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868,500 | 45. The Court however held that such private use did not amount to a letting for the purposes of Article 13B(b) of the Sixth Directive ( Seeling , paragraphs 49 to 52). | 19 In regard to that argument, it should be noted that the reasoned opinion must contain a coherent and detailed statement of the reasons which persuaded the Commission that the State concerned had failed to fulfil one of its obligations under the Treaty (see the judgment in Case C-247/89 Commission v Portugal [1991] ECR I-3659, paragraph 22). | 0 |
868,501 | 53. However, the Court reached that conclusion only after having found, on the basis of scientific data submitted to it, that some of the tasks of persons in the intermediate career of the fire service, such as fighting fires, required ‘exceptionally high’ physical capacities and that very few officials over 45 years of age have sufficient physical capacity to perform the fire-fighting part of their activities. In the Court’s view, recruitment at an older age would have the consequence that too large a number of officials could not be assigned to the most physically demanding duties. Similarly, such recruitment would not allow the officials thus recruited to be assigned to those duties for a sufficiently long period. Finally, the rational organisation of the professional fire service requires, for the intermediate career, a correlation between the physically demanding posts not suitable for older officials and the less physically demanding posts suitable for those officials (judgment in Wolf , EU:C:2010:3, paragraphs 41 and 43). | 23. In that regard, it is settled case-law that those special rules on jurisdiction must be strictly interpreted and cannot be given an interpretation going beyond the cases expressly envisaged by Regulation No 44/2001 (see, in relation to the Brussels Convention, Case C-168/02 Kronhofer [2004] ECR I-6009, paragraph 14 and the case-law cited). | 0 |
868,502 | 18. In that regard, it must be borne in mind that, in accordance with settled case-law, although in a reference for a preliminary ruling the Court cannot give a ruling either on questions which fall within the national law of the Member States or on the compatibility of national provisions with Community law, it can, however, supply a ruling on the interpretation of Community law so as to enable the national court to decide the case before it (see, inter alia, Case C-150/88 Parfümerie-Fabrik 4711 [1989] ECR I-3891, paragraph 12, and Case C-124/99 Borawitz [2000] ECR I-7293, paragraph 17). | 103. En ce qui concerne, d’abord, les conditions de travail, il n’y a pas de «lien de subordination», au sens de l’article 4, paragraphe 4, de la sixième directive, dès lors que les registradores-liquidadores se procurent et organisent eux-mêmes, dans les limites prévues par les dispositions réglementaires et conventionnelles pertinentes, les moyens en personnel et en matériel nécessaires à l’exercice de leurs activités. | 0 |
868,503 | 47. As the Court held in paragraph 26 of its judgment in Case C-260/98 Commission v Greece [2000] ECR I-6537, an analysis of those definitions shows that the scope of the term economic activities is very wide, and that the term is objective in character, in the sense that the activity is considered per se and without regard to its purpose or results (see also Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 8, and, to that effect, in particular Case 268/83 Rompelman [1985] ECR 655, paragraph 19, and Case C-497/01 Zita Modes [2003] ECR I-14393, paragraph 38). | 16. Since Article 7 of the directive on habitats provides that the obligations which arise, among others, under Article 6(2) of that directive are to replace those arising under the first sentence of Article 4(4) of the directive on birds in respect of SPAs, the legal status of protection of those areas must also guarantee the avoidance therein of the deterioration of natural habitats and the habitats of species as well as significant disturbance of the species for which those areas have been designated. | 0 |
868,504 | 43. According to the case‑law of the Court the principle of non-discrimination, whether it has its basis in Article 12 EC or Articles 39 EC, 43 EC or 56 EC, requires that comparable situations must not be treated differently and that different situations must not be treated in the same way (see, to that effect, Case C‑155/09 Commission v Greece [2011] ECR I‑65, paragraph 68 and the case‑law cited). | 54 IT FOLLOWS THAT IN THE ABSENCE OF A SEAT OR EVEN A SINGLE PLACE OF WORK , THE PARLIAMENT MUST BE IN A POSITION TO MAINTAIN IN THE VARIOUS PLACES OF WORK OUTSIDE THE PLACE WHERE ITS SECRETARIAT IS ESTABLISHED THE INFRASTRUCTURE ESSENTIAL FOR ENSURING THAT IT MAY FULFIL IN ALL THOSE PLACES THE TASKS WHICH ARE ENTRUSTED TO IT BY THE TREATIES . WITHIN THOSE LIMITS THE ESTABLISHMENT OF SUCH AN INFRASTRUCTURE OUTSIDE THE PLACE WHERE THE SECRETARIAT IS LOCATED MAY THEREFORE BE CONSIDERED COMPATIBLE WITH THE ABOVE-MENTIONED PRINCIPLES GOVERNING THE RESPECTIVE POWERS IN THE MATTER .
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868,505 | 22. That view is correct. As the Court has already held in the context of disputes relating to occupational pension schemes, the fact that a worker can claim retroactively to join such a scheme does not allow him to avoid paying the contributions relating to the period of membership concerned (Case C‑128/93 Fisscher [1994] ECR I‑4583, paragraph 37; Case C‑435/93 Dietz [1996] ECR I‑5223, paragraph 34, and Case C‑78/98 Preston and Others [2000] ECR I‑3201, paragraph 39). | 121. In any event, the United Kingdom cannot legitimately submit in this regard that, since sewage treatment works contribute less than 5% of nitrogen inputs to the Wash, the identification of that body of water as a sensitive area would entail disproportionate expenditure in that it necessitates more stringent treatment of urban waste water. It is settled case-law that a Member State cannot plead practical or administrative difficulties to justify failure to comply with obligations and time-limits laid down by a directive. The same holds true of financial difficulties, which it is for the Member States to overcome by adopting appropriate measures (see, inter alia, Case C-433/02 Commission v Belgium [2003] ECR I‑12191, paragraph 22, and the judgment of 30 November 2006 in Case C-293/05 Commission v Italy , paragraph 35). | 0 |
868,506 | 43. First, in paragraphs 48 to 52 of the judgment in Gabriel , the Court found that the condition for application of point 3 of the first paragraph of Article 13 of the Brussels Convention, relating to the existence of a ‘contract concluded by’ a consumer with a professional vendor, within the meaning of that provision, was satisfied in that case on the basis of the fact that the concordance of intention between the two parties, manifesting itself in the offer of goods made by the mail-order company and the acceptance of that offer by the consumer when he placed an order for such goods as a result, had given rise to a contract concluded between those parties, characterised by reciprocal and interdependent obligations between them and concerning one of the purposes set out in that provision, namely, in that case, the supply of goods. | 20 According to settled case-law, Article 92(1) does not distinguish between measures of State intervention by reference to their causes or aims but defines them in relation to their effects (Case 173/73 Italy v Commission [1974] ECR 709, paragraph 13). | 0 |
868,507 | 115. While it has not gone so far as to rule out the possibility of a State being liable in less restrictive conditions on the basis of national law, the Court has held that there are three conditions under which a Member State will be liable to make reparation for loss and damage caused to individuals as a result of breaches of Community law for which it can be held responsible, namely that the rule of law infringed must be intended to confer rights on individuals, that the breach must be sufficiently serious, and that there must be a direct causal link between the breach of the obligation resting on the State and the loss or damage sustained by the injured parties (see Brasserie du Pêcheur and Factortame , paragraphs 51 and 66; Case C-224/01 Köbler [2003] ECR I-10239, paragraphs 51 and 57; and Test Claimants in the FII Group Litigation , paragraph 209). | 27 Consequently, an action for annulment brought by the Parliament against an act of the Council or the Commission is admissible provided that the action seeks only to safeguard its prerogatives and that it is founded only on submissions alleging their infringement . Provided that condition is met, the Parliament' s action for annulment is subject to the rules laid down in the Treaties for actions for annulment brought by the other institutions . | 0 |
868,508 | 29. Under the legislation at issue in the main proceedings, testimony given during the preliminary enquiries must generally be repeated in open court in order to acquire full evidential value. It is, however, permissible in certain cases to give that testimony only once, during the preliminary investigation, with the same probative value, but under different arrangements from those which apply in open court ( Pupino , paragraph 55). | 86 Where there is a dispute as to the existence of an infringement of the competition rules, it is incumbent on the Commission to prove the infringements which it has found and to adduce evidence capable of demonstrating to the requisite legal standard the existence of circumstances constituting an infringement (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 58). In doing this, the Commission must establish in particular all the facts enabling the conclusion to be drawn that an undertaking participated in such an infringement and that it was responsible for the various aspects of it. | 0 |
868,509 | 45. The Court has held on several occasions that the Commission may ask the Court to find that, in not having achieved, in a specific case, the result intended by a directive, a Member State has failed to fulfil its obligations (see, in particular, Joined Cases C-20/01 and C-28/01 Commission v Germany [2003] ECR I-3609, paragraph 30; Case C-157/03 Commission v Spain [2005] ECR I-2911, paragraph 44; and Case C-503/03 Commission v Spain , paragraph 59). | 37 It must also be pointed out that, in this particular instance, the Federal Supervisory Board exercises a judicial function, for it can find that a determination made by a review body is unlawful and it can direct the review body to make a fresh determination. | 0 |
868,510 | 35 The application of national rules to providers of services established in other Member States must be appropriate for securing the attainment of the objective which they pursue and must not go beyond what is necessary in order to attain it (see, in particular, Säger, paragraph 15, Case C-19/92 Kraus v Land Baden-Württemberg [1993] ECR I-1663, paragraph 32, Case C-55/94 Gebhard v Consiglio dell'Ordine degli Avvocati e Procurati di Milano [1995] ECR I-4165, paragraph 37, and Guiot, cited above, paragraphs 11 and 13). | 47. As is clear, in particular, from the twelfth recital in the preamble to Directive 93/36 and the eighth recital in the preamble to Directive 93/37, the negotiated procedure is exceptional in nature and, therefore, must be applied only in cases which are set out in an exhaustive list. To that end Articles 6(3)(a) of Directive 93/36 and Article 7(3)(a) of Directive 93/37 exhaustively list the cases in which the negotiated procedure may be used without prior publication of a tender notice. | 0 |
868,511 | 26. If there is no means of redress, allowing the implementing measures to be challenged, it should, it is submitted, be borne in mind that in the judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council (C‑583/11 P, EU:C:2013:625, paragraphs 97 and 103), the Court held that ‘neither the FEU Treaty nor Article 19 TEU intended to create new remedies before the national courts to ensure the observance of EU law other than those already laid down by national law’, and that Article 47 is not intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to the admissibility of direct actions brought before the Courts of the European Union. | À cet égard, il importe de rappeler que la circonstance qu’un État membre cherche à rapprocher, par des mesures unilatérales, les conditions de concurrence existant dans un certain secteur économique de celles prévalant dans d’autres États membres ne saurait enlever à ces mesures le caractère d’aides (voir arrêts du 29 avril 2004, Italie/Commission, C‑372/97, EU:C:2004:234, point 67, ainsi que du 9 juin 2011, Comitato « Venezia vuole vivere » e.a./Commission, C‑71/09 P, C‑73/09 P et C‑76/09 P, EU:C:2011:368, point 95). | 0 |
868,512 | 41. Like the specialty rule set out in Article 27(2) of the Framework Decision, according to which a person may not be prosecuted, sentenced or otherwise deprived of his liberty for an offence committed prior to his surrender other than that for which he was surrendered (see Case C-388/08 PPU Leymann and Pustovarov [2008] ECR I-8983, paragraph 43), the rule laid down in Article 28(2) of that Framework Decision confers on the requested person the right not to be surrendered to a Member State other than the executing Member State for the purposes of conducting a criminal prosecution or executing a custodial sentence for an offence committed prior to his surrender to the issuing Member State. | 48. As a preliminary point, it should be borne in mind that the Community trade mark system is an autonomous system with its own set of objectives and rules peculiar to it; it applies independently of any national system (see Case C‑190/10 Génesis [2012] ECR I‑0000, paragraph 36, and Case C‑320/12 Malaysia Dairy Industries [2013] ECR I‑0000, paragraph 33). | 0 |
868,513 | 30. It must be recalled that the principles of legal certainty and protection of legitimate expectations form part of the EU legal order and, as such, must be observed not only by the EU institutions but also by Member States in the exercise of the powers conferred on them by EU rules (see, to that effect, inter alia, judgments in Netto Supermarkt , C‑271/06, EU:C:2008:105, paragraph 18, and Plantanol , C‑201/08, EU:C:2009:539, paragraph 43). | 43. It must be recalled that the principles of legal certainty and protection of legitimate expectations form part of the Community legal order. On that basis, these principles must be respected by the Community institutions, but also by Member States in the exercise of the powers conferred on them by Community directives (see, to that effect, Case C‑381/97 Belgocodex [1998] ECR I‑8153, paragraph 26; Case C‑376/02 ‘ Goed Wonen ’ [2005] ECR I-3445, paragraph 32; and Case C‑271/06 Netto Supermarkt [2008] ECR I‑771, paragraph 18). | 1 |
868,514 | 25. It follows that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases and, in particular, where it is quite obvious that the interpretation which is sought of the provisions of Community law referred to in those questions bears no relation to the actual facts of the main action or to its purpose (see, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑212/06 Gouvernement de la Communauté française and Gouvernement wallon [2008] ECR I‑1683, paragraph 29). | 79. For the purposes of such an assessment, account must be taken of several complementary criteria, which are not autonomous and are interdependent. Consequently, they must be applied individually and in the light of their interaction with one another, given that in different specific situations, they may be met to varying degrees. | 0 |
868,515 | 46. It is thus clear from case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 98. As regards the seriousness of the infringement, it must be held that the obligation to dispose of waste without endangering human health and without harming the environment forms part of the very objectives of EU environmental policy, as is apparent from Article 191 TFEU. In particular, the failure to comply with the obligations arising under Article 4 of Directive 75/442 could, by the very nature of those obligations, endanger human health directly and harm the environment, and must therefore be regarded as particularly serious (see, to that effect, in particular, judgment in Commission v Greece , EU:C:2000:356, paragraph 94). | 0 |
868,516 | 70. Furthermore, irrespective of the fact that a Member State may, in any event, choose between a number of systems in order to prevent or mitigate the imposition of a series of charges to tax on distributed profits, the difficulties that may arise in determining the tax actually paid in another Member State cannot justify a restriction on the free movement of capital such as that which arises under the legislation at issue in the main proceedings (see, to that effect, Case C‑334/02 Commission v France [2004] ECR I‑2229, paragraph 29, and Manninen , paragraph 54). | 20 In order to reply to this question, it is important to remember the context in which it was decided to limit the effects in time of the Barber judgment. | 0 |
868,517 | 29. Also according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court should define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based (Case C‑72/03 Carbonati Apuani [2004] ECR I‑8027, paragraph 10; Case C‑134/03 Viacom Outdoor [2005] ECR I‑1167, paragraph 22; and CEEES , paragraph 26). | 10 IT WAS THEREFORE AFTER THE RECEIPT OF THAT LETTER , AT THE LATEST , THAT THE COMMISSION WAS UNDER A CLEAR DUTY TO REINSTATE THE APPLICANT ON THE FIRST OCCASION ON WHICH THE REQUIREMENTS OF ARTICLE 40 OF THE STAFF REGULATIONS WERE SATISFIED .
| 0 |
868,518 | Or, dès lors que le caractère nécessaire du renseignement doit être apprécié par rapport au but mentionné dans la demande
de renseignements, ce but doit être indiqué avec suffisamment de précision, sans quoi il serait impossible de déterminer si
le renseignement est nécessaire et la Cour ne pourrait pas exercer son contrôle (voir, en ce sens, arrêt SEP/Commission, C‑36/92 P,
EU:C:1994:205, point 21). | 13 As far as the years 1983 and 1984 are concerned, the Commission' s evidence is limited to giving the total quantities caught by stock . It is common ground that those figures include both catches made before the adoption of the decisions to prohibit fishing and illegal catches made after the adoption of those decisions . Since the Commission has not specified the total volume of catches taken by the time of the adoption of the decisions or of those taken by the time of the entry into force of those decisions upon their publication in the Staatscourant, it is impossible for the Court to determine whether the established breaches of quotas were due to the late prohibition of fishing or to illegal catches . Consequently, it must be concluded that the Commission has not proved that the Netherlands decided too late to prohibit fishing in 1983 and 1984 . | 0 |
868,519 | 39. As for the second objection, it must be acknowledged that all the facts in the main proceedings are confined to a single Member State. However, national legislation such as Decree-Law No 422/89, which applies without distinction to Portuguese nationals and to nationals of other Member States, may generally fall within the scope of the provisions on the fundamental freedoms established by the Treaty only to the extent that it applies to situations related to intra-Community trade (see, to that effect, Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, paragraph 9, and Case 98/86 Mathot [1987] ECR 809, paragraphs 8 and 9, and Reisch and Others , cited above, paragraph 24). | 33. A situation such as that at issue in the main proceedings, which is characterised by the existence, between different breweries, of structural links in terms of shareholding and voting rights, and which results in a situation where one individual, performing his duties as manager of a number of the breweries concerned, is able, independently of his actual conduct, to exercise influence over the taking of business decisions by those breweries, prevents them from being considered economically independent of each other within the meaning of Article 4(2) of Directive 92/83. | 0 |
868,520 | 72. It is also settled case-law that the restoration of the previous situation and the elimination of the distortion of competition resulting from the unlawfully paid aid may in principle be achieved through registration of the liability relating to the repayment of the aid in question in the schedule of liabilities (see, to that effect, Case 52/84 Commission v Belgium [1986] ECR 89, paragraph 14; Case C-142/87 Belgium v Commission , [1990] ECR I-959, ‘ Tubemeuse ’, paragraphs 60 to 62; Case C-277/00 Germany v Commission [2004] ECR I-3925, paragraph 85; and Case C-331/09 Commission v Poland [2011] ECR I-2933, paragraph 60). | 60. However, it must be recalled that, as follows from the case-law on bankrupt undertakings that have received aid, the restoration of the previous situation and the elimination of the distortion of competition resulting from the unlawfully paid aid may, in principle, be achieved by registration of the liability relating to the repayment of the aid in question in the schedule of liabilities (Case 52/84 Commission v Belgium [1986] ECR 89, paragraph 14; Case C‑142/87 Belgium v Commission (‘Tubemeuse’) [1990] ECR I‑959, paragraphs 60 to 62; and Case C‑277/00 Commission v Germany [2004] ECR I‑3925, paragraph 85). | 1 |
868,521 | 17 Articles 12 and 13 of the Treaty prohibit customs duties on imports and exports in trade between the Member States and charges having equivalent effect. With regard to customs duties and charges having equivalent effect on imports, the Court has stated (judgments in Case 77/72 Capolongo [1973] ECR 611, Compagnie Commerciale de l' Ouest and Sanders, cited above) that in principle that prohibition covers all charges levied at the time of or by reason of importation, which are imposed specifically on an imported product but not on a similar domestic product. It has also held that pecuniary charges intended to finance the activities of an agency governed by public law can constitute charges having equivalent effect. | 28 It is for the national court to determine whether the charge imposed on the domestic product is wholly or partly offset by the use of the revenue from the charge in question for the benefit of domestic products. | 1 |
868,522 | 19. The Court has consistently held that restrictions on the freedom of establishment and the freedom to provide services referred to in Articles 43 EC and 49 EC respectively are measures which prohibit, impede or render less attractive the exercise of such freedoms (see, to that effect Case C‑439/99 Commission v Italy [2002] ECR I‑305, paragraph 22; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 31; and Case C‑248/06 Commission v Spain [2008] ECR I‑0000, paragraph 21). | 17 Accordingly, it should be stated in reply to the national courts' first question that an ad valorem charge levied by a Member State on goods imported from another Member State by reason of their entry into a region of the first Member State' s territory constitutes a charge having an effect equivalent to a customs duty on imports, notwithstanding the fact that it is also levied on goods entering that region from another part of the same State' s territory, and notwithstanding the fact that an ad valorem charge is also levied on goods exported from the region in question.
The second question | 0 |
868,523 | 18
It is settled case-law that the public policy exception constitutes a derogation from the right of residence of Union citizens and their family members, which must be interpreted strictly and the scope of which cannot be determined unilaterally by the Member States (see, to that effect, judgments of 4 December 1974, van Duyn, 41/74, EU:C:1974:133, paragraph 18; of 27 October 1977, Bouchereau, 30/77, EU:C:1977:172, paragraph 33; of 29 April 2004, Orfanopoulos and Oliveri, C‑482/01 and C‑493/01, EU:C:2004:262, paragraph 65; and of 13 September 2016, Rendón Marín, C‑165/14, EU:C:2016:675, paragraph 58). | 58
It is settled case-law that the public policy exception constitutes a derogation from the right of residence of Union citizens and their family members, which must be interpreted strictly and the scope of which cannot be determined unilaterally by the Member States (see, to this effect, judgments of 4 December 1974, van Duyn, 41/74, EU:C:1974:133, paragraph 18; of 27 October 1977, Bouchereau, 30/77, EU:C:1977:172, paragraph 33; of 29 April 2004, Orfanopoulos and Oliveri, C‑482/01 and C‑493/01, EU:C:2004:262, paragraph 65; of 27 April 2006, Commission v Germany, C‑441/02, EU:C:2006:253, paragraph 34; and of 7 June 2007, Commission v Netherlands, C‑50/06, EU:C:2007:325, paragraph 42). | 1 |
868,524 | 55. In the Baumbast and R case Mr Baumbast, the father of the children whose right of residence in the host Member State under Article 12 of Regulation No 1612/68 was at issue, had resources which allowed him and his family not to be dependent on social assistance. None the less, the answers to the questions referred for a preliminary ruling concerning the right of residence of the children and their mother who cared for them were based not on their self-sufficiency but on the fact that the aim of Regulation No 1612/68, namely freedom of movement for workers, requires the best possible conditions for the integration of the worker’s family in the host Member State and that a refusal to allow the parents caring for the children to remain in the host Member State during the period of their children’s education might deprive the children of a right granted to them by the European Union legislature ( Baumbast and R , paragraphs 50 and 71). | 22. De surcroît, il découle de la jurisprudence que, lorsqu’une directive prévoit expressément que les dispositions de transposition de cette directive contiennent une référence à celle-ci ou sont accompagnées d’une telle référence lors de leur publication officielle, il est en tout état de cause nécessaire d’adopter un acte positif de transposition (voir arrêts du 18 décembre 1997, Commission/Espagne, C‑360/95, Rec. p. I‑7337, point 13, et Commission/Espagne, C‑361/95, Rec. p. I‑7351, point 15, ainsi que du 1 er octobre 2009, Commission/Espagne, C‑502/08, point 21). | 0 |
868,525 | 60. The suspension of a tendering procedure for the supply of medical devices may, of course, lead to delays liable to give rise to problems in running a hospital such as Venizelio-Pananio. However, as pointed out by the Advocate General in point 118 of her Opinion and pursuant to Article 14b of Directive 93/42, the objective of the protection of public health constitutes an overriding public-interest requirement entitling Member States to derogate from the principle of the free movement of goods provided that the measures taken comply with the principle of proportionality (see Case 120/78 Rewe‑Zentral [1979] ECR 649 (‘ Cassis de Dijon ’), paragraph 8; Case C‑270/02 Commission v Italy [2004] ECR I-1559, paragraphs 21 and 22; and Joined Cases C‑158/04 and C‑159/04 Alfa Vita Vassilopoulos and Carrefour-Marinopoulos [2006] ECR I-8135, paragraphs 20 to 23). | 9. Each month, on a particular date, Denplan will seek to collect the payments due from dentists’ patients. To do so it creates for each patient an electronic file which it uses to transmit information to the Bankers’ Automated Clearing System (‘the BACS’), an automated inter-bank settlement system established and operated by a company all the members of which are major United Kingdom banks. The information which Denplan transmits to the BACS includes, in respect of each patient, the patient’s bank account number and the amount which Denplan is to collect from that account. The BACS will then transmit that information on to the processing centre of the relevant bank. | 0 |
868,526 | 34. It should be noted first of all that the Court has already ruled that the provision of access to roads on payment of a toll constitutes a supply of services for consideration within the meaning of Article 2(1) of the Sixth Directive ( Commission v France , paragraph 36; Case C‑358/97 Commission v Ireland , paragraph 34; Commission v United Kingdom , paragraph 46; Case C‑408/97 Commission v Netherlands , paragraph 30; Commission v Greece , paragraph 31; and Case C-83/99 Commission v Spain [2001] ECR I‑445, paragraph 11). | 46. To that end, it should be noted that the basic regulation seeks to establish a system of self-financing of the costs of disposing of surpluses, which consists of ensuring, in a fair yet efficient way, that the producers themselves meet those costs in full ( Zuckerfabrik Jülich and Others , paragraph 44). Consequently, the method of calculation adopted must not lead, in practice, to fixing a priori the total loss at an amount greater than that of the costs linked to refunds in relation to disposing of Community production surpluses ( Zuckerfabrik Jülich and Others , paragraph 60). | 0 |
868,527 | 56. The Court has already held in similar circumstances that if the pre‑litigation procedure has attained its objective of protecting the rights of the Member State in question, that Member State, which did not inform the Commission during the pre-litigation procedure that the directive should be regarded as having already been implemented in its domestic law, cannot complain that the Commission has extended or altered the subject-matter of the action as defined by the pre-litigation procedure. According to the Court, the Commission may, after alleging that a Member State has failed to transpose a directive at all, specify in its reply that the implementation pleaded for the first time by the Member State concerned in its defence is in any event incorrect or incomplete so far as certain provisions of the directive are concerned, as such a complaint is necessarily included in the complaint alleging a complete failure to transpose and is subsidiary to that complaint (Case C‑456/03 Commission v Italy [2005] ECR I‑5335, paragraphs 23 to 42, and, in particular, paragraph 40). | 33. For the purposes of classification under the appropriate heading, the intended use of a product may constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see, inter alia, Thyssen Haniel Logistic , paragraph 13; Case C-183/06 RUMA [2007] ECR I-1559, paragraph 36; and Olicom , paragraph 18). | 0 |
868,528 | 21. Having regard to those factual elements, it must be held that the non-submerged part of the ground corresponding, in the case in the main proceedings, to the plot contiguous with the site of the houseboat on the water constitutes immovable property. Similarly, the submerged and demarcated part of the riverbed, which is covered by the river water on which the houseboat rests, constitutes immovable property (see, to that effect, Fonden Marselisborg Lystbådehavn , paragraph 34; Case C‑451/06 Walderdorff [2007] ECR I‑10637, paragraph 19). The national court observes that use of the houseboat permanently prevents any other use of the waters which it covers. | 59. It follows that, if a Member State has introduced an exception for private copying into its national law and if the final users who, on a private basis, reproduce a protected work reside on its territory, that Member State must ensure, in accordance with its territorial competence, the effective recovery of the fair compensation for the harm suffered by the holders of the exclusive right of reproduction on the territory of that State ( Stichting de Thuiskopie , paragraph 36). | 0 |
868,529 | 44. The procedure provided for by Article 234 EC is an instrument of cooperation between the Court of Justice and national courts, by means of which the Court provides the national courts with the points of interpretation of Community law which they need in order to decide the disputes before them (see, in particular, Case C-380/01 Schneider [2004] ECR I-1389, paragraph 20). | 7 Whilst acknowledging the great biological importance of the Seine estuary, the French Government replied, on 18 November 1993, that it regarded the existing protection regime as being adequate to guarantee compliance with the commitment it had entered into, on creating the SPA, to preserve bird habitats. It denied that the deposit of titanogypsum could constitute an infringement of the Wild Birds Directive, since it was located outside the SPA. | 0 |
868,530 | 31
Article 66(5) of Regulation No 817/2004 provides in addition that, where support is multiannual, payments subsequent to that made in the year in which an application was submitted must be made in response to an annual application for payment, except where the Member State has introduced an effective annual verification procedure as referred to in Article 67(1). It is apparent from that Article 66(5) that, apart from the existence of such a national procedure, no payment is made to farmers if they do not submit an annual application for payment. Submission of that annual application thus constitutes a condition governing eligibility for receiving agri-environmental aid on the basis of Articles 22 to 24 (judgment of 7 February 2013 in Pusts, C‑454/11, EU:C:2013:64, paragraph 32). | 36. As for services principally and habitually carried out as part of a lawyer’s profession, the Court has stated that they are those of representing or defending the interests of a person ( von Hoffmann , paragraph 17). | 0 |
868,531 | 7 IT SHOULD ALSO BE BORNE IN MIND , HOWEVER , THAT AT THE TIME IN QUESTION THE COUNCIL HAD NOT IMPLEMENTED THE PROTECTIVE MEASURES ENVISAGED BY ARTICLE 102 . THIS LED TO UNCERTAINTY IN THE LAW , BUT IT DID NOT ACTUALLY ENTAIL A LEGAL VACUUM FROM THE POINT OF VIEW OF COMMUNITY LAW . THE COURT HAS SHOWN IN ITS JUDGMENT OF 16 FEBRUARY 1978 ( CASE 61/77 COMMISSION V IRELAND ( 1978 ) ECR 417 , PARAGRAPHS 28 TO 37 AND 56 TO 68 ), WHAT THE LAW IS APPLICABLE IN THE CIRCUMSTANCES AND HOW POWERS ARE DIVIDED BETWEEN THE COMMUNITY AND THE MEMBER STATES . IT FOLLOWS THAT DURING THE YEAR 1978 THE MEMBER STATES HAD THE RIGHT AND THE DUTY TO ADOPT , WITHIN THEIR RESPECTIVE SPHERES OF JURISDICTION , ANY MEASURE COMPATIBLE WITHIN COMMUNITY LAW TO PROTECT THE BIOLOGICAL RESOURCES OF THE SEA AND , IN PARTICULAR , TO FIX FISHING QUOTAS FOR FISHING UNDERTAKINGS AND FISHERMEN SUBJECT TO THEIR CONTROL .
| 102. As observed in paragraph 71 of this judgment, the national courts are required to interpret national legislation, so far as possible, in order to achieve the outcome described in paragraph 101 of this judgment. | 0 |
868,532 | 19. The Court has, however, subsequently acknowledged that a defaulting Member State may rely on the expiry of a limitation period as a defence against legal proceedings, even though by the date on which the actions in question were brought that Member State had not yet correctly transposed the directive in question, ruling that the solution established in Emmott had been justified by the circumstances particular to that case, in which a time-bar had had the result of depriving the applicant in the main proceedings of any opportunity whatever to invoke her right to equal treatment under a directive (see Case C‑338/91 Steenhorst-Neerings [1993] ECR I‑5475; Case C‑410/92 Johnson [1994] ECR I‑5483; Fantask and Others , paragraphs 50 to 52; Case C‑30/02 Recheio – Cash & Carry [2004] ECR I‑6051; and Danske Slagterier , paragraphs 53 to 56). | 17 In that connection, it must be observed that the specific function of a registered designation of origin is to guarantee that the product bearing it comes from a specified geographical area and displays certain particular characteristics. | 0 |
868,533 | 52. However, that reasoning must be read in its specific context. It follows on from the finding that, under Spanish legislation, that State company is an instrument and a technical service of the General State Administration and of the administration of each of the Autonomous Communities concerned, the Court having already held, in a context different from that in the case that gave rise to the judgment in Asemfo , that being an instrument and technical service of the Spanish Administration, the company in issue is required to implement only work entrusted to it by the General Administration of that State, the Autonomous Communities or the public bodies subject to them ( Asemfo , paragraphs 49 and 53). | 40. Cela implique, plus particulièrement, que les critères d’attribution doivent être formulés, dans le cahier des charges ou dans l’avis de marché, de manière à permettre à tous les soumissionnaires raisonnablement informés et normalement diligents de les interpréter de la même manière (arrêts SIAC Construction, précité, point 42, ainsi que du 4 décembre 2003, EVN et Wienstrom, C‑448/01, Rec. p. I‑14527, point 57) et que, lors d’une évaluation des offres, ces critères doivent être appliqués de manière objective et uniforme à tous les soumissionnaires (arrêt SIAC Construction, précité, point 44). | 0 |
868,534 | 45. It should be noted that, in that regard, the Court, at paragraphs 74 and 75 of the judgment in Halifax and Others (C‑255/02, EU:C:2006:121), held, in particular, that, in the sphere of VAT, an abusive practice can be found to exist only if, first, the transactions concerned, notwithstanding formal application of the conditions laid down by the relevant provisions of the Sixth Directive and the national legislation transposing it, result in the accrual of a tax advantage the grant of which would be contrary to the purpose of those provisions and, second, it is apparent from a number of objective factors that the essential aim of the transactions concerned is solely to obtain that tax advantage. | 18 Maintenance of press diversity may constitute an overriding requirement justifying a restriction on free movement of goods. Such diversity helps to safeguard freedom of expression, as protected by Article 10 of the European Convention on Human Rights and Fundamental Freedoms, which is one of the fundamental rights guaranteed by the Community legal order (see Case C-353/89 Commission v Netherlands [1991] ECR I-4069, paragraph 30, and Case C-148/91 Vereiniging Veronica Omroep Organisatie v Commissariaat voor de Media [1993] ECR I-487, paragraph 10). | 0 |
868,535 | 41. In that respect, the Court has repeatedly held that individuals who have been harmed have a right to reparation if three conditions are met: the rule of European Union law infringed must be intended to confer rights on them; the breach of that rule must be sufficiently serious; and there must be a direct causal link between that breach and the loss or damage sustained by the individuals (see, Fuß , paragraph 47, and Case C‑568/08 Combinatie Spijker Infrabouw-De Jonge Konstruktie and Others [2010] ECR I-12655, paragraph 87 and the case-law cited). | 37. The fact that cooking wine is, as such, regarded as an edible preparation does not affect that assessment. | 0 |
868,536 | 30. According to settled case-law, it is apparent from a consideration of the provisions of that section, in the light of the documents leading to their enactment that, in affording the insured a wider range of jurisdiction than that available to the insurer and in excluding any possibility of a clause conferring jurisdiction for the benefit of the insurer, they reflect an underlying concern to protect the insured, who in most cases is faced with a predetermined contract the clauses of which are no longer negotiable and is the weaker party economically (Case 201/82 Gerling and Others [1983] ECR 2503, paragraph 17, and Case C-412/98 Group Josi [2001] ECR I-5925, paragraph 64). | 49 Therefore, whilst the Commission was entitled to examine the effect on the transport sector of the grant of the contested aid to non-transport companies, it could not simply treat those companies as if they were operators in the transport sector. | 0 |
868,537 | 37 Under those arrangements, failing express reference, the general provisions of the Treaty do not apply to the OCTs (Case C-260/90 Leplat v Territory of French Polynesia [1992] ECR I-643, paragraph 10). | 58. Even if divergent information of that kind can, as the French Government contends, be regarded as showing an improvement in the situation, the fact remains that the efforts made cannot excuse the failures that occurred (Case C‑333/99 Commission v France , paragraph 36). | 0 |
868,538 | 20 Article 33 of the Sixth Directive accordingly permits a Member State to maintain or introduce taxes, duties or charges on the supply of goods, the provision of services or imports only if they cannot be characterised as turnover taxes (see Case 252/86 Bergandi [1988] ECR 1343, paragraph 10). | 3 AN INTERPRETATION GIVEN BY THE COURT OF JUSTICE BINDS THE NATIONAL COURT IN QUESTION BUT IT IS FOR THE LATTER TO DECIDE WHETHER IT IS SUFFICIENTLY ENLIGHTENED BY THE PRELIMINARY RULING GIVEN OR WHETHER IT IS NECESSARY TO MAKE A FURTHER REFERENCE TO THE COURT .
THIS OBJECTION CANNOT THEREFORE BE SUSTAINED . | 0 |
868,539 | 51. In that connection, according to settled case-law, the improvement of road safety is an objective of general interest of the European Union (see, to that effect, inter alia, Case C‑55/93 van Schaik EU:C:1994:363, paragraph 19; Case C‑451/99 Cura Anlagen EU:C:2002:195, paragraph 59; Case 54/05 Commission v Finland EU:C:2007:168, paragraph 40; Case C‑110/95 Commission v Italy EU:C:2009:66, paragraph 60; Case C‑384/08 Attanasio Group EU:C:2010:133, paragraph 50; Case C‑438/08 Commission v Portugal EU:C:2009:651, paragraph 48; Case C‑184/10 Grasser EU:C:2011:324, paragraph 26; and Case C‑224/10 Apelt EU:C:2011:655, paragraph 47). By laying down, in Annex III thereto, a minimum threshold of visual acuity for the worse eye for drivers in group 2, for the purposes of that annex, Directive 2006/126 aims to improve road safety and thus to attain an objective of general interest. | 53. A proper application of the precautionary principle requires, in the first place, the identification of the potentially negative consequences for health of the proposed addition of nutrients, and, secondly, a comprehensive assessment of the risk for health based on the most reliable scientific data available and the most recent results of international research (see Commission v Denmark , paragraph 51). | 0 |
868,540 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, 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‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 16 However, with regard to the second category of employee it must be stated that Article 1(2 ) of the directive makes the possibility of excluding them from its scope conditional on the existence of other forms of guarantee offering the employees in question equivalent protection . | 0 |
868,541 | 51. Consequently, even if that legislation has restrictive effects on the freedom of establishment, they are the unavoidable consequence of any restriction on the free movement of capital and, therefore, do not justify an independent examination of that legislation in the light of Article 52 of the Treaty (see, to that effect, Case C‑36/02 Omega [2004] ECR I-9609, paragraph 27; Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 33; Test Claimants in the Thin Cap Group Litigation , paragraph 34; and Fidium Finanz , paragraph 48). | Il découle d’une jurisprudence constante de la Cour que l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé (voir arrêt du 5 octobre 2016, Commission/Pologne, C‑23/16, non publié, EU:C:2016:742, point 28 et jurisprudence citée). | 0 |
868,542 | 73. Moreover, it is clear from the case-law that a trader’s choice between exempt transactions and taxable transactions may be based on a range of factors, including tax considerations relating to the VAT system (see, in particular, BLP Group , paragraph 26, and Case C-108/99 Cantor Fitzgerald International [2001] ECR I-7257, paragraph 33). Where the taxable person chooses one of two transactions, the Sixth Directive does not require him to choose the one which involves paying the highest amount of VAT. On the contrary, as the Advocate General observed in point 85 of his Opinion, taxpayers may choose to structure their business so as to limit their tax liability. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
868,543 | 38. Thus, in the context of that directive, the scope of the term ‘waste’ turns on the meaning of the term ‘discard’ (Case C‑129/96 Inter-Environnement Wallonie [1997] ECR I‑7411, paragraph 26), and consequently, in accordance with the Court’s case-law, those terms must be interpreted in the light of the aim of the directive (Joined Cases C‑418/97 and C‑419/97 ARCO Chemie Nederland and Others [2000] ECR I‑4475, paragraph 37), which, in the words of the third recital in the preamble to the directive, consists in the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, having regard to Article 174(2) EC, which provides that Community policy on the environment is to aim at a high level of protection and is to be based, in particular, on the precautionary principle and the principle that preventive action should be taken (see Case C‑457/02 Niselli [2004] ECR I‑10853, paragraph 33). | 46. In paragraph 45 of IATA and ELFAA , the Court held that it does not follow from Articles 19, 22 and 29 of the Montreal Convention, or from any other provision thereof, that the authors of that convention intended to shield air carriers from any form of intervention other than those laid down by those provisions, in particular action which could be envisaged by the public authorities to redress, in a standardised and immediate manner, the damage that is constituted by the inconvenience that delay in the carriage of passengers by air causes, without the passengers having to suffer the inconvenience inherent in the bringing of actions for damages before the courts. | 0 |
868,544 | 38. It is settled case-law that the wording used in one language version of a provision of European Union 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. Such an approach would be incompatible with the requirement for uniform application of European Union law. Where there is divergence between the various language versions, the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms part (see Case C‑372/88 Cricket St Thomas [1990] ECR I‑1345, paragraphs 18 and 19; Case C‑149/97 Institute of the Motor Industry [1998] ECR I‑7053, paragraph 16; and Case C‑239/07 Sabatauskas and Others [2008] ECR I‑7523, paragraphs 38 and 39). | 38. It is settled case-law that the wording used in one language version of a Community provision cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard. Such an approach would be incompatible with the requirement for uniform application of Community law (see Case C‑149/97 Institute of the Motor Industry [1998] ECR I‑7053, paragraph 16, and Case C‑187/07 Endendijk [2008] ECR I‑0000, paragraph 23). | 1 |
868,545 | 33 In order to answer the question as thus reformulated, it should be noted, first, that the Court has previously held that Article 77 of Regulation No 1408/71 gives a person entitled to a pension or a benefit payable under the legislation of a single Member State, residing in the territory of another Member State, entitlement only to family allowances, to the exclusion of other family benefits (Case 313/86 Lenoir [1988] ECR 5391, paragraphs 10 and 11). | 31. However, the Court has emphasised that the Member States are required to ensure that the civil liability resulting from the use of motor vehicles arising under their domestic law is covered by insurance which complies with the provisions of, inter alia, the First and Second Directives ( Marques Almeida , paragraph 30 and the case‑law cited). | 0 |
868,546 | 41. On the other hand, the position is different if the services are in fact supplied in that other Member State. Such a situation is contrary to the objective of the provisions of the VAT Directive determining the place where supplies of services are taxed, which is to avoid, first, conflicts of jurisdiction which may result in double taxation and, secondly, non-taxation (see, to this effect, judgment in Welmory , C‑605/12, EU:C:2014:2298, paragraph 42). Furthermore, such a situation, in that it results in VAT due in a Member State being avoided, is contrary both to the obligation of the Member States, which stems from Article 4(3) TEU, Article 325 TFEU and Articles 2, 250(1) and 273 of the VAT Directive, to take all legislative and administrative measures appropriate for ensuring collection of all the VAT due on their territory and for preventing evasion and to the principle of fiscal neutrality inherent in the common system of VAT, according to which economic operators carrying out the same transactions must not be treated differently in relation to the levying of VAT (see, to this effect, judgments in Commission v Italy , C‑132/06, EU:C:2008:412, paragraphs 37, 39 and 46; Belvedere Costruzioni , C‑500/10, EU:C:2012:186, paragraphs 20 to 22; and Åkerberg Fransson , C‑617/10, EU:C:2013:105, paragraphs 25 and 26). | 37. It follows from Articles 2 and 22 of the Sixth Directive, and from Article 10 EC, that every Member State is under an obligation to take all legislative and administrative measures appropriate for ensuring collection of all the VAT due on its territory. In that regard, Member States are required to check taxable persons’ returns, accounts and other relevant documents, and to calculate and collect the tax due. | 1 |
868,547 | 37
As a preliminary point, it should be recalled that, in the judgment in Alimanovic (C‑67/14, EU:C:2015:597, paragraphs 44 to 46), the Court held that benefits such as the benefits at issue cannot be considered to be benefits of a financial nature which are intended to facilitate access to the labour market of a Member State, but must be regarded as ‘social assistance’ within the meaning of Article 24(2) of Directive 2004/38. | 16 That provision distinguishes between regular services and special regular services. The former are open to all and provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points. Special regular services are provided under the same conditions, but only for specified categories of passengers. It must therefore be considered whether a transport service such as that at issue in the main proceedings satisfies those conditions. | 0 |
868,548 | 22. It should, also, be noted that Article 87 EC prohibits aid ‘favouring certain undertakings or the production of cer tain goods’, that is to say selective aid (judgment in P, C‑6/12, EU:C:2013:525, paragraph 17). Thus, advantages resulting from a general measure applicable without distinction to all economic operators do not constitute State aid within the meaning of that article (see, to that effect, judgment in Italy v Commission , C‑66/02, EU:C:2005:768, paragraph 99). | 40 Moreover, as the Commission has rightly emphasised, the provider of a service who goes to another Member State must be in possession of an identity card or a passport. It follows that the requirement of an additional identity document, issued by the Belgian Minister for the Interior, is disproportionate in relation to the need to ensure the identification of the persons in question. | 0 |
868,549 | 34. It is the Court’s settled case-law in that regard that, in the context of proceedings under Article 226 EC, the existence of a failure to fulfil obligations must be assessed in the light of the Community legislation in force at the close of the period prescribed by the Commission for the Member State concerned to comply with its reasoned opinion (see, inter alia, Case C-61/94 Commission v Germany [1996] ECR I-3989, paragraph 42, and Case C‑365/97 Commission v Italy [1999] ECR I‑7773, paragraph 32). | 41. La position 7307 de la NC désigne les accessoires de tuyauterie (raccords, coudes, manchons, par exemple) «en fonte, fer ou acier». Selon la note explicative relative à cette position 7307 du SH, elle englobe un ensemble d’articles «en fonte, fer ou acier», destinés essentiellement à raccorder ou joindre entre eux deux tuyaux ou éléments tubulaires ou un tuyau à un autre dispositif, ou encore à obturer certains éléments de tuyauterie. | 0 |
868,550 | 81. Admittedly, participation by the Parliament in the legislative process is the reflection, at Union level, of the fundamental democratic principle that the people should participate in the exercise of power through the intermediary of a representative assembly (see, to that effect, Case 138/79 Roquette Frères v Council [1980] ECR 3333, paragraph 33, and Titanium dioxide , paragraph 20). | 25. In that connection, it must be recalled that, as regards the taxation of services on board ships, the Court has already acknowledged that the Sixth Directive does not prohibit Member States from extending the scope of their tax legislation beyond their territorial limits, so long as they do not encroach on the jurisdiction of other States (Case 283/84 Trans Tirreno Express [1986] ECR 231, and Case C‑30/89 Commission v France [1990] ECR I-691, paragraph 18). Such considerations also apply in relation to taxation of supplies of goods. | 0 |
868,551 | Dans le cas particulier où une société mère détient directement ou indirectement la totalité ou la quasi-totalité du capital de sa filiale ayant commis une infraction aux règles de concurrence, la Cour a précisé que, d’une part, cette société mère peut exercer une influence déterminante sur le comportement de cette filiale et, d’autre part, il existe une présomption réfragable selon laquelle ladite société mère exerce effectivement une telle influence. Dans ces conditions, il suffit que la Commission prouve que la totalité ou la quasi-totalité du capital d’une filiale est détenue par sa société mère pour qu’il puisse être présumé que cette dernière exerce effectivement une influence déterminante sur la politique commerciale de cette filiale. La Commission sera en mesure, par la suite, de considérer la société mère comme tenue solidairement au paiement de l’amende infligée à sa filiale, à moins que cette société mère, à laquelle il incombe de renverser cette présomption, n’apporte des éléments de preuve suffisants de nature à démontrer que sa filiale se comporte de façon autonome sur le marché (voir, notamment, arrêts du 29 septembre 2011, Elf Aquitaine/Commission, C‑521/09 P, EU:C:2011:620, points 56 et 57, ainsi que du 5 mars 2015, Commission e.a./Versalis e.a., C‑93/13 P et C‑123/13 P, EU:C:2015:150, points 41 et 42). | 23 It follows that, in issuing the prohibition on administering Clenbuterol to fattening cattle over 14 weeks old and holding, having in stock, buying or selling fattening cattle over 14 weeks old to which that substance has been administered, the Netherlands Government honoured its obligations under Directive 86/469. | 0 |
868,552 | 39. First, it must be pointed out that it is settled case-law that, where capital goods are used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating those goods wholly to the assets of his business, (ii) retaining them wholly within his private assets, thereby excluding them entirely from the system of VAT, or (iii) integrating them into his business only to the extent to which they are actually used for business purposes (Case C-434/03 Charles and Charles-Tijmens [2005] ECR I‑7037, paragraph 23 and case-law cited, and Case C-72/05 Wollny [2006] ECR I‑8297, paragraph 21). | 40. In that regard, it must be pointed out that the Court has already held, as regards the legislation at issue in the main proceedings, that the application of the three-out-of-six-years rule established an unjustified inequality of treatment as between Netherlands workers and migrant workers residing in the Netherlands because, by requiring specific periods of residence in the territory of the Member State concerned, the rule prioritised an element which is not necessarily the sole element representative of the actual degree of attachment between the party concerned and that Member State and was therefore too exclusive (see judgment in Commission v Netherlands , C‑542/09, EU:C:2012:346, paragraphs 86 and 88). | 0 |
868,553 | 14 Furthermore, according to the same case-law, that consideration must be capable of being expressed in money (judgments in Coöperatieve Aardappelenbewaarplaats, paragraph 13; Naturally Yours Cosmetics, paragraph 16, and Argos Distributors, paragraph 17). | 111
In proceedings for a declaration of failure to fulfil obligations, it is for the Commission to prove the existence of the alleged infringement and to provide the Court with the information necessary for it to determine whether the infringement is made out (judgment of 9 July 2015, Commission v Ireland, C‑87/14, EU:C:2015:449, paragraph 22 and the case-law cited). | 0 |
868,554 | 39. Admittedly, according to the settled case-law of the Court, noted in paragraph 32 of the present judgment, when assessing whether the principle of proportionality has been observed in the field of human health, account must be taken of the fact that a Member State has the power to determine the degree of protection which it wishes to afford to human health and the way in which that degree of protection is to be achieved. Since that degree of protection may vary from one Member State to another, Member States must be allowed discretion ( Commission v Germany , paragraph 51). | 23. It follows that the subject-matter of the main proceedings is not a situation which had produced all its effects before the accession of the Republic of Finland to the European Union. | 0 |
868,555 | 8 In deciding on this action it should be recalled that according to the case-law of the Court (see Case 247/84 Motte [1985] ECR 3887, at paragraph 25; Case 304/84 Muller [1986] ECR 1511, at paragraph 26; and Case C-42/90 Bellon [1990] ECR I-4863, at paragraphs 16 and 17), rules making the use of an additive subject to authorization are in compliance with Community law if two conditions are satisfied. | 43. Il convient de constater, à cet égard, que, certes, les directives 2004/67/CE du Conseil, du 26 avril 2004, concernant des mesures visant à garantir la sécurité de l’approvisionnement en gaz naturel (JO L 127, p. 92), et 2005/89/CE du Parlement européen et du Conseil, du 18 janvier 2006, concernant des mesures visant à garantir la sécurité de l’approvisionnement en électricité et les investissements dans les infrastructures (JO L 33, p. 22), énoncent des mesures visant à sauvegarder un niveau adéquat de la sécurité de l’approvisionnement respectivement en gaz naturel et en électricité. Cependant, ces directives n’établissent qu’un cadre à l’intérieur duquel les États membres définissent les politiques générales en matière de sécurité d’approvisionnement. Il ressort, en outre, des dispositions de la directive 2004/67 que la liste des instruments propres à assurer la sécurité de l’approvisionnement en gaz naturel figurant à son annexe n’est pas exhaustive. De surcroît, il résulte du troisième considérant de cette directive qu’elle ne constitue qu’une approche commune minimale en matière de sécurité d’approvisionnement en gaz naturel. | 0 |
868,556 | 64. In paragraph 165 of the judgment under appeal, the General Court rightly pointed out that where, following the annulment of a decision penalising undertakings which have infringed Article 81(1) EC because of a procedural defect concerning exclusively the procedures governing its final adoption by the College of Commissioners, the Commission is to adopt a fresh decision, with substantially the same content and based on the same objections, it is not required to conduct a new hearing of the undertakings concerned (see, to that effect, Limburgse Vinyl Maatschappij and Others v Commission , paragraphs 83 to 111). | 9. Each month, on a particular date, Denplan will seek to collect the payments due from dentists’ patients. To do so it creates for each patient an electronic file which it uses to transmit information to the Bankers’ Automated Clearing System (‘the BACS’), an automated inter-bank settlement system established and operated by a company all the members of which are major United Kingdom banks. The information which Denplan transmits to the BACS includes, in respect of each patient, the patient’s bank account number and the amount which Denplan is to collect from that account. The BACS will then transmit that information on to the processing centre of the relevant bank. | 0 |
868,557 | 25. According to consistent case-law, it has to be determined whether rectification of the land register, while not formally constituting a procedure which is required before the legal person concerned commences business, is none the less necessary for the carrying‑on of that business (see, in relation to the registration of increases in capital, Case C-188/95 Fantask and Others [1997] ECR I‑6783, paragraph 22, and Case C‑56/98 Modelo (‘Modelo I’) [1999] ECR I‑6427, paragraph 25). | 98. Lors de l’examen de ces critères, il convient de tenir compte du fait que, en cas de litige sur l’existence d’une infraction aux règles de concurrence, l’exigence fondamentale de sécurité juridique dont doivent bénéficier les opérateurs économiques ainsi que l’objectif d’assurer que la concurrence n’est pas faussée dans le marché intérieur présentent un intérêt considérable non seulement pour le requérant lui-même et pour ses concurrents, mais également pour les tiers, en raison du grand nombre de personnes concernées et des intérêts financiers en jeu (voir, notamment, arrêt Der Grüne Punkt – Duales System Deutschland/Commission, précité, point 186 et la jurisprudence citée). | 0 |
868,558 | 26. In that regard, it must be recalled that measures taken by a Member State which are liable to dissuade its residents from obtaining loans in other Member States constitute restrictions within the meaning of Article 63(1) TFEU (see, to that effect, judgments in Commission v Belgium , C‑478/98, EU:C:2000:497, paragraph 18, and van Putten and Others , C‑578/10 to C‑580/10, EU:C:2012:246, paragraph 40). | 44THE CONDITIONS FOR THE APPLICATION OF ARTICLE 86 TO AN UNDERTAKING IN A DOMINANT POSITION PRESUPPOSE THE CLEAR DELIMITATION OF THE SUBSTANTIAL PART OF THE COMMON MARKET IN WHICH IT MAY BE ABLE TO ENGAGE IN ABUSES WHICH HINDER EFFECTIVE COMPETITION AND THIS IS AN AREA WHERE THE OBJECTIVE CONDITIONS OF COMPETITION APPLYING TO THE PRODUCT IN QUESTION MUST BE THE SAME FOR ALL TRADERS .
| 0 |
868,559 | 34. The Court has also held that the explanatory notes to the CN and those to the HS are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see Intermodal Transports , paragraph 48; Possehl Erzkontor , paragraph 20; and Proxxon , paragraph 22). Where it is apparent that they are contrary to the wording of the headings of the CN and the section or chapter notes, the explanatory notes to the CN must be disregarded (see Case C-229/06 Sunshine Deutschland Handelsgesellschaft [2007] ECR I-3251, paragraph 31). | 20. The Explanatory Notes to the CN and those to the HS are an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those Notes must therefore be consistent with the provisions of the CN and cannot alter their scope ( Intermodal Transports, cited above, paragraph 48) . | 1 |
868,560 | 49. In any event, under Article 234 EC, the Court of Justice is empowered only to give rulings on the interpretation or the validity of a Community provision on the basis of the facts which the national court puts before it (see Case 104/77 Oehlschläger [1978] ECR 791, paragraph 4, and Case C‑11/07 Eckelkamp and Others [2008] ECR I‑0000, paragraph 52). | 49. It follows that the system of jurisdiction established by Regulation No 2201/2003 concerning the dissolution of matrimonial ties is not intended to preclude the courts of several States from having jurisdiction. Rather, the coexistence of several courts having jurisdiction is expressly provided for, without any hierarchy being established between them. | 0 |
868,561 | 76. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38, and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 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 |
868,562 | 52. Furthermore, the Court has held that, when aid granted by a Member State strengthens the position of an undertaking compared with other undertakings competing in intra-Community trade, the latter must be regarded as influenced by that aid ( Cassa di Risparmio di Firenze and Others , paragraph 141 and the case-law cited). | 35 It is clear from the documents relating to the main proceedings and, moreover, it is not disputed by the Austrian Government that municipalities are not required to assign the income from the duty to any predetermined purpose and there is no connection with tourist infrastructures or the development of tourism since this duty, which is imposed on beverages irrespective of where they are consumed, is also levied in areas where there is little or no tourism. Furthermore, taxes already exist in Austria which specifically concern the promotion of tourism (see, in this regard, the judgment of 8 June 1999 in Joined Cases C-338/97, C-344/97 and C-390/97 Pelzl and Others [1999] ECR I-0000). | 0 |
868,563 | 150. Although it emerges from paragraphs 138 to 140 and 142 to 149 of this judgment that errors of law were made by the General Court, it is necessary to determine whether, notwithstanding those errors, the operative part of the judgment under appeal can be seen to be well founded on legal grounds other than those maintained by the General Court, in which event an appeal must be dismissed (see, to that effect, the judgment of 19 April 2012 in Case C‑221/10 P Artegodan v Commission [2012] ECR I‑0000, paragraph 94 and case‑law cited).
– The unlawfulness of the contested regulation | 24. The borrowers also discontinued their payments to the Bank. | 0 |
868,564 | 59
It follows from the case-law of the Court of Justice, however, that the taking into account, by virtue of the principle of equal treatment, of differences between the undertakings that have participated in a single cartel (in particular with regard to the geographic scope of their respective involvement) for the purpose of assessing the gravity of an infringement need not necessarily occur when the multipliers for the ‘gravity of the infringement’ and for the ‘additional amount’ are set but may occur at another stage in the setting of the fine, such as when the basic amount of the fine is adjusted in the light of mitigating and aggravating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105). | 60. That interpretation of Article 10(1)(b)(i) of Regulation No 574/72 can be directly applied to situations such as that in the case in the main proceedings with regard to the exercise by Ms Dodl’s spouse and Ms Oberhollenzer’s partner of a professional or trade activity in the Member State of residence. Consequently, it is that State, in this case, the Federal Republic of Germany, which is responsible for paying the family benefits in issue. | 0 |
868,565 | 69. In that regard, it is clear from the case-law of the Court concerning headings 8473, 8486 and 9018 of the CN that the notion of ‘parts’ implies a whole for the operation of which the part is essential and that the notion of ‘accessories’ implies an interchangeable part designed to adapt a machine for a particular operation, or to increase its range of operations, or to perform a particular service relative to the main function of the machine (see judgment in Rohm & Haas Electronic Materials CMP Europe and Others , C‑336/11, EU:C:2012:500, paragraph 34 and the case-law cited). In order to ensure a consistent and uniform application of the Common Customs Tariff, those definitions of the notions of ‘parts’ and ‘accessories’ apply, as appropriate, to headings 8543, 9018 and 9019 of the CN. | 61. Article 1(2)(d) of the Regulation provides that such matters may deal with ‘the placement of the child in a foster family or in institutional care’. | 0 |
868,566 | 93. In the light of the foregoing, it must be found that, for the purposes of the application of the exceptions provided for in the first and third indents of Article 4(2) of Regulation No 1049/2001, the Commission is entitled to presume, without carrying out a specific, individual examination of each of the documents in a file relating to a proceeding under Article 81 EC, that disclosure of such documents will, in principle, undermine the protection of the commercial interests of the undertakings involved in such a proceeding and the protection of the purpose of the investigations relating to the proceeding (see, by analogy, Commission v Technische Glaswerke Ilmenau, paragraph 61; Commission v Éditions Odile Jacob , paragraph 123; Commission v Agrofert Holding , paragraph 64; and LPN and Finland v Commission , paragraph 64). | 51 As regards the proportionality of the restriction at issue, it is settled case-law that requirements imposed on the providers of services must be appropriate to ensure achievement of the intended aim and must not go beyond what is necessary in order to achieve that aim (see, in particular, Collectieve Antennevoorziening Gouda, cited above, paragraph 15, and Case C-384/93 Alpine Investments v Minister van Financiën [1995] ECR I-1141, paragraph 45). | 0 |
868,567 | 38 According to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as that of competition, where the factual and legal situations are often complex (see in particular Joined Cases C-320/90, C-321/90 and C-322/90 Telemarsicabruzzo and Others [1993] ECR I-393, paragraphs 6 and 7, Case C-284/95 Safety High-Tech v S. & T. [1998] ECR I-4301, paragraphs 69 and 70, and Case C-341/95 Bettati [1998] ECR I-4355, paragraphs 67 and 68). | 125 In the area of external relations, the Court has held that the Community's tasks and the objectives of the Treaty would be compromised if Member States were able to enter into international commitments containing rules capable of affecting rules adopted by the Community or of altering their scope (see Opinion 2/91, paragraph 11, and also, to that effect, the AETR judgment, paragraphs 21 and 22). | 0 |
868,568 | 26. The rights that this provision grants the child of a Turkish worker with regard to employment in the Member State concerned necessarily imply, so as not to render the right of access to the labour market and to engage in paid employment totally ineffective, a concomitant right of residence in favour of the person concerned (see, inter alia, Case C‑467/02 Cetinkaya [2004] ECR I‑10895, paragraph 31, and Derin , paragraph 47). | 66. À cet égard, il convient de rappeler que, selon l’article 141, paragraphe 4, CE, pour assurer concrètement une pleine égalité entre hommes et femmes dans la vie professionnelle, le principe de l’égalité de traitement n’empêche pas un État membre de maintenir ou d’adopter des mesures prévoyant des avantages spécifiques destinés à faciliter l’exercice d’une activité professionnelle par le sexe sous-représenté ou à prévenir ou à compenser des désavantages dans la carrière professionnelle. | 0 |
868,569 | 48
As follows from Article 4(5) and Article 11(2) of Directive 2004/35, read in conjunction with recital 13 thereof, the environmental liability mechanism provided for by that directive requires the competent authority to establish a causal link between the activity of one or more identifiable operators and the environmental damage or the imminent threat of such damage (judgment of 4 March 2015, Fipa Group and Others, C‑534/13, EU:C:2015:140, paragraph 54 and the case-law cited). | 71. Consequently, the refusal, by the authorities of a Member State, to recognise all the elements of the surname of a national of that State as determined in another Member State, in which that national resides, and as entered for 15 years in the register of civil status of the first Member State, is a restriction on the freedoms conferred by Article 21 TFEU on every citizen of the Union.
Existence of a justification for the restriction on the freedom of movement and residence enjoyed by citizens of the Union
Observations submitted to the Court | 0 |
868,570 | 44. In that regard, it should be noted that the Court, in the light of the freedoms of movement, has not accepted arguments relating to the need to provide individual advice to the customer and to ensure his protection against the incorrect use of products, in the context of non-prescription medicines and contact lenses, to justify a ban on internet sales (see, to that effect, Deutscher Apothekerverband , paragraphs 106, 107 and 112, and Case C‑108/09 Ker‑Optika [2010] ECR I-0000, paragraph 76). | 73. According to the Court's consistent case-law a measure of general application such as a regulation can be of individual concern to natural and legal persons only if it affects them by reason of certain attributes peculiar to them, or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee (see, particularly, Case C-451/98 Antillean Rice Mills v Council [2001] ECR I-8949, paragraph 49, and Case C-50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I-6677, paragraph 36). | 0 |
868,571 | 40. Consequently, since Article 191(2) TFEU, which establishes the ‘polluter pays’ principle, is directed at action at EU level, that provision cannot be relied on as such by individuals in order to exclude the application of national legislation — such as that at issue in the main proceedings — in an area covered by environmental policy for which there is no EU legislation adopted on the basis of Article 192 TFEU that specifically covers the situation in question (see judgments in ERG and Others , EU:C:2010:126, paragraph 46; ERG and Others , EU:C:2010:127, paragraph 39; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 36). | 39. Since Article 174 EC, which establishes the ‘polluter pays’ principle, is directed at action at Community level, that provision cannot be relied on as such by individuals in order to exclude the application of national legislation – such as that at issue in the main proceedings – in an area covered by environmental policy for which there is no Community legislation adopted on the basis of Article 175 EC that specifically covers the situation in question. | 1 |
868,572 | 32. As to its being impossible for the city of Darmstadt, on account of the mandatory duty which it has in the present case, to take account of appropriate distances, it must be stated, as was pointed out by the Advocate General at point 44 of her Opinion, that it is for the national court to have recourse to the principle that national law must be interpreted in conformity with EU law, which is inherent in the EC Treaty system in that it enables the national court to ensure, for matters within its jurisdiction, the full effectiveness of European Union law when it determines the dispute before it (see, to that effect, Case C‑160/01 Mau [2003] ECR I‑4791, paragraph 34, and Case C‑555/07 Kücükdeveci [2010] ECR I‑0000, paragraph 48). | 68. À cet égard, il convient d’observer que, certes, la préservation de la répartition du pouvoir d’imposition entre les États membres est susceptible de constituer une raison impérieuse d’intérêt général permettant de justifier une restriction à l’exercice d’une liberté de circulation au sein de l’Union (arrêt Beker, précité, point 56). | 0 |
868,573 | 34. The applicability of each of the provisions in question will depend on whether the taxable person has decided to use the property in question permanently for his private use or rather envisages the possibility of using it in future for the purposes of his business and therefore decides to keep it as one of the assets of that business. In the first case, Articles 5(6) and 6(2) of the Sixth Directive will apply, and in the second case, Article 20 of the directive will apply. The fact that it is possible for a taxable person to choose whether or not to integrate into his business, for the purposes of applying the Sixth Directive, part of an asset which is given over to his private use follows from settled case-law (see, in particular, Case C-291/92 Armbrecht [1995] ECR I-2775, paragraph 20, and Case C-434/03 Charles and Charles-Tijmens [2005] ECR I-0000, paragraph 23). In the example cited by the Finnish Government, there is therefore no real conflict. | 32. Similarly, in areas covered by EU law, the legal rules of the Member States must be worded unequivocally so as to give the persons concerned a clear and precise understanding of their rights and obligations and to enable national courts to ensure that those rights and obligations are observed (see judgment in Commission v Italy , 257/86, EU:C:1988:324, paragraph 12). | 0 |
868,574 | 40. Account must also be taken of the explanatory notes to the CN and to the HS which, in accordance with the Court’s settled case-law, are, for their part, an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see, inter alia, judgment in Sunshine Deutschland Handelsgesellschaft , C‑229/06, EU:C:2007:239, paragraph 27). | 27. Second, the Court has already held that the explanatory notes to the CN and those to the HS are, for their part, an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The wording of those notes must therefore be consistent with the provisions of the CN and cannot alter their scope (see Intermodal Transports , paragraph 48; Possehl Erzkontor , paragraph 20; and Proxxon , paragraph 22). | 1 |
868,575 | 15 As the Court has already emphasized in Case 263/86 Belgian State v Humbel [1988] ECR 5365, at paragraphs 17, 18 and 19, the essential characteristic of remuneration lies in the fact that it constitutes consideration for the service in question, and is normally agreed upon between the provider and the recipient of the service. In the same judgment the Court considered that such a characteristic is absent in the case of courses provided under the national education system. First of all, the State, in establishing and maintaining such a system, is not seeking to engage in gainful activity, but is fulfilling its duties towards its own population in the social, cultural and educational fields. Secondly, the system in question is, as a general rule, funded from the public purse and not by pupils or their parents. The Court added that the nature of the activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system. | 20 It is settled case-law that the Court cannot in any event take account of measures adopted by a Member State after the commencement of an action for failure to fulfil its obligations in order to comply with those obligations (Case C-71/97 Commission v Spain [1998] ECR I-5991, paragraph 18) and that, moreover, a Member State cannot rely on provisions, practices or circumstances in its own legal order to justify failure to implement a directive within the prescribed period (Case C-274/98 Commission v Spain [2000] ECR I-2823, paragraph 19). | 0 |
868,576 | 137. It should be recalled that it follows from Article 225 EC and the first paragraph of Article 58 of the Statute of the Court of Justice that an appeal lies on a point of law only. Accordingly, the Court of First Instance has sole jurisdiction to find and appraise the facts, except in a case where the factual inaccuracy of its findings arises from evidence adduced before it. The appraisal of the facts by the Court of First Instance does not constitute, save where the clear sense of the evidence produced before it is distorted, a question of law which is subject, as such, to review by the Court of Justice (Case C‑53/92 P Hilti v Commission [1994] ECR I‑667, paragraph 42; Joined Cases C‑280/99 P to C‑282/99 P Moccia Irme and Others v Commission [2001] ECR I‑4717, paragraph 78; and Case C‑362/05 P Wunenburger v Commission [2007] ECR I‑4333, paragraph 66). | 53. Concerning, thirdly and finally, the fact that the transferred staff and their activities are integrated within the public administration, it should be noted that that fact alone cannot take that entity outside the application of Directive 77/187 (see, to that effect, Collino and Chiappero , paragraphs 33 and 35). The opposite conclusion would not be consistent with the case-law cited in paragaph 42 of this judgment, according to which any sufficiently structured and autonomous grouping of persons and assets enabling the exercise of an economic activity pursuing a specific objective constitutes an ‘undertaking’ for the purposes of Directive 77/187, whatever its legal status and method of financing. | 0 |
868,577 | 91. It should however be recalled, first, that, as the Court of Justice has repeatedly held, the requirement that the Court of First Instance give reasons for its decisions cannot be interpreted as meaning that it is obliged to respond in detail to every single argument advanced by the appellant, particularly if the argument was not sufficiently clear and precise (see, inter alia, Case C-274/99 P Connolly v Commission [2001] ECR I‑1611, paragraph 121; Case C-197/99 P Belgium v Commission [2003] ECR I‑8461, paragraph 81; and Technische Glaswerke Ilmenau v Commission , paragraph 90). | 27 However, such legislation, preventing as it does operators in other Member States from taking bets, directly or indirectly, in Italian territory, constitutes an obstacle to the freedom to provide services. | 0 |
868,578 | 17. The Court has held, on the one hand, that the external transit of non-Community goods is based on a legal fiction. Goods placed under this procedure are subject neither to the corresponding import duties nor to the other measures of commercial policy; it is as if they had not entered Community territory (Case C‑383/98 Polo v Lauren [2000] ECR I‑2519, paragraph 34). | 25 By providing for penalties which may go as far as forfeiture of entitlement to aid for the current marketing year and for the following marketing year in the case where a soya bean producer, deliberately or by reason of serious negligence on his part, breaches an obligation as important for the proper functioning of the aid system as is the obligation to notify changes in the areas sown, the Commission did not infringe the principle of proportionality or exceed the limits of the implementing powers conferred on it by Article 2(8) of Regulation No 1491/85, which include the power to provide for appropriate penalties (see the judgment in Case C-357/88 Hopermann v Bundesanstalt fuer landwirtschaftliche Marktordnung [1990] ECR I-1669, paragraph 7). | 0 |
868,579 | 27. That procedure constitutes an autonomous and complete system, independent of the legal systems of the Contracting States, including the matter of appeals (see Deutsche Genossenschaftsbank , paragraphs 16 and 17). The rules relating to it must be interpreted strictly (see SISRO , paragraphs 35 and 39). It follows that Article 36 of the Brussels Convention excludes procedures whereby interested third parties may challenge an enforcement order under domestic law (see Deutsche Genossenschaftsbank , paragraph 17, and Case C‑172/91 Sonntag [1993] ECR I-1963, paragraph 33). | 62. Unlike pharmacists, non-pharmacists by definition lack training, experience and responsibility equivalent to those of pharmacists. Accordingly, they do not provide the same safeguards as pharmacists. | 0 |
868,580 | 58. Moreover, it is apparent from the findings made in paragraphs 53 to 55 of this judgment that, unlike what was found in paragraph 56 of the judgment in United Kingdom v Council (EU:C:2013:589) regarding the EEA Agreement, Regulation No 1408/71 was not incorporated into the EEC-Turkey Agreement or its Additional Protocol so as to extend to Turkey the rules on the coordination of social security systems contained in it. Similarly, contrary to what was found in paragraphs 57 and 58 of the judgment in United Kingdom v Council (EU:C:2014:97) concerning the EC-Switzerland Agreement on the Free Movement of Persons, it is apparent that the contracting parties to the EEC-Turkey Agreement did not intend to apply amongst themselves Regulations Nos 1408/71 and 574/72 in their entirety and that Turkey cannot be equated with a Member State for the purposes of the application of those regulations. | 91
In order to comply with the requirement of proportionality, the practical arrangements for the exercise of administrative remedies available under Austrian law must not disproportionately affect the right to an effective remedy before a court referred to in Article 47 of the Charter (see, by analogy, judgment of 27 September 2017, Puškár, C‑73/16, EU:C:2017:725, paragraph 72). | 0 |
868,581 | 30. It should be noted, moreover, that insufficiency or lack of reasoning constitutes an infringement of an essential procedural requirement and is a matter of public policy which the European Union judicature must raise of its own motion (see, to that effect, Case C‑265/97 P VBA v Florimex and Others [2000] ECR I‑2061, paragraph 114, and order of 7 December 2011 in Case C‑45/11 P Deutsche Bahn v OHIM , paragraph 57). | 24. The 10th recital in the preamble to the directive emphasises that the protection afforded by the registered trade mark has the aim of guaranteeing the trade mark as an indication of origin and that in the case of similarity between the mark and between the sign and goods or services, the likelihood of confusion constitutes the specific condition for protection. | 0 |
868,582 | 91. In those circumstances, the more closely the shape for which registration is sought resembles the shape most likely to be taken by the product in question, the greater the likelihood of the shape being devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 207/2009. Only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character for the purposes of that provision (judgments in Mag Instrument v OHIM , C‑136/02 P, EU:C:2004:592, paragraph 31, and Chocoladefabriken Lindt & Sprüngli v OHIM , C‑98/11 P, EU:C:2012:307, paragraph 42). | 31. In those circumstances, the more closely the shape for which registration is sought resembles the shape most likely to be taken by the product in question, the greater the likelihood of the shape being devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94. Only a mark which departs significantly from the norm or customs of the sector and thereby fulfils its essential function of indicating origin, is not devoid of any distinctive character for the purposes of that provision (see, to that effect, Henkel v OHIM , paragraph 39 and the case-law cited there). | 1 |
868,583 | 18 In the present case, a supply of goods was made in consideration for a supply of services consisting in the introduction of new customers. In this regard, it is to be observed, first, that there is a direct link between the supply of the bonuses in kind and the introduction of new customers and, second, that since the services rendered to Bertelsmann were remunerated by supplies of goods, their value can be expressed in monetary terms (see the judgment in Empire Stores, paragraphs 16 and 17). | 27 IT THUS ASSUMES THAT THE POWERS OF THE COMMUNITY EXTEND TO RELATIONSHIPS ARISING FROM INTERNATIONAL LAW, AND HENCE INVOLVE THE NEED IN THE SPHERE IN QUESTION FOR AGREEMENTS WITH THE THIRD COUNTRIES CONCERNED . | 0 |
868,584 | S’agissant de la question de savoir dans quelles circonstances une entité qui n’est pas l’auteur de l’infraction peut néanmoins être sanctionnée pour celle-ci, la Cour a eu l’occasion de préciser que relève d’une telle hypothèse la situation dans laquelle l’entité ayant commis l’infraction a cessé d’exister juridiquement ou économiquement, dès lors qu’une sanction infligée à une entreprise qui continue à exister juridiquement, mais n’exerce plus d’activités économiques, risque d’être dépourvue d’effet dissuasif (voir, notamment, arrêts du 11 décembre 2007, ETI e.a., C‑280/06, EU:C:2007:775, point 40, ainsi que du 5 mars 2015, Commission e.a./Versalis e.a., C‑93/13 P et C‑123/13 P, EU:C:2015:150, point 57). | 42 As the Advocate General has stressed in points 37 to 41 of his Opinion, those provisions thus impose on Member States clear and precise obligations which consist in the mutual recognition of Community model driving licences and in the prohibition on requiring the exchange of driving licences issued by another Member State, regardless of the nationality of the holder, since the Member States have no discretion as to the measures to be adopted in order to comply with those requirements. | 0 |
868,585 | 92. It follows that, where a three-dimensional mark is constituted by the shape of the product for which registration is sought, the mere fact that that shape is a ‘variant’ of a common shape of that type of product is not sufficient to establish that the mark is not devoid of any distinctive character for the purposes of Article 7(1)(b) of Regulation No 207/2009. It must always be determined whether such a mark permits the average consumer of that product, who is reasonably well informed and reasonably observant and circumspect, to distinguish the product concerned from those of other undertakings without conducting an analytical examination and without paying particular attention (judgment in Mag Instrument v OHIM , C‑136/02 P, EU:C:2004:592, paragraph 32). | 29. The Court has previously pointed out that the choice as to the number of comparisons which the advertiser wishes to make between the products which he is offering and those offered by his competitors falls within the exercise of his economic freedom ( Pippig Augenoptik , paragraph 81). | 0 |
868,586 | 35
In that regard, Article 13(1) of Regulation No 1408/71 provides that the persons to whom that regulation applies are to be subject to the legislation of a single Member State only, which therefore excludes — subject to the cases provided for in Articles 14c and 14f — any possibility of the overlapping of the national legislation of several Member States in respect of one and the same period (see, to that effect, the judgments of 5 May 1977, Perenboom, 102/76, EU:C:1977:71, paragraph 11, and 26 February 2015, de Ruyter, C‑623/13, EU:C:2015:123, paragraph 36). | 47. It is for the referring court to examine the extent to which Mr Spies von Büllesheim, in his capacity as a shareholder in Holterman Ferho Exploitatie, was able to influence the will of that company’s administrative body of which he was the manager. In that case, it will be necessary to establish who had authority to issue him with instructions and to monitor their implementation. If it were to turn out that Mr Spies von Büllesheim’s ability to influence that body was not negligible, it would be appropriate to conclude that there was no relationship of subordination for the purposes of the Court’s case-law on the definition of a worker. | 0 |
868,587 | 53. Moreover, if the institution applies one of the exceptions provided for in Article 4(2) and (3) of Regulation No 1049/2001, it is for that institution to weigh the particular interest to be protected through non-disclosure of the document concerned against, inter alia, the public interest in the document being made accessible, having regard to the advantages of increased openness, as described in recital 2 to Regulation No 1049/2001, in that it enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system ( Council v Access Info Europe , EU:C:2013:671, paragraph 32 and the case-law cited). | 78. However, it must be observed, first, that the intrinsic value of the data affected by the act of extraction and/or re-utilisation does not constitute a relevant criterion for assessing whether the part in question is substantial, evaluated qualitatively. The fact that the data extracted and re-utilised by William Hill are vital to the organisation of the horse races which BHB and Others are responsible for organising is thus irrelevant to the assessment whether the acts of William Hill concern a substantial part of the contents of the BHB database. | 0 |
868,588 | 43
Lastly, it should be pointed out, on the one hand, that, according to the settled case-law of the Court, new rules falling within the substantive rules of European Union law apply immediately to the future effects of a situation which arose under the old rules. Furthermore, from the date of accession of a new Member State, the provisions of European Union law are to apply under the conditions laid down in the original Treaties and in the relevant Act of Accession (see, to that effect, judgment of 12 September 2013, Kuso, C‑614/11, EU:C:2013:544, paragraph 25 and the case-law cited). | 54. Furthermore, that limitation respects the essential contents of the principle of non-discrimination. That limitation does not call into question the principle as such, as it concerns only the question, which is limited in scope, of deferrals from blood donation in order to protect the health of the recipients. | 0 |
868,589 | 53
It is, admittedly, common ground that, by making the admissibility of legal proceedings brought in the areas referred to in Article 5(1bis) of Legislative Decree No 28/2010 conditional upon the implementation of a mandatory attempt at mediation, the national legislation at issue in the main proceedings introduces an additional step to be overcome before being entitled to access the courts. That condition might prejudice implementation of the principle of effective judicial protection (see, to that effect, judgment of 18 March 2010, Alassini and Others, C‑317/08 to C‑320/08, EU:C:2010:146, paragraph 62). | Il convient de rappeler que, aux points 50, 52 et 58 de l’arrêt du 16 mai 2002, France/Commission (C‑482/99, EU:C:2002:294), la Cour a estimé que l’imputabilité à l’État des mesures prises par les entreprises publiques ne pouvait être déduite exclusivement du critère organique. Elle a jugé que, même si l’État est en mesure de contrôler une entreprise publique et d’exercer une influence déterminante sur les opérations de celle-ci, l’exercice effectif de ce contrôle ne saurait être automatiquement présumé. La Cour a estimé qu’il est encore nécessaire d’examiner si les autorités publiques devaient être considérées comme ayant été impliquées, d’une manière ou d’une autre, dans l’adoption de ces mesures (arrêts du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, points 50 à 52, et du 17 septembre 2014, Commerz Nederland, C‑242/13, EU:C:2014:2224, point 31). | 0 |
868,590 | 31
As a preliminary point, it should be noted that, according to established case-law developed in a number of areas of EU law, normal residence must be regarded as the place where the person concerned has established his permanent centre of interests (see, by analogy, judgments in Schäflein v Commission, 284/87, EU:C:1988:414, paragraph 9; Ryborg, C‑297/89, EU:C:1991:160, paragraph 19; Louloudakis, C‑262/99, EU:C:2001:407, paragraph 51; Alevizos, C‑392/05, EU:C:2007:251, paragraph 55; I, C‑255/13, EU:C:2014:1291, paragraph 44, and B., C‑394/13, EU:C:2014:2199, paragraph 26). | 104. Certes, il ressort des réponses des autorités espagnoles aux questions posées par la Commission lors de la procédure précontentieuse que les Communautés autonomes peuvent indiquer aux registradores-liquidadores le système informatique qu’ils doivent utiliser ainsi qu’ils doivent être connectés «on-line» avec les autorités compétentes des Communautés autonomes et peuvent exiger une dotation minimale de personnel dans les bureaux de liquidation et que ledit personnel fait preuve de qualifications professionnelles concrètes. | 0 |
868,591 | 14 With regard to those characteristics, the first point to bear in mind is that, as the Court has repeatedly held (see, in particular, the judgments in Case 252/86 Bergandi v Directeur-Général des Impôts [1988] ECR 1343, paragraph 15, Joined Cases 93 and 94/88 Wisselink and Others v Staatssecretaris van Financiën [1989] ECR 2671, paragraph 18, Case C-109/90 Giant v Gemeente Overijse [1991] ECR I-1385, paragraphs 11 and 12, Case C-200/90 Dansk Denkavit and Poulsen v Skatteministeriet [1992] ECR I-2217, paragraph 11, and Case C-347/90 Bozzi [1992] ECR I-2947, paragraph 12), VAT applies generally to transactions relating to goods or services, it is proportional to the price of those goods or services, it is charged at each stage of the production and distribution process and finally it is imposed on the added value of goods and services, since the tax payable on a transaction is calculated after deduction of the tax paid on the previous transaction. | 42. En troisième lieu, les difficultés auxquelles serait confrontée l’ACICL peuvent être surmontées par d’autres mécanismes visant à compenser les difficultés financières de celle-ci, comme l’obtention d’une aide juridictionnelle (voir, en ce sens, arrêt du 22 décembre 2010, DEB, C‑279/09, Rec. p. I‑13849, points 59 et 60, ainsi que, par analogie, arrêt Agrokonsulting-04, précité, point 50). | 0 |
868,592 | 38. However, the Court reached that conclusion in a legal context different from that arising from the application of the national law in the main proceedings. As the referring court observed, the national legislation at issue in the case giving rise to the judgment in Deutsche Shell (C‑293/06, EU:C:2008:129) provided that, as a general rule, currency gains were taxed and, at the same time, currency losses were deductible unless a convention to prevent double taxation stipulated otherwise. | 36. That classification must also apply to a non-fertilised human ovum into which the cell nucleus from a mature human cell has been transplanted and a non-fertilised human ovum whose division and further development have been stimulated by parthenogenesis. Although those organisms have not, strictly speaking, been the object of fertilisation, due to the effect of the technique used to obtain them they are, as is apparent from the written observations presented to the Court, capable of commencing the process of development of a human being just as an embryo created by fertilisation of an ovum can do so. | 0 |
868,593 | 101 First, the tax on car tax does not constitute a general tax since it is not intended to catch all economic transactions in the Member State concerned (see, to that effect, Case C-208/91 Beaulande [1992] ECR I-6709, paragraph 16, and Case C-130/96 Solisnor-Estaleiros Navais [1997] ECR I-5053, paragraph 17). It is apparent from Paragraph 5 of the Autoverolaki, read in conjunction with Paragraph 1 of that law, that the tax on car tax in fact concerns only a limited class of goods, namely certain vehicles. It does not, therefore, apply generally to transactions relating to goods or services. Moreover, it arises exclusively on payment of the tax payable on the registration or bringing into use of such vehicles. | 35. Article 65 of Directive 2006/112, which provides that, where payments are made on account before the goods or services are supplied, VAT becomes chargeable on receipt of the payment and on the amount received, constitutes a derogation from the rule laid down in Article 63 and, as such, must be interpreted strictly (Case C‑419/02 BUPA Hospitals and Goldsborough Developments [2006] ECR I‑1685, paragraph 45). | 0 |
868,594 | 65. Il y a lieu de rappeler que la Cour a déjà admis que la nécessité de préserver la cohérence d’un régime fiscal peut justifier une restriction à l’exercice des libertés de circulation garanties par le traité (arrêts du 28 janvier 1992, Bachmann, C‑204/90, Rec. p. I‑249, point 21; du 7 septembre 2004, Manninen, C‑319/02, Rec. p. I‑7477, point 42; Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 43; du 1 er décembre 2011, Commission/Belgique, C‑250/08, Rec; p. I‑12341, point 70; du 1 er décembre 2011, Commission/Hongrie, C‑253/09, Rec. p. I‑12391, point 71, ainsi que du 13 novembre 2012, Test Claimants in the FII Group Litigation, C‑35/11, point 57). | 31. In such circumstances, the meaning and scope of terms for which EU law provides no definition must be determined by reference to their usual meaning in everyday language, while account is also taken of the context in which they occur and the purposes of the rules of which they form part (Case C‑592/11 Ketelä EU:C:2012:673, paragraph 51 and the case-law cited). | 0 |
868,595 | 149. The establishment of an integrated and adequate network of disposal installations, taking account of the best available technology not involving excessive costs, the network having to enable waste to be disposed of in one of the nearest appropriate installations, in accordance with Article 5 of the Directive, is among the objectives pursued by the Directive (Joined Cases C-53/02 and C-217/02 Commune de Braine-le-Château and Others [2004] ECR I-0000, paragraph 33). | 20 IN REVIEWING THE LEGALITY OF THE EXERCISE OF SUCH DISCRETION , THE COURT MUST CONFINE ITSELF TO EXAMINING WHETHER IT CONTAINS A MANIFEST ERROR OR CONSTITUTES A MISUSE OF POWER OR WHETHER THE AUTHORITY DID NOT CLEARLY EXCEED THE BOUNDS OF ITS DISCRETION .
| 0 |
868,596 | 39. Within the framework of the cooperation between the Court and national courts and tribunals established by Article 267 TFEU, it is solely for the national court before which the dispute has been brought and which must assume responsibility for the subsequent judicial decision to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59, and Case C‑391/09 Runevič-Vardyn and Wardyn [2011] ECR I‑0000, paragraph 30). | 95. Bien que l’article 260, paragraphe 1, TFUE ne précise pas le délai dans lequel l’exécution d’un arrêt doit intervenir, l’intérêt qui s’attache à une application immédiate et uniforme du droit de l’Union exige, selon une jurisprudence constante de la Cour, que cette exécution soit entamée immédiatement et aboutisse dans des délais aussi brefs que possible (voir, notamment, arrêt Commission/Portugal, C‑76/13, EU:C:2014:2029, point 57). | 0 |
868,597 | 92. In order to determine whether or not Cargill has demonstrated "obvious negligence" within the meaning of the second indent of Article 239(1) of the Customs Code, as the Court has previously held, it is appropriate to apply by analogy the criteria used in the context of Article 220 of the Customs Code to ascertain whether or not an error committed by the customs authorities was detectable by a trader (see Söhl & Söhlke , paragraphs 55 and 56). The Commission was therefore correct in applying those criteria to the present case. | 55 Moreover, in its judgment concerning Article 5(2) of Regulation No 1697/79 in Case C-64/89 Deutscher Fernsprecher [1990] ECR I-2535, paragraph 19, the Court held that the question whether or not an error committed by the customs authorities was detectable by a trader had to be examined taking account in particular of the precise nature of the error, the professional experience of, and the care taken by, the trader. | 1 |
868,598 | 29. In that regard, it should be noted, firstly, that the Court has held that agreements entered into within the framework of collective bargaining between employers and employees and intended to improve employment and working conditions must, by virtue of their nature and purpose, be regarded as not falling within the scope of Article 101(1) TFEU (see, to that effect, Albany , paragraph 60; Brentjens’ , paragraph 57; Drijvende Bokken , paragraph 47; Joined Cases C‑180/98 to C‑184/98 Pavlov and Others [2000] ECR I‑6451, paragraph 67; and Case C‑222/98 van der Woude [2000] ECR I‑7111, paragraph 22). | 53. Il importe d’ajouter que, ainsi que la Cour l’a rappelé aux points 62 et 63 de l’arrêt Italie/Commission, précité, une telle décision d’ouverture à l’égard d’une mesure que la Commission qualifie d’aide nouvelle ne constitue pas une simple mesure préparatoire en ce qu’elle emporte des effets juridiques autonomes, en particulier en ce qui concerne la suspension de la mesure examinée. | 0 |
868,599 | 35
By its first three questions, which should be considered together, the referring court essentially seeks to know how the Rome I and Rome II Regulations should be interpreted for the purpose of determining the law or laws applicable to an action for an injunction within the meaning of Directive 2009/22 brought against the use of allegedly unlawful contractual terms by an undertaking established in one Member State which concludes contracts by way of electronic commerce with consumers resident in other Member States, in particular in the State of the court seised. | 13 It should be noted in this connection that, according to settled case-law, procedural rules are generally held to apply to all proceedings pending at the time when they enter into force, whereas substantive rules are usually interpreted as not applying to situations existing before their entry into force (see, in particular, Joined Cases 212/80 to 217/80 Salumi and Others [1981] ECR 2735, paragraph 9, and Joined Cases C-121/91 and C-122/91 CT Control (Rotterdam) and JCT Benelux v Commission [1993] ECR I-3873, paragraph 22). | 0 |
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