED OUT .
| 0 |
868,238 | 48. It should also be added that subjective elements deriving, for example, from the wrongful attribution, by the injured person, of the status of manufacturer of the allegedly defective product to a company which is not the manufacturer, or from the injured person’s genuine intention to proceed against that manufacturer by way of its action against such other company, cannot, without infringing the objective dimension of the harmonisation rules laid down by Directive 85/374, justify the substitution, after the expiry of the 10-year period set out in Article 11 thereof, of that manufacturer in proceedings initiated during that period against another person (see, to that effect, O’Byrne , paragraph 26 and, by analogy, Case C-51/05 P Commission v Cantina sociale di Dolianova and Others [2008] ECR I‑5341, paragraphs 59 to 63). | 85. Nor is the fact that an undertaking does not act on the outcome of a meeting having an anti-competitive purpose such as to relieve it of responsibility for the fact of its participation in a cartel, unless it has publicly distanced itself from what was agreed in the meeting (see Case C-291/98 P Sarrió v Commission [2000] ECR I-9991, paragraph 50). | 0 |
868,239 | 56. It is true that the Court has also held that, where the European Union intends to implement a particular obligation assumed in the context of the agreements concluded in the context of the World Trade Organization (‘the WTO agreements’) or where the EU act at issue refers explicitly to specific provisions of those agreements, the Court should review the legality of the act at issue and the acts adopted for its implementation in the light of the rules of those agreements (see judgments in Fediol v Commission , EU:C:1989:254, paragraphs 19 to 23; Nakajima v Council , EU:C:1991:186, paragraphs 29 to 32; Germany v Council , C‑280/93, EU:C:1994:367, paragraph 111; and Italy v Council , C‑352/96, EU:C:1998:531, paragraph 19). | 30 According to the second and third recitals in the preamble to the new basic regulation, it was adopted in accordance with existing international obligations, in particular those arising from Article VI of the General Agreement and from the Anti-Dumping Code. | 1 |
868,240 | 33. Although, as PR Aviation states, Article 1(2) of Directive 96/9 confers a wide scope on that concept, unencumbered by considerations of a formal, technical or material nature (see to that effect judgment in Fixtures Marketing , C‑444/02, EU:C:2004:697, paragraphs 20 to 32), the fact remains that the definition in that provision applies, according to the wording of that article, ‘for the purposes of this Directive’. | 27 The Court has consistently held that that prohibition of discrimination is only a specific expression of the general principle of equality in Community law, which requires that comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified (see, inter alia, Case C-309/89 Codorniu v Council [1994] ECR I-1853, paragraph 26). | 0 |
868,241 | 79
Mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations to transpose a directive. In the same way, an interpretation, by national courts, of the provisions of national law in accordance with those of a directive cannot in itself achieve the clarity and precision needed to meet the requirement of legal certainty (see, inter alia, judgment of 19 December 2013 in Commission v Poland, C‑281/11, EU:C:2013:855, paragraph 105 and the case-law cited). | 26
The Framework Decision thus seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attainment of the objective set for the European Union to become an area of freedom, security and justice, founded on the high level of confidence which should exist between the Member States (judgment of 5 April 2016, Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 76 and the case-law cited). | 0 |
868,242 | 35. As the Court has stated, in the context of a provision enabling Member States to exclude capital goods from the system of VAT deductions for a transitional period, the definition of ‘capital goods’ covers goods used for the purposes of some business activity and distinguishable by their durable nature and their value and such that the acquisition costs are not normally treated as current expenditure but are written off over several years (see, to that effect, Case 51/76 Verbond van Nederlandse Ondernemingen [1977] ECR 113, paragraph 12, and Case C‑98/07 Nordania Finans and BG Factoring [2008] ECR I‑1281, paragraphs 27 and 28). | 283. In addition, according to settled case-law, fundamental rights form an integral part of the general principles of law whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international instruments for the protection of human rights on which the Member States have collaborated or to which they are signatories. In that regard, the ECHR has special significance (see, inter alia, Case C‑305/05 Ordre des barreaux francophones et germanophone and Others [2007] ECR I‑5305, paragraph 29 and case-law cited). | 0 |
868,243 | 27 ON THE OTHER HAND , THE FACT THAT COASTAL FISHERMEN FROM NORTHERN IRELAND WERE PERMITTED TO TAKE FROM THAT STOCK AN ADDITIONAL CATCH OF 400 TONNES , IRRESPECTIVE OF THE PERIOD AT WHICH THIS WAS DONE , COMPROMISES A CONSERVATION NEED THE ACTUAL EXISTENCE AND SERIOUSNESS OF WHICH ARE BEYOND ALL QUESTION . SINCE THE MEASURE CLOSING THE FISHERY ADOPTED IN SEPTEMBER 1978 WAS ALREADY BELATED , IN VIEW OF THE SITUATION WHICH HAD BEEN ASCERTAINED , THIS ADDITIONAL CONCESSION CANNOT BE JUSTIFIED EITHER AS AN ' ' INTERIM MEASURE ' ' . AS THE COMMISSION HAS CORRECTLY OBSERVED IN THE REASONED OPINION , IT WOULD HAVE BEEN POSSIBLE TO ADOPT INTERIM MEASURES IN FAVOUR OF THE FISHERMEN IN QUESTION , AS FOR OTHER FISHERMEN IN THE COMMUNITY , IF THE UNITED KINGDOM HAD RAISED THIS QUESTION IN DUE TIME WITHIN A COMMUNITY PROCEDURE AND IN ACCORDANCE WITH THE PRINCIPLES RECALLED ABOVE . IN THIS INSTANCE , IT IS CLEAR THAT THE PURPOSE AND EFFECT OF RESERVING THAT CONCESSION TO FISHING BOATS OF UNDER 35 FEET REGISTERED LENGTH WAS TO RESERVE TO THE COASTAL FISHERY OF THE MEMBER STATE IN QUESTION A MEASURE WHICH WAS IN ITSELF INCOMPATIBLE WITH RECOGNIZED CONSERVATION NEEDS . THE COURT WOULD REFER IN THIS CONNEXION TO THE CONSIDERATIONS SET OUT IN PARAGRAPHS 69 TO 80 OF ITS DECISION IN THE JUDGMENT OF 16 FEBRUARY 1978 ( COMMISSION OF THE EUROPEAN COMMUNITIES V IRELAND ), SUPRA , WHICH RELATE TO A SIMILAR MEASURE .
| 73. It is thus for the undertaking concerned to show that the result at which the Commission arrived in its decision would have been different if a document which was not communicated to that undertaking and on which the Commission relied to make a finding of infringement against it had to be disallowed as evidence. | 0 |
868,244 | 55. It is for the Member State, as the author of the allegedly discriminatory rule, to show that that rule reflects a legitimate social policy aim, that that aim is unrelated to any discrimination based on sex, and that it could reasonably take the view that the means chosen were suitable for attaining that aim ( Brachner , EU:C:2011:675, paragraph 74 and the case-law cited). | 46 In those circumstances, the rules in issue must be regarded as a restriction on the movement of capital within the meaning of Article 73b of the Treaty. It is therefore necessary to consider whether, and on what basis, that restriction may be justified. | 0 |
868,245 | 44. It should be added that, on the assumption that a Member State decides to adopt measures allowing the award of punitive damages to the person who has suffered discrimination, it is for the national legal system of each Member State to set the criteria for determining the extent of the penalty, provided that the principles of equivalence and effectiveness are respected (see, by analogy, judgments in Manfredi and Others , C‑295/04 to C‑298/04, EU:C:2006:461, paragraph 92; Donau Chemie and Others , C‑536/11, EU:C:2013:366, paragraphs 25 to 27; and Hirmann , C‑174/12, EU:C:2013:856, paragraph 40). | 92. As to the award of damages and the possibility of an award of punitive damages, in the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to set the criteria for determining the extent of the damages, provided that the principles of equivalence and effectiveness are observed. | 1 |
868,246 | 58. According to settled case-law, in the particular case in which a parent company holds all or almost all of the capital in a subsidiary which has committed an infringement of the European Union competition rules, there is a rebuttable presumption that that parent company in fact exercises a decisive influence over its subsidiary. In such a situation, it is sufficient for the Commission to prove that all or almost all of the capital in the subsidiary is held by the parent company in order to take the view that that presumption applies (see, inter alia, judgments in Akzo Nobel and Others v Commission , C‑97/08 P, EU:C:2009:536, paragraph 60; Eni v Commission , C‑508/11 P, EU:C:2013:289, paragraph 47 and the case-law cited; and Schindler Holding and Others v Commission , C‑501/11 P, EU:C:2013:522, paragraphs 105 to 111). | 38. The criterion of insurance chosen by the Netherlands legislation favours, in the majority of cases, persons resident in that Member State. Taxpayers who are not insured under that system are more often than not non-residents. | 0 |
868,247 | 31. In that regard, it can be inferred from the case‑law that a transaction concerning the liquidation of an investment in real property, such as that at issue in the case in the main proceedings, constitutes a capital movement (see, to that effect, Case C‑222/97 Trummer and Mayer [1999] ECR I‑1661, paragraph 24). | 99. Or, un tel raisonnement du Tribunal ne révèle aucune des violations du droit alléguées par Gosselin ni aucun défaut de motivation. | 0 |
868,248 | 24. Or, en ce qui concerne l’objet desdites directives, il convient de rappeler que le considérant 23 de la troisième directive assurance vie faisait état de ce que, «dans le cadre d’un marché unique de l’assurance, le consommateur [aurait] un choix plus grand et plus diversifié de contrats». Selon ce considérant également, «afin de profiter pleinement de cette diversité et d’une concurrence accrue, [ledit consommateur devait] disposer des informations nécessaires pour choisir le contrat qui [convenait] le mieux à ses besoins» (arrêt du 5 mars 2002, Axa Royale Belge, C‑386/00, Rec. p. I‑2209, point 28). Enfin, il était précisé audit considérant que «cette nécessité d’informations [était] d’autant plus importante que la durée des engagements [pouvait] être très longue». | 35
It will be recalled, as the Court has previously pointed out in case-law that predates the adoption of the provisions at issue, that the European Union is based on the rule of law and the acts of its institutions are subject to review by the Court of their compatibility with EU law and, in particular, with the FEU Treaty and the general principles of law (judgment of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraph 44 and the case-law cited), and natural and legal persons must enjoy effective judicial protection. | 0 |
868,249 | 30. As regards the requirement that the need to foster the development of innovative services and competition be taken into account, this entails that the amount of the charge cannot have the effect of hindering the access of new operators to the market or of reducing the capacity of telecommunications service operators for innovation (see, to that effect, Case C‑431/07 P Bouygues and Bouygues Télécom v Commission [2009] ECR I‑2665, paragraph 125). It also means that competition must not be distorted, which can be guaranteed only if equality of opportunity is secured as between the various economic operators (see, to that effect, ISIS Multimedia Net and Firma O2 , paragraphs 38 and 39). | 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 |
868,250 | 57. To the extent that, by the judgment under appeal, the General Court found that the Boards of Appeal of OHIM are required to apply the OHIM Guidelines, it is settled case-law, as OHIM argues, that the decisions concerning registration of a sign as a Community trade mark which those Boards of Appeal are called on to take under Regulation No 40/94 are adopted in the exercise of circumscribed powers and are not a matter of discretion and, accordingly, the legality of those decisions must be assessed solely on the basis of that regulation, as interpreted by the Courts of the European Union (see, to that effect, Case C‑37/03 P BioID v OHIM [2005] ECR I‑7975, paragraph 47; Case C‑173/04 P Deutsche SiSi-Werke v OHIM [2006] ECR I‑551, paragraph 48; and Joined Cases C‑202/08 P and C‑208/08 P American Clothing Associates v OHIM and OHIM v American Clothing Associates [2009] ECR I‑6933, paragraph 57). | 42 It follows that the criteria and/or the thresholds mentioned in Article 4(2) are designed to facilitate the examination of the actual characteristics exhibited by a given project in order to determine whether it is subject to the requirement to carry out an assessment and not to exempt in advance from that obligation certain whole classes of projects listed in Annex II which may be envisaged on the territory of a Member State. | 0 |
868,251 | 90. It follows that the clause on the ownership and control of airlines is contrary to Article 52 of the Treaty (see, to that effect, Commission v Denmark , paragraphs 122 to 124 and 128 to 133; Commission v Sweden , paragraphs 113 to 115 and 119 to 124; Commission v Finland , paragraphs 118 to 120 and 124 to 129; Commission v Belgium , paragraphs 131 to 133 and 137 to 142; Commission v Luxembourg , paragraphs 122 to 124 and 128 to 133; Commission v Austria , paragraphs 130 to 134 and 138 to 143, and Commission v Germany , paragraphs 144 to 146 and 150 to 156). | 73. As a consequence and in those circumstances, without there being any need to rule on the admissibility of the second part of the second plea or of the third plea, they must be rejected as unfounded (see, to that effect, judgments in Parliament v Council , C‑317/13 and C‑679/13, EU:C:2015:223, paragraph 59, and Parliament v Council , C‑540/13, EU:C:2015:224, paragraph 49 and the case-law cited), and those pleas must therefore be rejected in their entirety.
First plea in law: breach of essential procedural requirements
Arguments of the parties | 0 |
868,252 | 39. It should be recalled in this connection that, according to settled case-law, the interpretation which, in the exercise of the jurisdiction conferred upon it by Article 267 TFEU, the Court gives to a rule of European Union law clarifies and defines the meaning and scope of that rule as it must be, or ought to have been, understood and applied from the time of its coming into force. It follows that the rule as thus interpreted may, and must, be applied by the courts to legal relationships arising and established before the judgment ruling on the request for interpretation, provided that in other respects the conditions for bringing before the courts having jurisdiction an action relating to the application of that rule are satisfied (see, inter alia, Case 24/86 Blaizot and Others [1988] ECR 379, paragraph 27; Case C‑402/03 Skov and Bilka [2006] ECR I‑199, paragraph 50; and Case C‑92/11 RWE Vertrieb [2013] ECR I‑0000, paragraph 58). | 23. En vertu des articles 21, premier alinéa, du statut de la Cour de justice de l’Union européenne et 38, paragraphe 1, sous c), du règlement de procédure de celle-ci, il incombe à la Commission, dans toute requête déposée au titre de l’article 258 TFUE, d’indiquer les griefs précis sur lesquels la Cour est appelée à se prononcer ainsi que, de manière à tout le moins sommaire, les éléments de droit et de fait sur lesquels ces griefs sont fondés (voir arrêts du 26 avril 2012, Commission/Pays-Bas, C‑508/10, non encore publié au Recueil, point 35, et du 6 septembre 2012, Commission/Belgique, C‑150/11, non encore publié au Recueil, point 26). | 0 |
868,253 | 109
Regarding the material used to justify Bank Mellat’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts of the European Union ensure that the decision, which affects that person or entity concerned individually, is taken on a sufficiently solid factual basis. That entails a verification of the factual allegations in the summary of reasons underpinning that decision, with the consequence that judicial review cannot be restricted to an assessment of the cogency in the abstract of the reasons relied on, but must concern whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support that decision, is substantiated (see, to that effect, judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 119; Council v Fulmen and Mahmoudian, C‑280/12 P, EU:C:2013:775, paragraph 64; Council v Manufacturing Support & Procurement Kala Naft, C‑348/12 P, EU:C:2013:776, paragraph 73; Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 45; Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraph 46; and Ipatau v Council, C‑535/14 P, EU:C:2015:407, paragraph 42). | 15 The negative effects which such a fee may have on the free movement of goods in the Community can be eliminated only by virtue of Community provisions providing for the harmonization of fees, or imposing the obligation on the Member States to bear the costs entailed in the inspections or, finally, establishing that the costs in question are to be paid out of the Community budget . | 0 |
868,254 | 43. Accordingly, it must be pointed out that the Court has consistently held (see, in particular, Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 17, and Case C-96/89 Commission v Netherlands [1991] ECR I-2461, paragraph 38) that there is an inseparable link between the obligation to establish the Communities' own resources, the obligation to credit them to the Commission's account within the prescribed time-limit and the obligation to pay default interest. | 37 Since, in line with the Kziber and Yousfi judgments cited above, the term "social security" used in Article 39(1) of the Agreement cannot be given a definition different from that which it is recognized as having in the context of Regulation No 1408/71, a benefit of the same kind as the supplementary allowance from the FNS comes within the field of social security within the meaning of that provision. | 0 |
868,255 | 17 However, as the Court held in Case 158/82 Commission v Denmark [1983] ECR 3573, paragraph 19, a charge which represents payment for a service actually rendered to an importer, of an amount in proportion to that service, does not constitute a charge having an effect equivalent to a customs duty. | 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 |
868,256 | 35. Second, it follows from the second recital in the preamble to Regulation No 40/94 as amended that the objective of that regulation is the creation of a Community regime for trade marks to which uniform protection is given and which produce their effects throughout the entire area of the European Union (see, to that effect, Case C‑235/09 DHL Express France [2011] ECR I‑0000, paragraph 41). | 28. Nor can any such obligation be inferred from Article 10 EC, on which the respondents in the main proceedings rely in support of their contention. The principle to which Article 10 EC gives expression imposes on Member States and on the institutions mutual duties of sincere cooperation (Case 230/81 Luxembourg v Parliament [1983] ECR 255, paragraph 37; order in Case C-2/88 Imm. Zwartveld and Others [1990] ECR I-3365, paragraph 17), but it cannot be construed as meaning that a Member State may be obliged, vis-à-vis one of its citizens, to bring an action for annulment or an action in respect of a failure to act. | 0 |
868,257 | 21. Directive 2003/88 defines its scope broadly, in that, as is clear from Article 1(3), it applies to all sectors of activity, both public and private, within the meaning of Article 2(1) of Directive 89/391, with the exception of certain specific sectors which are expressly listed (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 45). | 39. As regards, secondly, the principle of fiscal neutrality, which is inherent in the common system of VAT, it must be remembered that, according to case-law, that principle precludes treating similar supplies of services, which are thus in competition with each other, differently for VAT purposes (Case C-109/02 Commission v Germany [2003] ECR I‑12691, paragraph 20; and Kingscrest Associates and Montecello , paragraph 54). | 0 |
868,258 | 43
The scope of the remedy available to an applicant for international protection against a transfer decision is made clear in recital 19 of that regulation, which states that, in order to ensure compliance with international law, the effective remedy introduced by that regulation in respect of transfer decisions should cover (i) the examination of the application of that regulation and (ii) the examination of the legal and factual situation in the Member State to which the asylum seeker is to be transferred (see, to that effect, judgment of 7 June 2016, Ghezelbash, C‑63/15, EU:C:2016:409, paragraphs 38 and 39). | 76. As was pointed out in paragraph 54 above, it is not appropriate to grant the request for capitalisation of the default interest payable to IPK. Consequently, the default interest payable by the Commission to IPK must be calculated solely on the basis of the principal debt at issue and remain payable until such time as the judgment of 15 April 2011 in IPK v Commssion (EU:T:2011:185) is fully complied with.
Costs | 0 |
868,259 | 25. Since the Commission and the United Kingdom are not in full agreement on the meaning of the term ‘eutrophication’ defined in Article 2(11) of Directive 91/271, it is appropriate, before examining the complaints set out by the Commission in its action, to note the meaning of that term, as explained by the Court in paragraphs 12 to 25 of the judgment in Case C-280/02 Commission v France [2004] ECR I‑8573. | 23. Species changes involving loss of ecosystem biodiversity, nuisances due to the proliferation of opportunistic macroalgae and severe outbreaks of toxic or harmful phytoplankton therefore constitute an undesirable disturbance of the balance of organisms present in the water. | 1 |
868,260 | 42. It follows from that case-law that the full effectiveness of the protection provided for by Directive 93/13 requires that the national court which has found of its own motion that a term is unfair should be able to establish all the consequences of that finding, without waiting for the consumer, who has been fully informed of his rights, to submit a statement requesting that that term be declared invalid (see, to that effect, Banif Plus Bank , paragraph 28, and Asbeek Brusse and de Man Garabito , paragraph 50). | 66. Among those measures, clause 5(1)(a) envisages ‘objective reasons justifying the renewal of such contracts or relationships’. | 0 |
868,261 | 14. As regards the position of a Turkish worker who, like Mr Dogan, enjoys in the host Member State, after four years of legal employment, ‘the right of free access to any paid employment of his choice’ in that Member State, in accordance with the third indent of Article 6(1), the Court has repeatedly held not only that the direct effect of that provision means that the person concerned derives an individual employment right directly from Decision No 1/80, but also that to be effective that right necessarily implies a concomitant right of residence which does not depend on the continuing existence of the conditions for access to those rights (see Case C-192/89 Sevince [1990] ECR I-3461, paragraphs 29 and 31; Case C-237/91 Kus [1992] ECR I-6781, paragraph 33; Tetik , paragraphs 26, 30 and 31; and Nazli , paragraphs 28 and 40; see also, by analogy, concerning the second indent of the first sentence of Article 7 of Decision No 1/80, Case C‑329/97 Ergat [2000] ECR I-1487, paragraph 40, and Case C-467/02 Cetinkaya [2004] ECR I-0000, paragraph 31; and, concerning the second sentence of Article 7, Case C-355/93 Eroglu [1994] ECR I-5113, paragraph 20, and Case C‑210/97 Akman [1998] ECR I-7519, paragraph 24). | 31. Thus, as regards family members covered by the first paragraph of Article 7 of Decision No 1/80 who, like Mr Cetinkaya, enjoy, after five years’ legal residence with the worker, the right of free access to employment in the host Member State under the second indent of that provision, not only does the direct effect of that provision mean that the persons concerned derive an individual employment right directly from Decision No 1/80 but also the effectiveness of that right necessarily implies a concomitant right of residence which is also founded on Community law and is independent of the continuing existence of the conditions for access to those rights (see, in particular, Ergat , paragraph 40). | 1 |
868,262 | 44. Nevertheless, the Court has also held that, in exceptional circumstances, it can examine the conditions in which the case was referred to it by the national court, in order to confirm its own jurisdiction (see, to that effect, Case 244/80 Foglia [1981] ECR 3045, paragraph 21). The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of Community law that is sought bears no relation to the facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 39; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 19; and Conseil général de la Vienne , paragraph 20). | 93. Les aides nouvelles sont donc soumises à un contrôle préventif exercé par la Commission et elles ne peuvent, en principe, être mises à exécution aussi longtemps que cette institution ne les a pas déclarées compatibles avec le traité CE (voir arrêts du 9 août 1994, Namur-Les assurances du crédit, C-44/93, Rec. p. I‑3829, point 12; du 17 juin 1999, Piaggio, C-295/97, Rec. p. I-3735, point 49, et du 15 février 2001, Autriche/Commission, C-99/98, Rec. p. I-1101, point 31). | 0 |
868,263 | 105. As regards the Swiss Confederation’s argument relating to the alleged refusal of the General Court to examine the necessity of the measures laid down in the 213th Regulation, as amended, the Court notes that that argument is based on a manifest misinterpretation of paragraph 149 of the judgment under appeal, which must be understood in the light of its context (see, to that effect, Case C‑294/95 P Ojha v Commission [1996] ECR I‑5863, paragraphs 48 and 49). In paragraph 149 of the judgment under appeal, the General Court merely stated that the German authorities were entitled to adopt such measures. However, it is apparent from paragraphs 154 et seq. of the judgment under appeal that, by that assertion, the General Court in no way sought to limit its power of review over the proportionate nature of those measures. In particular, in paragraphs 163 et seq. of that judgment, the General Court examined in a precise and detailed manner whether less onerous measures existed which would have enabled the Federal Republic of Germany to achieve the objective pursued by the measures laid down in the 213th Regulation, as amended. | 48 Secondly, the Court' s statement, at paragraph 85 of the contested judgment, that the disputed reassignment measure had been adopted solely in the interests of the proper functioning of the Commission delegation in Dacca, must be understood in the light of its context. Paragraphs 85 and 86 show that, with those words, the Court of First Instance merely found that the reassignment decision was genuinely adopted in the interests of the service and did not constitute a disguised disciplinary measure. Nor did it hold that the Commission had ignored Mr Ojha' s interests. | 1 |
868,264 | 54. However, as the Court of First Instance pointed out in the judgment under appeal, under Article 116(3) of the Rules of Procedure an intervener must accept the case as he finds it at the time of his intervention and, under the fourth paragraph of Article 40 of the Statute of the Court of Justice, the submissions made in an application to intervene are to be limited to supporting the submissions of one of the parties. According to established case‑law, those provisions do not prevent an intervener from using arguments that are new or different to those used by the party it supports, provided the intervener seeks to support that party’s submissions (see Case 30/59 De Gezamenlijke Steenkolenmijnen in Limburg v High Authorithy [1961] ECR 1, and Case C‑245/92 P Chemie Linz v Commission [1999] ECR I‑4643, paragraph 32). | 52. S’agissant, en particulier, des effets juridiques obligatoires d’une décision d’ouvrir la procédure prévue à l’article 88, paragraphe 2, CE à l’égard d’une mesure en cours d’exécution et qualifiée d’aide nouvelle, une telle décision modifie nécessairement la situation juridique de la mesure considérée, ainsi que celle des entreprises qui en sont bénéficiaires, notamment en ce qui concerne la poursuite de sa mise en œuvre. Après l’adoption d’une telle décision, il existe à tout le moins un doute important sur la légalité de cette mesure qui doit conduire l’État membre à en suspendre le versement, dès lors que l’ouverture de la procédure prévue à l’article 88, paragraphe 2, CE exclut une décision immédiate concluant à la compatibilité avec le marché commun qui permettrait de poursuivre régulièrement l’exécution de ladite mesure. Une telle décision pourrait être invoquée devant un juge national appelé à tirer toutes les conséquences découlant de la violation de l’article 88, paragraphe 3, dernière phrase, CE. Enfin, elle est susceptible de conduire les entreprises bénéficiaires de la mesure à refuser en tout état de cause de nouveaux versements ou à provisionner les sommes nécessaires à d’éventuels remboursements ultérieurs. Les milieux d’affaires tiendront également compte, dans leurs relations avec lesdits bénéficiaires, de la situation juridique et financière fragilisée de ces derniers (voir arrêt du 9 octobre 2001, Italie/Commission, C‑400/99, Rec. p. I‑7303, point 59). | 0 |
868,265 | 123 Although it is therefore for the Commission to prove an infringement of the Community rules, the Member State concerned must demonstrate that the Commission committed an error as to the financial consequences to be attributed to it (see, to this effect, Case 49/83 Luxembourg v Commission [1984] ECR 2931, paragraph 30). | 12 In the absence of harmonization of the rules applicable to services, or even of a system of equivalence, restrictions on the freedom guaranteed by the Treaty in this field may arise in the second place as a result of the application of national rules which affect any person established in the national territory to persons providing services established in the territory of another Member State who already have to satisfy the requirements of that State' s legislation. | 0 |
868,266 | 24. It is to be borne in mind that, according to the Court’s case-law, in the context of the cooperation between the Court and national courts under Article 234 EC, it is for the national court before which the dispute has been brought, which alone has direct knowledge of the facts giving rise to that case and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, when the questions submitted by the national court concern the interpretation of European Union law, the Court of Justice is, in principle, bound to give a ruling (see, in particular, Case C‑144/04 Mangold [2005] ECR I‑9981, paragraphs 34 and 35; Case C‑212/04 Adeneler and Others [2006] ECR I‑6057, paragraph 41; and the order of 12 June 2008 in C‑364/07 Vassilakis and Others [2008] ECR I‑0090, paragraph 42 and case-law cited). | 31. It must be borne in mind in that regard that recital 2 in the preamble to Directive 2008/115 states that it pursues the establishment of an effective removal and repatriation policy, based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and also their dignity. | 0 |
868,267 | 26. It must be recalled that Article 2(d) of the Directive gives a particularly wide definition to the concept of ‘commercial practices’ as ‘any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers’ (Case C-540/08 Mediaprint Zeitungs- und Zeitschriftenverlag [2010] ECR I-10909, paragraph 17). | 48. In either of the circumstances referred to in paragraphs 46 and 47 of this judgment, whether there is a direct and immediate link will depend on whether the cost of the input services is incorporated either in the cost of particular output transactions or in the cost of goods or services supplied by the taxable person as part of his economic activities ( SKF , paragraph 60). | 0 |
868,268 | 28. The Court has also held that regulations adopted for the implementation of Article 51 of the Treaty must be interpreted in the light of the objective pursued by that article, which is the establishment of the greatest possible freedom of movement for migrant workers within the Community (see Case 10/78 Belbouab [1978] ECR 1915, paragraph 5, and Case C-105/89 Buhari Haji [1990] ECR I-4211, paragraph 20). | 84. In the present cases, that obligation to examine the merits of the appeal must be understood as meaning that the Board of Appeal was obliged to decide on each of the heads of claim submitted for its consideration in order to give a decision on the oppositions by either rejecting them or declaring them to be founded, thereby either upholding or reversing the decisions of the Opposition Division contested before it (see, to that effect, OHIM v Kaul , EU:C:2007:162, paragraph 56). | 0 |
868,269 | 64. In that connection, it must be borne in mind that the Court has already held that it is clear from Article 3(1) and (2) of the Directive, in conjunction with Annex I thereto, that Member States are required to meet the following obligations, among others:
– to identify as waters affected by pollution or which could be affected by pollution if action pursuant to Article 5 is not taken not only water intended for human consumption, but all surface freshwaters and groundwaters which contain or could contain more than 50 mg/l of nitrates, and
– to designate as vulnerable zones all known areas of land in their territories which drain into the waters identified as affected or potentially affected by pollution in accordance with Article 3(1) of the Directive or to choose to establish and apply the action programmes referred to in Article 5 of the Directive throughout their national territory (see, to that effect, Case C‑322/00 Commission v Netherlands [2003] ECR I-11267, paragraph 34). | 10 In this case, the first point to note is that the obligation to provide information prior to contract, imposed by the German law of contract, applies without distinction, at least as regards products coming from the Community, to all contractual relationships covered by that law and that its purpose is not to regulate trade. | 0 |
868,270 | 61. Article 15(1) of the directive provides that the suitability of tenderers is to be checked by the contracting authority in accordance with the criteria of economic and financial standing and of technical knowledge or ability referred to in Articles 22, 23 and 24 of the directive. The purpose of these articles is not to delimit the power of the Member States to fix the level of financial and economic standing and technical knowledge required in order to take part in procedures for the award of public works contracts, but to determine the references or evidence which may be furnished in order to establish the suppliers' financial or economic standing and technical knowledge or ability (see to this effect Beentjes , cited above, paragraph 17). | 53. As the Court has also held, since the aim of the Directive is to promote the balanced participation of employers and workers in activities related to protection against and prevention of occupational risks, it is therefore by giving precedence to the organisation of such activities within the undertaking that the effectiveness of the Directive can be ensured to the greatest possible extent. Allowing employers to choose between the organisation of such activities within the undertaking or the enlistment of competent external services does not contribute to ensuring the effectiveness of the Directive but constitutes a failure to fulfil the obligation to ensure its full applicability (see Commission v Netherlands , cited above, paragraphs 54 and 55). | 0 |
868,271 | 29. The right to be heard in all proceedings is now affirmed not only in Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, which ensure respect for both the rights of the defence and the right to fair legal process in all judicial proceedings, but also in Article 41 of the Charter, which guarantees the right to good administration. Article 41(2) provides that the right to good administration includes, inter alia, the right of every person to be heard before any individual measure which would affect him adversely is taken ( M , EU:C:2012:744, paragraphs 82 and 83). However, as the Charter of Fundamental Rights of the European Union entered into force on 1 December 2009, it does not apply as such to the proceedings that led to the demands for payment of 2 and 28 April 2005 (see, by analogy, Sabou , C‑276/12, EU:C:2013:678, paragraph 25). | 54. In those circumstances, since Directive 91/676 requires the Member States, without providing for any derogation, to establish periods of prohibition on the land application of all types of fertiliser, it must be held that the Grand Duchy of Luxembourg has not complied with that obligation with respect to chemical fertiliser. | 0 |
868,272 | 18. In examining this condition, the national court must take into consideration all the relevant facts of the case, in particular the market share held by the trade mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it (judgment in PAGO International , C‑301/07, EU:C:2009:611, paragraph 25). | 25. In examining this condition, the national court must take into consideration all the relevant facts of the case, in particular the market share held by the trade mark, the intensity, geographical extent and duration of its use, and the size of the investment made by the undertaking in promoting it ( General Motors , by way of analogy, paragraph 27). | 1 |
868,273 | 37. If follows that, as the Advocate General observed in essence in point 37 of her Opinion, although mineral oils used other than as motor fuel or heating fuel fell within the scope of Directive 92/81 – since, as the Court held in paragraphs 30 and 33 of Commission v Italy, it was compulsory for those products to be exempted from the harmonised excise duty – it was the intention of the Community legislature, on the occasion of the adoption of Directive 2003/96, to change that arrangement by excluding such products from the scope of that directive. That fact, moreover, was acknowledged by Fendt itself at the hearing. | 29 In order to determine whether the conditions for the transfer of an entity are met, it is necessary to consider all the facts characterising the transaction in question, including in particular the type of undertaking or business, whether or not its tangible assets, such as buildings and movable property, are transferred, the value of its intangible assets at the time of the transfer, whether or not the majority of its employees are taken over by the new employer, whether or not its customers are transferred, the degree of similarity between the activities carried on before and after the transfer, and the period, if any, for which those activities were suspended. However, all those circumstances are merely single factors in the overall assessment which must be made and cannot therefore be considered in isolation (see, in particular, Spijkers and Süzen, paragraphs 13 and 14 respectively). | 0 |
868,274 | 13 Finally, with regard to the inclusion in the normal value of certain expenses incurred by CSC, it must be held that in view of the considerations set out above (in paragraphs 9 and 10) and as the Court held in Joined Cases 273/85 and 107/86 Silver Seiko v Council [1988] ECR 5927, at paragraph 14, by taking into consideration the sales subsidiary' s prices it is possible to ensure that costs which manifestly form part of the selling price of a product where the sale is made by an internal sales department of the manufacturing organization are not left out of account where the same selling activity is carried out by a company which, despite being financially controlled by the manufacturer, is a legally distinct entity. | 41. Thus, Article 13 of Directive 2006/126, headed ‘Equivalences between non-Community model licences’, is designed solely to govern the question of equivalences between rights acquired before the implementation of that directive and the various categories of driving licence defined by the latter. | 0 |
868,275 | 28 Consequently, in accordance with settled case-law, if it is to fall outside the prohibition laid down by Article 59, the restriction imposed by the RBerG must fulfil four conditions: it must be applied in a non-discriminatory manner; it must be justified by imperative requirements in the general interest; it must be suitable for securing the attainment of the objective which it pursues; and it must not go beyond what is necessary in order to attain it (see Gebhard, paragraph 37). The Court has also stated in that connection that freedom to provide services may be restricted only by rules which are justified by overriding reasons in the general interest, in so far as that interest is not safeguarded by the rules to which the provider of the service is subject in the Member State where he is established (see, to that effect, Case C-180/89 Commission v Italy [1991] ECR I-709, paragraph 17, Case C-198/89 Commission v Greece [1991] ECR I-727, paragraph 18, and Case C-43/93 Vander Elst v Office des Migrations Internationales [1994] ECR I-3803, paragraph 16). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,276 | 29
First, it must be borne in mind that, according to the settled case-law of the Court, a presumption of relevance is enjoyed by questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, the accuracy of which is not a matter for the Court to determine. In particular, it is not for the Court of Justice, in the context of the judicial cooperation established by Article 267 TFEU, to call into question or to verify the accuracy of the national court’s interpretation of national law, as such interpretation falls within the exclusive jurisdiction of that court. Thus, the Court, when a question is referred to it by a national court, must not go beyond the interpretation of national law as described to it by that court (see, inter alia, judgment of 6 October 2015 in Târșia, C‑69/14, EU:C:2015:662, paragraphs 12 and 13 and the case-law cited). | 45. Conversely, where the agreements concluded between a principal and its intermediaries confer on or allow them functions which, from an economic point of view, are approximately the same as those carried out by an independent economic operator, because they make provision for those intermediaries to assume the financial and commercial risks linked to sales or the performance of contracts entered into with third parties, such intermediaries cannot be regarded as auxiliary organs forming an integral part of the principal’s undertaking, so that a clause restricting competition which they have entered into may be an agreement between undertakings for the purposes of Article 85 of the Treaty (see, to that effect, Suiker Unie , paragraphs 541 and 542). | 0 |
868,277 | 51
The Court has held that Articles 6 and 7 of that regulation seek to achieve the general objective of a high level of protection of health (see, to that effect, judgment of 28 January 2010, Commission v France, C‑333/08, EU:C:2010:44, paragraph 103). | 25. In that regard, at paragraph 40 of Case C‑549/07 Wallentin-Hermann [2008] ECR I‑11061, the Court held that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish, in addition, that they could not on any view have been avoided by measures appropriate to the situation, that is to say, by measures which, at the time those extraordinary circumstances arise, meet, inter alia, conditions which are technically and economically viable for the air carrier concerned. Indeed, that air carrier must, as the Court specified at paragraph 41 of that judgment, establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able, unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time, to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight. | 0 |
868,278 | 43. It is evident from the Court’s case-law that, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, as L & D does in its appeal, the points of law examined at first instance may be discussed again in the course of an appeal (see, inter alia, Case C-496/99 P Commission v CAS Succhi di Frutta [2004] ECR I-3801, paragraph 50). | 33. However, Article 14 of Directive 1999/31 makes ‘landfills which have been granted a permit, or which are already in operation at the time of [its] transposition …’, which must be effected by 16 July 2001 at the latest, subject to a transitional derogating system. | 0 |
868,279 | 26. The terms used to specify the exemptions in Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all goods and services supplied for consideration by a taxable person. Nevertheless, the interpretation of those terms must be consistent with the objectives pursued by those exemptions and comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Thus, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 should be construed in such a way as to deprive the exemptions of their intended effect (see, in particular, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18, and the case-law cited, and Eulitz , paragraph 27, and the case-law cited). | 30 In such special circumstances, the transport is organized by the employer for purposes which are not other than those of the business. The personal benefit derived by employees from such transport appears to be of only secondary importance compared to the needs of the business. | 0 |
868,280 | 70. However, although the national courts may, case by case, take account – on the basis of objective evidence – of abuse or fraudulent conduct on the part of the persons concerned in order, where appropriate, to deny them the benefit of the provisions of Community law on which they seek to rely, they must nevertheless assess such conduct in the light of the objectives pursued by those provisions ( Centros , paragraph 25). | 34. Il en découle que la taxe litigieuse est imposée non pas à tous les opérateurs de communications électroniques titulaires d’une autorisation générale ou d’un droit d’utilisation des radiofréquences ou des numéros, mais aux opérateurs titulaires d’une autorisation générale qui fournissent déjà leurs services sur le marché des services de communications électroniques aux usagers finals. De plus, les conditions d’imposition de cette taxe énoncées à l’article 302 bis KH du CGI montrent qu’elle n’est pas imposée du seul fait de la détention d’une autorisation générale ou d’un octroi d’un droit d’utilisation des radiofréquences ou des numéros, mais qu’elle est liée à l’activité de l’opérateur consistant à fournir des prestations de communications électroniques aux usagers finals en France. Par conséquent, il y a lieu de considérer que le fait générateur de la taxe litigieuse n’est pas lié à la procédure d’autorisation générale ou à l’octroi d’un droit d’utilisation des radiofréquences ou des numéros. Dès lors, elle ne relève pas du champ d’application de l’article 12 de la directive «autorisation». | 0 |
868,281 | 26. In that connection, the Court has already held that three-yearly length of service increments fall within the definition of ‘employment conditions’ within the meaning of clause 4(1) of the Framework Agreement (see, to that effect, Del Cerro Alonso , paragraph 47; Gaviero Gaviero and Iglesias Torres , paragraphs 50 to 58; and order of 18 March 2011 in Case C‑273/10 Montoya Medina , paragraphs 32 to 34) as well as the compensation that the employer must pay to an employee on account of the unlawful insertion of a fixed-term clause into his employment contract ( Carratù, paragraph 38). | 34. It should be noted, at the outset, that, although direct taxation falls within their competence, Member States must none the less exercise that competence consistently with Community law (see, in particular, Case C‑80/94 Wielockx [1995] ECR I‑2493, paragraph 16; Case C‑35/98 Verkooijen [2000] ECR I‑4071, paragraph 32; and Case C‑422/01 Skandia and Ramstedt [2003] ECR I‑6817, paragraph 25). | 0 |
868,282 | 88
That being so, the increase in the use of renewable energy sources constitutes — as is explained, in particular, in recital 1 of Directive 2009/28 — one of the important components of the package of measures needed to reduce greenhouse gas emissions and to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and with other EU and international greenhouse gas emission reduction commitments beyond the year 2012 (see, to that effect, judgment of 1 July 2014, Ålands Vindkraft, C‑573/12, EU:C:2014:2037, paragraph 79 and the case-law cited). | 48. In such circumstances, it is settled case-law that the wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all EU languages (judgment in Ivansson and Others , C‑307/13, EU:C:2014:2058, paragraph 40 and the case-law cited). | 0 |
868,283 | 104. As regards Parker Pen v Commission , it is clear from paragraph 94 thereof that the Court of First Instance merely applied the rules set out in paragraph 121 of Musique Diffusion Française and Others v Commission , and set out in paragraph 100 of the present judgment. | 18 It is not open to a Member State to prevent the marketing in its territory of articles of precious metal hallmarked in the Member State of exportation by an independent body, on the ground that in its contention it is only action by the competent body in the State of importation which can ensure that the hallmark functions as a guarantee. | 0 |
868,284 | 50. It follows from the Court’s case‑law that ‘equivalent periods of compensatory rest’ within the meaning of Article 17(2) of Directive 2003/188 must, in order to comply with both those qualifications and the objective of the directive as described in paragraph 37 of this judgment, be characterised by the fact that during such periods the worker is not subject to any obligation vis-à-vis his employer which may prevent him from pursuing freely and without interruption his own interests in order to neutralise the effects of work on his safety or health. Such rest periods must therefore follow on immediately from the working time which they are supposed to counteract in order to prevent the worker from experiencing a state of fatigue or overload owing to the accumulation of consecutive periods of work (see Jaeger , paragraph 94). | 178. In the present case, it must be noted that the appellant does not deny that, even on the assumption that it does not have the scope to adjust its wholesale prices for local loop access services, the spread between those prices and its retail prices for end-user access services is capable of having an exclusionary effect on its equally efficient actual or potential competitors, since their access to the relevant service markets is, at the very least, made more difficult as a result of the margin squeeze which such a spread can entail for them. | 0 |
868,285 | 64. However, although Article 26(1) of Directive 93/36 leaves it to the contracting authority to choose the criteria on which it intends to base its award of the contract, that choice may relate only to criteria aimed at identifying the offer which is the most economically advantageous (see to this effect Beentjes , paragraph 19, SIAC Construction , paragraph 36, and Concordia Bus Finland , paragraph 59). | 21 IN VIEW OF THE CONTENT AND OBJECTIVES OF THE DIRECTIVE, IT MUST BE FOUND THAT, IN REGULATING CONDITIONS FOR THE PRODUCTION AND MARKETING OF MEAT WITH A VIEW TO IMPROVING ITS QUALITY, IT COMES INTO THE CATEGORY OF MEASURES PROVIDED FOR BY THE AFOREMENTIONED COMMON ORGANIZATIONS OF THE MARKETS IN MEAT AND THUS CONTRIBUTES TO THE ACHIEVEMENT OF THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY WHICH ARE SET OUT IN ARTICLE 39 OF THE TREATY . | 0 |
868,286 | 59. For the purpose of answering the third question, it should be borne in mind, first of all, that, under Article 27 of Regulation No 1346/2000, the opening of main proceedings means that it is possible to open secondary proceedings in another Member State, a court of which has jurisdiction pursuant to Article 3(2) of that regulation. As is apparent from the Court’s case-law, the opening of such proceedings is possible both where the main proceedings have a protective purpose and, a fortiori , where the main proceedings are winding-up proceedings (see, to that ef fect, the judgment in Bank Handlowy and Adamiak , EU:C:2012:739, paragraph 63). | 19. En outre, ainsi qu’il a été relevé par la Commission, selon une jurisprudence constante de la Cour, si la transposition d’une directive n’exige pas nécessairement une reprise formelle et textuelle des dispositions de celle-ci dans une disposition légale expresse et spécifique et peut se satisfaire d’un contexte juridique général, il est cependant nécessaire que ce contexte juridique soit suffisamment clair et précis pour que les bénéficiaires soient mis en mesure de connaître la plénitude de leurs droits et, le cas échéant, de s’en prévaloir devant les juridictions nationales (voir, notamment, arrêts du 15 novembre 2001, Commission/Italie, C-49/00, Rec. p. I‑8575, point 21, et du 16 juillet 2009, Commission/Irlande, C‑554/07, non encore publié au recueil, point 60). | 0 |
868,287 | 23. According to settled case-law, the existence of a direct and immediate link between a particular input transaction and a particular output transaction or transactions giving rise to entitlement to deduct is, in principle, necessary before the taxable person is entitled to deduct input VAT and in order to determine the extent of such entitlement (see Midland Bank , paragraph 24; Abbey National , paragraph 26; and Case C-32/03 Fini H [2005] ECR I-1599, paragraph 26). The right to deduct VAT charged on the acquisition of input goods or services presupposes that the expenditure incurred in acquiring them was a component of the cost of the output transactions that gave rise to the right to deduct (see Midland Bank , paragraph 30; Abbey National , paragraph 28; and Case C-16/00 Cibo Participations [2001] ECR I-6663, paragraph 31). | 30 It follows from that principle as well as from the rule enshrined in paragraph 19 of the judgment in BLP Group, cited above, according to which, in order to give rise to the right to deduct, the goods or services acquired must have a direct and immediate link with the taxable transactions, that the right to deduct the VAT charged on such goods or services presupposes that the expenditure incurred in obtaining them was part of the cost components of the taxable transactions. Such expenditure must therefore be part of the costs of the output transactions which utilise the goods and services acquired. That is why those cost components must generally have arisen before the taxable person carried out the taxable transactions to which they relate. | 1 |
868,288 | 58. The Court has already accepted in connection with professions in which the number of posts available was limited that retirement at an age laid down by law facilitated access to employment by younger people (see to that effect, in relation to panel dentists, Petersen , paragraph 70, and, in relation to university professors, Georgiev , paragraph 52). | 18 It is immaterial that the shareholder against whom the clause conferring jurisdiction is invoked opposed the adoption of the clause or that he became a shareholder after the clause was adopted. | 0 |
868,289 | 54. However, if that latter condition is not satisfied, it will be considered that the intermediate measure – independently of whether the latter expresses a provisional opinion of the institution concerned – produces independent legal effects and must therefore be capable of forming the subject-matter of an action for annulment ( AKZO Chemie and AKZO Chemie UK v Commission , paragraph 20; Case C‑170/89 BEUC v Commission [1991] I‑5709, paragraphs 9 to 11; Case C‑39/93 P SFEI and Others v Commission [1994] ECR I‑2681, paragraph 28; Case C- 400/99 Italy v Commission [2001] ECR I-7303, paragraphs 57 to 68; Athinaïki Techniki v Commission , paragraph 54). | 26. Since the person who has caused the harm to the holder of the exclusive reproduction right is the person who, for his private use, reproduces a protected work without seeking prior authorisation from that rightholder, it is, in principle, for that person to make good the harm related to that copying by financing the compensation which will be paid to that rightholder ( Padawan , paragraph 45). | 0 |
868,290 | 22
Secondly, the formulation of the question referred for a preliminary ruling seems to suggest that the referring court starts from the premiss that the goods and services offered by Együd Garage are identical to those for which that mark is registered. In that regard, it follows from the case-law of the Court that the use in advertisements of a car trade mark to inform the public that a third party carries out the repair and maintenance of authentic cars bearing that mark should be assessed, in principle, having regard to Article 5(1)(a), even where that mark has not been registered for that service (see, to that effect, judgment in BMW, C‑63/97, EU:C:1999:82, paragraphs 33, 34 and 37 to 39). | 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 |
868,291 | 49. Questions 2(a) and (b) concern matters harmonised by directives 73/23, 89/336 and 1999/5. As the Court has consistently held, national measures relating to such matters must be assessed in the light of those directives and not of Articles 28 EC and 30 EC (see, in particular, Case C-99/01 Linhart and Biffl [2002] ECR I-9375, paragraph 18). | Toutefois, l’inscription au tableau des créances de celle relative à la restitution des aides concernées ne permet de satisfaire à l’obligation de récupération que si, dans le cas où les autorités étatiques ne pourraient récupérer l’intégralité du montant des aides, la procédure de faillite aboutit à la liquidation de l’entreprise bénéficiaire des aides illégales, c’est-à-dire à la cessation définitive de son activité (arrêt du 11 décembre 2012, Commission/Espagne, C‑610/10, EU:C:2012:781, point 104). | 0 |
868,292 | 55. With regard to damage resulting from infringements of an intellectual and commercial property right, the Court has stated that the occurrence of damage in a particular Member State is subject to the protection, in that State, of the right in respect of which infringement is alleged (see Case C‑523/10 Wintersteiger EU:C:2012:220, paragraph 25, and C‑170/12 Pinckney , EU:C:2013:635, paragraph 33). | 89. Pour autant que la requérante a demandé devant le Tribunal une réduction de l’amende qui lui a été infligée de façon à tenir compte des conséquences préjudiciables ayant résulté pour elle de la durée excessive de la procédure devant cette juridiction, il convient de constater qu’une telle demande, d’une part, a un objet différent de celui d’une procédure en annulation, laquelle se limite au contrôle de la légalité de l’acte attaqué, et, d’autre part, implique l’examen de faits différents de ceux pris en considération dans le cadre d’une procédure en annulation. Il s’ensuit que le Tribunal n’a pas commis d’erreur de droit en jugeant, au point 18 de l’arrêt attaqué, que, dans le cadre du recours en annulation dont il était saisi, la légalité de la décision litigieuse ne pouvait être appréciée qu’à la lumière des faits et des circonstances dont disposait la Commission à la date de son adoption. | 0 |
868,293 | 27. Certes, la Cour a déjà jugé, dans une situation où un «produit» au sens de l’article 1 er du règlement nº 469/2009 est protégé par plusieurs brevets de base détenus, le cas échéant, par des titulaires différents, qu’il s’agisse de brevets sur ce produit, de brevets sur des procédés d’obtention de celui-ci ou de brevets portant sur une application dudit produit, que, conformément à l’article 3, sous c), de ce règlement, chacun de ces brevets est susceptible d’ouvrir droit à un CCP, mais qu’il ne saurait être délivré plus d’un certificat pour un brevet de base (voir arrêts précités Biogen, point 28; ainsi que AHP Manufacturing, points 22 et 23). Dans une telle situation, les types de brevets appartenant, le cas échéant, à chacun de ces titulaires auront, à cet égard, des conséquences sur la protection pouvant être obtenue par l’octroi de CCP puisque, pour un brevet protégeant un produit en tant que tel, la protection conférée par le CCP couvrira ce produit, tandis que, pour un brevet portant sur un procédé d’obtention d’un produit, cette protection portera uniquement sur le procédé d’obtention de ce produit ou, si le droit applicable à ce brevet le prévoit, éventuellement sur le produit directement obtenu par ce procédé (voir ordonnance University of Queensland et CSL, précitée, point 39) et, pour un brevet portant sur une application thérapeutique nouvelle d’un principe actif, connu ou non, la protection conférée par le CCP pourra couvrir non pas le principe actif en tant que tel, mais uniquement l’utilisation nouvelle de ce produit (arrêt du 19 juillet 2012, Neurim Pharmaceuticals (1991), C‑130/11, point 25). | 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 |
868,294 | 44 The same applies where the possibility for addressees not to give effect to the Community measure is purely theoretical and their intention to act in conformity with it is not in doubt (see to that effect Case 62/70 Bock v Commission [1971] ECR 897, paragraphs 6 to 8, Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraphs 8 to 10, and Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-0000, paragraph 51). | 150
In the main proceedings, it must be observed that the importance of the objectives pursued by the contested acts, namely the protection of Ukraine’s territorial integrity, sovereignty and independence and the promotion of a peaceful settlement of the crisis in that country, the achievement of which, as is apparent from the factors mentioned in paragraphs 113 to 115 of the present judgment, is part of the wider objective of maintaining peace and international security, in accordance with the objectives of the Union’s external action stated in Article 21 TEU, is such as to justify the possibility that, for certain operators, the consequences may be negative, even significantly so. In those circumstances, and having regard, inter alia, to the fact that the restrictive measures adopted by the Council in reaction to the crisis in Ukraine have become progressively more severe, interference with Rosneft’s freedom to conduct a business and its right to property cannot be considered to be disproportionate. | 0 |
868,295 | 52. Similarly, the Court has held that, where the transaction in question goes beyond what the companies concerned would have agreed under fully competitive conditions, the corrective tax measure must, in order not to be considered disproportionate, be confined to the part which exceeds what would have been agreed under such conditions (see, to that effect, SGI , paragraph 72). | 3. The CN is based on the Harmonised Commodity Description and Coding System (‘the HS’) drawn up by the Customs Cooperation Council, now the World Customs Organisation (WCO), and established by the International Convention on the Harmonised Commodity Description and Coding System concluded at Brussels on 14 June 1983, approved on behalf of the European Economic Community by Council Decision 87/369/EEC of 7 April 1987 (OJ 1987 L 198, p. 1). It uses the six-digit classification of the headings and subheadings of the HS, adding seventh and eighth digits to create its own specific subdivisions. | 0 |
868,296 | 25. That provision contains a derogation from the rule of treatment of bodies governed by public law as non-taxable persons in respect of the activities or transactions engaged in by them as public authorities where such treatment would lead to significant distortions of competition ( Comune di Carpaneto Piacentino and Others , paragraph 22). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,297 | 24. In that regard, it is sufficient to point out that, in accordance with settled case-law, the Court has jurisdiction to rule on questions referred by the national court even where the facts of the proceedings before that court fall outside the scope of EU law, provided that, in regulating situations not covered by EU law, the domestic legislation has adopted the same solutions as those adopted under EU law. The Court has consistently held that the legal order of the European Union clearly has an interest in ensuring that, in order to forestall future divergences of interpretation, every provision of EU law is interpreted uniformly, irrespective of the circumstances in which that provision is to apply (see, to that effect, inter alia, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑379, paragraphs 15 to 19; Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19; and Case C-205/09 Eredics and Sápi [2010] ECR I-0000, paragraph 33). | 72. S’agissant du contrôle de la légalité d’une décision adoptant des mesures restrictives, la Cour a jugé que, eu égard à leur nature préventive, si le juge de l’Union considère que, à tout le moins, l’un des motifs mentionnés est suffisamment précis et concret, qu’il est étayé et qu’il constitue en soi une base suffisante pour soutenir cette décision, la circonstance que d’autres de ces motifs ne le seraient pas ne saurait justifier l’annulation de ladite décision (voir arrêt Kadi II, point 130). | 0 |
868,298 | 50. By the third part of this ground of appeal, the appellants complain that the General Court held, in paragraph 112 of the judgment under appeal, that the UNDRIP does not have binding force and that it failed to examine whether the EU institutions obtained the appellants’ prior consent in accordance with Article 19 of that declaration before the basic regulation was adopted. Although that declaration does not in itself have binding legal status, the European Union, in recital 14 in the preamble to the basic regulation, acknowledged the obligation to comply with the provisions of the UNDRIP in good faith. In accordance with the Court of Justice’s case-law, the European Union cannot derogate from the rules it has laid down in applying that declaration (judgment in NTN Toyo Bearing and Others v Council , 113/77, EU:C:1979:91, paragraph 21). Furthermore, it is apparent from a resolution of the International Law Association published in 2012 that Article 19 of the UNDRIP lays down a rule of customary international law with which the European Union is required to comply in the exercise of its powers. | 79. However, the European Union judicature must, inter alia, establish not only whether the evidence relied on is factually accurate, reliable and consistent but also whether that evidence contains all the relevant information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (Case C‑12/03 P Commission v Tetra Laval [2005] ECR I‑987, paragraph 39; Commission v Scott , paragraph 65; and Frucona Košice v Commission , paragraph 76). | 0 |
868,299 | 89. It is clear that conduct which directly affects the prices of products manufactured in the Community – in the present case, the payment of royalties – may be capable of casting doubt, first, on the causal link between the subsidised imports and the injury (see, to that effect, AGST Draht- und Biegetechnik , paragraphs 45 to 54) and, second, on the assessment of the injury suffered by the Community industry by reason of the undercutting prices of those imports. | 27 However, in view of the complexity of the matter and the differences between the legislation of the Member States, the Council was empowered to achieve the necessary harmonization progressively. It was therefore quite open to the Council to allow Member States temporarily to impose an obligation to exchange licences. | 0 |
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