Unnamed: 0
int64 0
869k
| 0
stringlengths 36
32.8k
⌀ | 1
stringlengths 8
29.9k
| 2
int64 0
1
|
|---|---|---|---|
869,000 | 19
The Court has already ruled that legislation of a Member State which makes the application of an inheritance tax advantage, such as a tax-free allowance, dependent on the place of residence of the deceased person or the heir, or on the location of the assets contained in the estate, constitutes a restriction on the free movement of capital prohibited by Article 63(1) TFEU when it has the result that inheritances involving non-residents or containing assets located in another Member State are subject to a higher tax liability than that imposed on inheritances involving only residents or containing only assets located in the Member State of taxation, and which, therefore, has the effect of reducing the value of the inheritance (see, to that effect, judgments of 17 January 2008 in Jäger, C‑256/06, EU:C:2008:20, paragraphs 30 to 35; of 17 October 2013 in Welte, C‑181/12, EU:C:2013:662, paragraphs 23 to 26; of 3 September 2014 in Commission v Spain, C‑127/12, not published, EU:C:2014:2130, paragraphs 57 to 60; and of 4 September 2014 in Commission v Germany, C‑211/13, not published, EU:C:2014:2148, paragraphs 40 to 43). | 26 AS FAR AS CONCERNS ARTICLE 92 ( 3 ) ( C ) OF THE TREATY THE ARGUMENTS SUBMITTED BY THE APPLICANT ARE NOT RELEVANT . THE COMPATIBILITY WITH THE TREATY OF THE AID IN QUESTION MUST BE DETERMINED IN THE CONTEXT OF THE COMMUNITY AND NOT OF A SINGLE MEMBER STATE . THE COMMISSION ' S ASSESSMENT IS BASED FOR THE MOST PART ON THE FINDING THAT THE INCREASE IN THE PRODUCTION OF CIGARETTES ENVISAGED WOULD BE EXPORTED TO THE OTHER MEMBER STATES , IN A SITUATION WHERE THE GROWTH OF CONSUMPTION HAS SLACKENED AND THIS DID NOT PERMIT THE VIEW THAT TRADING CONDITIONS WOULD REMAIN UNAFFECTED BY THIS AID TO AN EXTENT CONTRARY TO THE COMMON INTEREST . THIS ASSESSMENT IS JUSTIFIED . THE FINDING THAT MARKET CONDITIONS IN THE CIGARETTE MANUFACTURING INDUSTRY SEEM APT , WITHOUT STATE INTERVENTION , TO ENSURE A NORMAL DEVELOPMENT , AND THAT THE AID CANNOT THEREFORE BE REGARDED AS ' ' FACILITATING ' ' THE DEVELOPMENT IS ALSO JUSTIFIED WHEN THE NEED FOR AID IS ASSESSED FROM THE STANDPOINT OF THE COMMUNITY RATHER THAN OF A SINGLE MEMBER STATE .
| 0 |
869,001 | 55
However, that chart was put forward by the Commission only as a piece of corroborating evidence. By requiring such evidence to contain all the information needed to show that prices were fixed at the AFICS meeting on 25 February 2004, the General Court failed to consider whether the evidence, viewed as a whole, could be mutually supporting, and failed to have regard to the case-law set out in paragraphs 50 to 52 of the present judgment (see, to that effect, judgment of 25 January 2007, Salzgitter Mannesmann v Commission, C‑411/04 P, EU:C:2007:54, paragraphs 44 to 48). | 47
The purpose of Article 7(2) of Directive 2000/78 is to authorise specific measures aimed at effectively eliminating or reducing actual instances of inequality affecting people with disabilities, which may exist in their social lives and, in particular, their professional lives, and to achieve substantive, rather than formal, equality by reducing those inequalities. | 0 |
869,002 | 23. Il est également constant que l’article 4 de la directive «oiseaux» prévoit un régime spécifiquement ciblé et renforcé, tant pour les espèces mentionnées à l’annexe I de celle-ci que pour les espèces migratrices, qui trouve sa justification dans le fait qu’il s’agit respectivement des espèces les plus menacées et des espèces constituant un patrimoine commun de la Communauté européenne (arrêts du 11 juillet 1996, Royal Society for the Protection of Birds, C‑44/95, Rec. p. I‑3805, point 23, et Commission/Irlande, précité, point 46). | 53. Recital 9 of the preamble to the Framework Decision states moreover that its provisions do not impose an obligation on Member States to ensure that victims will be treated in a manner equivalent to that of a party to proceedings. | 0 |
869,003 | 87. In certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not the production of that item, may be regarded not as a residue but as a by-product which the undertaking does not seek to ‘discard’, within the meaning of the first subparagraph of Article 1(a) of Directive 75/442, but intends to exploit or market on terms which are advantageous to it, in a subsequent process, without any further processing prior to reuse. There is, in such a case, no reason to hold that the provisions of that directive, which are intended to regulate the disposal or recovery of waste, apply to goods, materials or raw materials which have an economic value as products regardless of any form of processing and which, as such, are subject to the legislation applicable to those products, provided that such reuse is not a mere possibility but a certainty, without any further processing prior to reuse and as part of the continuing process of production (see Case C‑9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, paragraphs 34 to 36). | 230. That is true not only where the Commission raises the level of the amount of fines in imposing fines in individual decisions but also if that increase takes effect by the application, in particular cases, of rules of conduct of general application, such as the Guidelines. | 0 |
869,004 | 39
It is also for the referring court to take into account, in accordance with the Court’s case-law, possible information capable of indicating that the visual and phonetic relationship between the two names is not fortuitous (see, to that effect, judgment in Consorzio per la tutela del formaggio Gorgonzola, C‑87/97, EU:C:1999:115, paragraph 28). | 71
Consequently, first, the Commission may not fail to have regard to Article 107(3) TFEU by adopting guidelines vitiated by an error of law or a manifest error of assessment, nor may it waive, by the adoption of guidelines, the exercise of the discretion that that provision confers on it. Further, when, in the exercise of that discretion, it adopts guidelines of that nature, these must be kept under continuous review for the purposes of anticipating any major developments not covered by those measures. | 0 |
869,005 | 135
It must therefore be held that a notary’s powers in matters relating to the dissolution of a registered partnership, which are based entirely on the wishes of the parties and leave the prerogatives of the courts intact in the absence of agreement between the parties, do not have any connection with the exercise of official authority (see, by analogy, judgment of 10 September 2015, Commission v Latvia, C‑151/14, EU:C:2015:577, paragraphs 68 to 70). | 25
The General Court also correctly held, in paragraph 39 of the judgment under appeal, that the adequacy of the statement of reasons of the decision at issue depends ‘on whether or not the putative infringements that the Commission intends to investigate are defined in sufficiently clear terms’. | 0 |
869,006 | 29 The Court has often stated that a benefit may be regarded as a social security benefit in so far as it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a legally defined position, and provided that it concerns one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (see, in particular, Hughes, paragraph 15, Case C-356/89 Newton v Chief Adjudication Officer [1991] ECR I-3017, Joined Cases 379 to 381/85 and 93/86 Giletti and Others [1987] ECR 955, paragraph 11, and Case 249/83 Hoeckx v Openbaar Centrum voor Maatschappelijk Welzijn, Kalmthout [1985] ECR 973, paragraphs 12 to 14). | 17. In that regard, it must be borne in mind that the right to a refund of charges levied in a Member State in breach of the rules of European Union law is the consequence and complement of the rights conferred on individuals by provisions of European Union law prohibiting such charges. The Member State is therefore required in principle to repay charges levied in breach of European Union law (see Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12; Joined Cases C‑441/98 and C‑442/98 Michaïlidis [2000] ECR I‑7145, paragraph 30; Case C‑309/06 Marks & Spencer [2008] ECR I‑2283, paragraph 35; and Case C‑264/08 Direct Parcel Distribution Belgium [2010] ECR I‑0000, paragraph 45). | 0 |
869,007 | 23 The term `discard' must be interpreted in light of the aim of Directive 75/442 which, according to its third recital, is the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, and 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. It follows that the concept of waste cannot be interpreted restrictively (see Joined Cases C-418/97 and C-419/97 ARCO Chemie Nederland and Others [2000] ECR I-4475, paragraphs 36 to 40). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
869,008 | 27
As a preliminary remark, it must be borne in mind that, as provided in Clause 1(a) of the framework agreement, one of the agreement’s objectives is to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination. In addition, the third paragraph of the preamble to the framework agreement states that the agreement ‘illustrates the willingness of the Social Partners to establish a general framework for ensuring equal treatment for fixed-term workers by protecting them against discrimination’. Recital 14 of Directive 1999/70 states, to that effect, that the aim of the framework agreement is, in particular, to improve the quality of fixed-term work by setting out minimum requirements in order to ensure the application of the principle of non-discrimination (judgment of 14 September 2016, de Diego Porras, C‑596/14, EU:C:2016:683, paragraph 25 and the case-law cited). | 59. As regards, first, the fear expressed by the Council that disclosure of an opinion of its legal service relating to a legislative proposal could lead to doubts as to the lawfulness of the legislative act concerned, it is precisely openness in this regard that contributes to conferring greater legitimacy on the institutions in the eyes of European citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated. It is in fact rather a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole. | 0 |
869,009 | 49. It is settled case-law that Directive 98/34 is designed to protect, by means of preventive control, the free movement of goods, which is one of the foundations of the European Union, and that this control serves a useful purpose in that technical regulations falling within the scope of that directive may constitute obstacles to trade in goods between Member States, such obstacles being permissible only if they are necessary to satisfy compelling requirements relating to the public interest (see Case C-303/04 Lidl Italia [2005] ECR I-7865, paragraph 22, Case C-433/05 Sandström [2010] ECR I-2885, paragraph 42, and Case C-361/10 Intercommunale Intermosane and Fédération de l’industrie et du gaz [2011] ECR I-5079, paragraph 10). | 16 AS THE PROHIBITIONS OF ARTICLES 85 ( 1 ) AND 86 TEND BY THEIR VERY NATURE TO PRODUCE DIRECT EFFECTS IN RELATIONS BETWEEN INDIVIDUALS, THESE ARTICLES CREATE DIRECT RIGHTS IN RESPECT OF THE INDIVIDUALS CONCERNED WHICH THE NATIONAL COURTS MUST SAFEGUARD . | 0 |
869,010 | 72. It follows that the possibility that persons insured under the Spanish national health system might be induced to return early to Spain in order to receive hospital treatment there which has been made necessary by a deterioration in their health during a temporary stay in another Member State, or to cancel a trip to another Member State – for tourism or study, for example – because, if their case does not fall within the scope of the second sentence of Article 4(3) of Royal Decree 1030/2006, they cannot count on the competent institution making a complementary contribution if the cost of equivalent treatment in Spain exceeds the level of cover applicable in that other Member State, appears too uncertain and indirect. Accordingly, the legislation at issue cannot, in general terms, be regarded as restricting the freedom to provide hospital treatment services, tourist services or educational services (see, by analogy, regarding the free movement of goods and freedom of movement for workers respectively, Case C‑69/88 Krantz [1990] ECR I‑583, paragraph 11, and Case C‑190/98 Graf [2000] ECR I‑493, paragraphs 24 and 25). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
869,011 | 27 If an examination of all similar contracts reveals that it is difficult to gain access to the relevant market, it is necessary to assess the extent to which the contracts entered into by the supplier concerned contribute to the cumulative effect produced by the totality of the agreements. Under the Community rules on competition, responsibility for such an effect of closing off the market must be attributed to the suppliers who make an appreciable contribution thereto. Contracts entered into by suppliers whose contribution to the cumulative effect is insignificant do not therefore fall under the prohibition laid down in Article 85(1). In order to assess the extent of the contribution of the contracts concluded by a supplier to the cumulative sealing-off effect, the market position of the contracting parties must be taken into consideration. That contribution also depends on the duration of the agreements. If the duration is manifestly excessive in relation to the average duration of contracts generally concluded on the relevant market, the individual contract falls under the prohibition laid down in Article 85(1) (Delimitis, paragraphs 24 to 26). | 39. Moreover, the fifteenth recital in the preamble to Directive 2001/29 states that the Directive implements the international obligations resulting from the adoption, in Geneva on 20 December 1996, under the auspices of the World Intellectual Property Organisation (‘WIPO’), of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, which treaties were approved on behalf of the Community by Council Decision 2000/278/EC of 16 March 2000 (OJ 2000 L 89, p. 6). | 0 |
869,012 | 55. Such an analysis is also required in respect of a measure adopted not by the national legislature but by an infra-State authority, since a measure adopted by a regional authority and not the central power is likely to constitute aid if the conditions laid down by Article 87(1) EC are satisfied (see, Case 248/84 Germany v Commission [1987] ECR 4013, paragraph 17). | 66. Various factors, set out in paragraphs 291 to 327 of the Kadi judgment, were advanced in support of the position stated by the Court in that judgment, and there has been no change in those factors which could justify reconsideration of that position, those factors being, essentially, bound up with the constitutional guarantee which is exercised, in a Union based on the rule of law (see Case C‑550/09 E and F [2010] ECR I‑6213, paragraph 44, and the judgment of 26 June 2012 in Case C‑335/09 P Poland v Commission [2012] ECR I‑0000, paragraph 48), by judicial review of the lawfulness of all European Union measures, including those which, as in the present case, implement an international law measure, in the light of the fundamental rights guaranteed by the European Union. | 0 |
869,013 | 65. While it is apparent from the above that such legislation is generally capable of attaining the objective of public health protection, it is also essential that that legislation pursues that objective consistently. According to the Court’s case-law, national legislation is appropriate for ensuring attainment of the objective relied upon only if it genuinely reflects a concern to attain that objective in a consistent and systematic manner (see, to that effect, judgments in Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 94; Ottica New Line di Accardi Vincenzo , C‑539/11, EU:C:2013:591, paragraph 47; and Sokoll-Seebacher , C‑367/12, EU:C:2014:68, paragraph 39). | 75 Accordingly, it must be accepted that the requirement at issue, whose aim is to preserve the considerable reputation of Rioja wine by strengthening control over its particular characteristics and its quality, is justified as a measure protecting the denominación de origen calificada which may be used by all the producers concerned and is of decisive importance to them. | 0 |
869,014 | 23. According to settled case-law, the distinctiveness of a mark within the meaning of that article means that the mark serves to identify the product in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish that product from those of other undertakings (Joined Cases C-468/01 P to C-472/01 P Procter & Gamble v OHIM [2004] ECR I-5141, paragraph 32; Case C-64/02 P OHIM v Erpo Möbelwerk [2004] ECR I-10031, paragraph 42; Case C-304/06 P Eurohypo v OHIM [2008] ECR I-3297, paragraph 66; and Audi v OHIM , paragraph 33). | 76. The scope of Regulation No 2081/92 is not determined by reference to such factors, but depends essentially on the nature of the designation, in that it covers only designations of products for which there is a specific link between their characteristics and their geographic origin, and by the fact that the protection conferred extends to the Community. | 0 |
869,015 | 46
As regards, first of all, the Council’s allegedly exceeding the bounds of its discretion, it should first be borne in mind that when it is fixing TACs and allocating fishing opportunities among the Member States, the Council has to evaluate a complex economic situation. In such circumstances, the Council’s discretion is not limited to the nature and scope of the measures to be taken but extends, to some degree, to the finding of the basic facts. In reviewing the exercise of such a power, the Court must confine itself to examining whether there has been a manifest error or misuse of power or whether the authority in question has clearly exceeded the bounds of its discretion (see to that effect, judgments of 19 February 1998, NIFPO and Northern Ireland Fishermen’s Federation, C‑4/96, EU:C:1998:67, paragraphs 41 and 42; 5 October 1999, Spain v Council, C‑179/95, EU:C:1999:476, paragraph 29; and 9 September 2004, Spain v Commission, C‑304/01, EU:C:2004:495, paragraph 23). | 23. Furthermore, to the extent that, by the first part of its first plea in law the Spanish Government seeks to dispute the need for the contested measures by questioning their effectiveness, it must be stated that the Commission enjoys a considerable power of discretion in circumstances such as those of the present case where it is necessary to evaluate both a complex situation and the nature or scope of the measures to be taken. Accordingly, in reviewing the exercise of such a power, the Court must confine itself to examining whether there has been a manifest error or misuse of power or whether the authority in question has clearly exceeded the bounds of its discretion (see to that effect, in particular, Case C-4/96 NIFPO and Northern Ireland Fishermen’s Federation [1998] ECR I-681, paragraphs 41 and 42; Case C-179/95 Spain v Council [1999] ECR I-6475, paragraph 29, and Case C-120/99 Italy v Council [2001] ECR I-7997, paragraph 44). | 1 |
869,016 | 41. It is to be recalled that the system under Article 234 EC is capable of being applied to references for a preliminary ruling pursuant to Article 35 EU, subject to the conditions laid down in the latter article (see Case C-105/03 Pupino [2005] ECR I-5285, paragraph 28). Under the procedure envisaged in Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court. The Court of Justice is thus empowered to rule on the interpretation or validity of Community provisions only on the basis of the facts which the national court puts before it (see Case C-235/95 Dumon and Froment [1998] ECR I‑4531, paragraph 25, and Case C-421/01 Traunfellner [2003] ECR I‑11941, paragraph 21). | 52. Although the time-limits prescribed by those articles are mandatory (see, to that effect, Molkereigenossenschaft Wiedergeltingen , paragraphs 38 to 40), the fact remains that they do not preclude the competent authorities of a Member State from making after-the-event checks and corrections for the purpose of ensuring that that Member State’s production does not exceed the guaranteed global quantity allocated to it. | 0 |
869,017 | 31. That interpretation is not called in question by the fourth sentence of recital 21 in the preamble to Regulation No 1/2003, according to which the Commission and the competition authorities of the Member States should be able to submit written or oral observations to courts called upon to apply Articles 81 EC or 82 EC. That recital refers merely to a typical situation but does not exclude other situations in which the Commission may intervene. Moreover, whilst a recital in the preamble to a regulation may cast light on the interpretation to be given to a legal rule, it cannot in itself constitute such a rule (Case 215/88 Casa Fleischhandels [1989] ECR 2789, paragraph 31, and Case C‑136/04 Deutsches Milch‑Kontor [2005] ECR I‑10095, paragraph 32 and case‑law cited). | 26. Regarding the condition concerning the existence of a general economic interest, Directive 2003/55 gives no definition of that expression, but the reference in Article 3(2) of that directive, both to that condition and to Article 106 TFEU, which concerns undertakings entrusted with the management of a service of general economic interest, implies that that condition should be interpreted in the light of that latter provision of the Treaty. | 0 |
869,018 | 47
In the proceedings before the Court, the defendants in the main proceedings have inter alia contended, referring to that case-law, that some of the claims made by the applicant in the main proceedings seeking the provision of information, accounts and documents by the defendants, an order to pay compensation, the destruction and recall of the goods at issue, reimbursement of the lawyers’ fees and publication of the judgment, depend on the application by the court with jurisdiction of provisions of national law and cannot therefore fall within the same situation of law. As the Advocate General notes in points 45 to 52 of his Opinion, such claims are referred to either in Article 89(1)(d) of Regulation No 6/2002 or in Article 88(2) thereof, each of those provisions referring to national law. It follows that those claims are not governed independently by Regulation No 6/2002, but are a matter of the applicable national law (see, to that effect, judgment of 13 February 2014, H. Gautzsch Großhandel, C‑479/12, EU:C:2014:75, paragraphs 52 to 54). | 49. Such a fact cannot of itself allow the view to be taken that their legal position is affected by the contested provisions, adopted in the context of the Common Agricultural Policy and that, accordingly, those provisions are of direct concern to them (see, to that effect, judgment in T & L Sugars and Sidul Açúcares v Commission , C‑456/13 P, EU:C:2015:284, paragraph 37 and the case-law cited). | 0 |
869,019 | 72. According to the Court’s settled case-law, the statement of the reasons on which a judgment is based must clearly and unequivocally disclose the General Court’s thinking, so that the persons concerned can be apprised of the justification for the decision taken and the Court of Justice can exercise its power of review (see, inter alia, Case C‑202/07 P France Télécom v Commission [2009] ECR I‑2369, paragraph 29 and the case-law cited). | 14 The situation is similar with regard to an agreement of the type in dispute in the main proceedings, which is concluded between a travel organizer and a customer in the place where they are both domiciled. Irrespective of its title, and although providing a service concerning the use of short-term holiday accommodation, such an agreement also includes other services, such as information and advice, where the travel organiser proposes a range of holiday offers, the reservation of accommodation during the period chosen by the customer, the reservation of seats in connection with travel arrangements, the reception at the destination and, possibly, travel cancellation insurance. | 0 |
869,020 | 32. Il en va ainsi même si ce risque est très limité, pourvu que le pouvoir adjudicateur ait transféré au concessionnaire l’intégralité ou, tout au moins, une part significative du risque d’exploitation qu’il encourt (voir, en ce sens, arrêts Eurawasser, C-206/08, EU:C:2009:540, point 77, ainsi que Norma-A et Dekom, C-348/10, EU:C:2011:721, point 45). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
869,021 | 58
That requirement on the part of the Member States corresponds to the right enshrined in Article 47 of the Charter, entitled ‘Right to an effective remedy and to a fair trial’, which provides that everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal (see, to that effect, judgment of 16 May 2017, Berlioz Investment Fund, C‑682/15, EU:C:2017:373, paragraph 44, and of 26 July 2017, Sacko, C‑348/16, EU:C:2017:591, paragraph 30). | 57 The national court must undertake an overall assessment of the data relating to ties having regard to all the evidence submitted to it. | 0 |
869,022 | 48. It follows from Article 225 EC, the first paragraph of Article 51 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure of the Court that an appeal must state precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal, failing which the appeal or plea concerned is inadmissible (see Case C‑352/98 P Bergaderm and Goupil v Commission [2000] ECR I‑5291, paragraph 34; Case C‑248/99 P France v Monsanto and Commission [2002] ECR I‑1, paragraph 68; and Joined Cases C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P Dansk Rørindustri and Others v Commission [2005] ECR I‑5425, paragraph 426). | 38 That provision must be interpreted in the light of its objective, which is to ensure that the health of animals and humans is protected, and of developments in scientific knowledge. | 0 |
869,023 | 28. The explanatory notes drawn up, as regards the CN, by the Commission and, as regards the HS, by the Customs Cooperation Council may be an important aid to the interpretation of the scope of the various headings but do not have legally binding force (see Case C-405/97 Mövenpick Deutschland [1999] ECR I-2397, paragraph 18). | 15 IT MUST THEREFORE BE CONCLUDED THAT BY REFUSING WITHOUT PROPER JUSTIFICATION TO APPROVE POSTAL FRANKING MACHINES FROM ANOTHER MEMBER STATE , THE FRENCH REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 OF THE EEC TREATY .
| 0 |
869,024 | 67
Furthermore, whilst the Member States do not implement EU law in the context of the ESM Treaty, so that the Charter is not addressed to them in that context (see, to that effect, judgment of 27 November 2012, Pringle, C‑370/12, EU:C:2012:756, paragraphs 178 to 181), on the other hand the Charter is addressed to the EU institutions, including, as the Advocate General has noted in point 85 of his Opinion, when they act outside the EU legal framework. Moreover, in the context of the adoption of a memorandum of understanding such as that of 26 April 2013, the Commission is bound, under both Article 17(1) TEU, which confers upon it the general task of overseeing the application of EU law, and Article 13(3) and (4) of the ESM Treaty, which requires it to ensure that the memoranda of understanding concluded by the ESM are consistent with EU law (see, to that effect, judgment of 27 November 2012, Pringle, C‑370/12, EU:C:2012:756, paragraphs 163 and 164), to ensure that such a memorandum of understanding is consistent with the fundamental rights guaranteed by the Charter. | 179. In that regard, it must be observed that, under Article 51(1) of the Charter, its provisions are addressed to the Member States only when they are implementing Union law. Under Article 51(2), the Charter does not extend the field of application of Union law beyond the powers of the Union, or establish any new power or task for the Union or modify powers and tasks as defined in the Treaties. Accordingly, the Court is called upon to interpret, in the light of the Charter, the law of the European Union within the limits of the powers conferred on it (see Case C‑400/10 PPU McB . [2010] ECR I‑8965, paragraph 51, and Case C‑256/11 Dereci and Others [2011] ECR I‑11315, paragraph 71). | 1 |
869,025 | 24 In order to establish whether a law introducing a levy on sugar stocks, such as the Lageravgiftslag, is contrary to the provisions of Community law concerning the common organization of the markets in the sugar sector, it must be determined whether that law concerns an area for which the Community rules make exhaustive provision or interferes with the proper functioning of the mechanisms provided by the common organization of the markets, in particular through its influence on price formation or on the structure of agricultural holdings (see Case 222/82 Apple and Pear Development Council v Lewis [1983] ECR 4083, paragraphs 23 and 31, and Case 218/85 Cerafel v Le Campion [1986] ECR 3513, paragraph 13). | 93. It follows therefrom that the procedure for awarding a public contract must comply, at every stage, particularly that of selecting the candidates in a restricted procedure, both with the principle of the equal treatment of the potential tenderers and the principle of transparency so as to afford all equality of opportunity in formulating the terms of their applications to take part and their tenders (see, to that effect, in relation to the stage of comparison of tenders, Case C-87/94 Commission v Belgium [1996] ECR I-2043, paragraph 54). | 0 |
869,026 | 48. A measure which restricts the free movement of workers can be accepted only if it pursues a legitimate aim compatible with the Treaty and is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the objective in question and not go beyond what is necessary for that purpose (see, inter alia, ITC, paragraph 37, and Olympique Lyonnais , paragraph 38). | 21 Those prerogatives are one of the elements of the institutional balance created by the Treaties . The Treaties set up a system for distributing powers among the different Community institutions, assigning to each institution its own role in the institutional structure of the Community and the accomplishment of the tasks entrusted to the Community . | 0 |
869,027 | 16
Moreover, that court harbours doubts as to whether the requirement to compile and submit such a list is proportionate in the light of the objective pursued, namely the prevention of tax avoidance and evasion. It takes the view that that requirement is of a formal and secondary nature allowing only a preliminary analysis of the intended use of the products concerned. In that regard, it refers to the case-law of the Court on value added tax according to which, on the one hand, the deduction of input tax must be allowed if the substantive requirements are satisfied, even if the taxable person has failed to comply with some of the formal requirements (see judgment of 12 July 2012 in EMS-Bulgaria Transport, C‑284/11, EU:C:2012:458, paragraphs 61 and 62) and, on the other hand, national law making export exemptions subject to a time limit for dispatch without allowing, on the basis of failure to comply with the time limit, the reimbursement of value added tax already paid even if the taxable person provided evidence that the goods had left the customs territory of the European Union, which goes beyond what is necessary in order to attain the objective of combating tax avoidance and evasion (see judgment of 19 December 2013 in BDV Hungary Trading, C‑563/12, EU:C:2013:854, paragraph 39). | 41. First, landscape features are physical elements of the environment. The requirements relating to the retention of those features must contribute to their preservation as such. | 0 |
869,028 | 44. However, according to settled case-law of the Court, where national legislation falling within an area which has not been harmonised at EU level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets overriding requirements in the public interest in so far as that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see, inter alia, Säger , C‑76/90, EU:C:1991:331, paragraph 15, and Commission v Belgium EU:C:2006:702, paragraph 33). | 29 That reasoning is clearly not vitiated by any error of law. It is quite evident from the wording of Article 7(1) of Regulation No 40/94 that it is sufficient that one of the absolute grounds for refusal listed in that provision applies for the sign at issue not to be registrable as a Community trade mark. | 0 |
869,029 | 43. Second, the Court has already held that a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of EU law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means (see, inter alia, Simmenthal , paragraphs 21 and 24; Case C‑187/00 Kutz‑Bauer [2003] ECR I‑2741, paragraph 73; Joined Cases C‑387/02, C‑391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraph 72; and Case C‑314/08 Filipiak [2009] ECR I‑0000, paragraph 81). | 64. Une telle situation est manifestement inconciliable avec l’obligation dudit État membre de parvenir à une exécution immédiate et effective de ladite décision (voir, par analogie, arrêt Commission/Italie, EU:C:2013:832, point 35 et jurisprudence citée). | 0 |
869,030 | 51. Consequently, the concept of the value of sales referred to in point 13 of those Guidelines encompasses the sales made on the market concerned by the infringement in the EEA, and it is not necessary to determine whether those sales were genuinely affected by that infringement, since the proportion of the overall turnover deriving from the sale of goods in respect of which the infringement was committed is best able to reflect the economic importance of that infringement (see, to that effect, judgments in Team Relocations and Others v Commission , C‑444/11 P, EU:C:2013:464, paragraphs 75 to 78; Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraphs 57 to 59; Dole Food and Dole Fresh Fruit Europe v Commission , C‑286/13 P, EU:C:2015:184, paragraphs 148 and 149; and LG Display and LG Display Taiwan v Commission , C‑227/14 P, EU:C:2015:258, paragraphs 53 to 58 and 64). | 55. In any event, it must be stated that the proportion of the overall turnover deriving from the sale of products in respect of which the infringement was committed is best able to reflect the economic importance of that infringement (judgment in Guardian Indus tries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraph 59 and case-law cited). | 1 |
869,031 | 154. In that regard, it must be noted that the Framework Agreement sets out, in particular in clause 5(1)(a) to (c), various measures intended to prevent such abuse, and the Member States are required to introduce at least one of those measures in their national law. As to the remainder, clause 5(2) leaves it, in principle, to the Member States to determine the conditions under which fixed-term employment contracts or relationships are to be regarded, first, as successive and, second, as contracts or relationships of indefinite duration ( Adeneler and Others , paragraphs 80 and 81, and order in Vassilakis and Others , paragraphs 103 and 104). | 132. The justifications put forward by the Netherlands Government, namely, the aims of protecting creditors, combating improper recourse to freedom of establishment, and protecting both effective tax inspections and fairness in business dealings, fall therefore to be evaluated by reference to overriding reasons related to the public interest. | 0 |
869,032 | 44. As regards, in the first place, the application of the principle of solidarity, an overall assessment of the scheme at issue in the main proceedings shows, first, that it is, like the scheme at issue in Cisal (paragraph 39), financed by contributions the rate of which is not systematically proportionate to the risk insured. | 44 In contrast, the condition of necessity will not be satisfied if replacement of the trade mark is explicable solely by the parallel importer's attempt to secure a commercial advantage. | 0 |
869,033 | 44. To this end, clause 5(1) imposes on Member States the obligation to introduce into domestic law one or more of the measures listed in clause 5(1)(a) to (c) where equivalent legal provisions intended to prevent effectively the misuse of successive fixed-term employment contracts do not already exist in the Member State concerned ( Adeneler and Others , paragraph 65). | 36. Under that system of supervision, the Commission and the national courts have different powers and responsibilities (judgment in Namur-Les assurances du crédit , C‑44/93, EU:C:1994:311, paragraph 14). | 0 |
869,034 | 28 The Court observes, first, that while it has held that the rules of Article 169 of the Treaty must be applied with no attendant obligation on the Commission to act within a specific period, in certain situations the excessive duration of the pre-litigation procedure laid down by Article 169 may make it more difficult for the Member State concerned to refute the Commission's arguments and might thus infringe the rights of defence (Case C-96/89 Commission v Netherlands, cited above, paragraphs 15 and 16). | 59. Even though the General Court found, in paragraphs 44 and 45 of the judgment under appeal, that the elements ‘U.S.’ and ‘ASSN.’ were not particularly distinctive, it is apparent from those paragraphs that it took full account of those elements and examined their relative importance for the overall impression of the signs at issue. Accordingly, in paragraph 45, the General Court found, as regards the element ‘U.S.’, that ‘although that element constitutes an additional element of conceptual differentiation in relation to the earlier Community mark, the acronym US cannot be considered to be sufficiently distinctive to remove all conceptual similarity between the signs at issue’. In the same paragraph, the General Court held, so far as concerns the element ‘ASSN.’, that it cannot be considered to be sufficiently distinctive to remove all conceptual similarity between the signs at issue. | 0 |
869,035 | 29. It also follows from the Court’s case-law that, although recourse to Article 95 EC as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them ( Arnold André , paragraph 31, and Swedish Match , paragraph 30; see also, to that effect, Case C‑350/92 Spain v Council [1995] ECR I‑1985, paragraph 35, Germany v Parliament and Council , paragraph 86, Case C‑377/98 Netherlands v Parliament and Council [2001] ECR I‑7079, paragraph 15, and British American Tobacco (Investments) and Imperial Tobacco , paragraph 61). | 26. En ce qui concerne la charge de la preuve, il convient de rappeler que, dans le cadre d’une procédure en manquement, en vertu de l’article 226 CE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments nécessaires à la vérification de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêts du 25 mai 1982, Commission/Pays‑Bas, 96/81, Rec. p. 1791, point 6, et du 12 septembre 2000, Commission/Pays‑Bas, C‑408/97, Rec. p. I‑6417, point 15). | 0 |
869,036 | 47 Such an impediment exists, for example, where pharmaceutical products purchased by the parallel importer cannot be placed on the market in the Member State of importation in their original packaging by reason of national rules or practices relating to packaging, or where sickness insurance rules make reimbursement of medical expenses depend on a certain packaging or where well-established medical prescription practices are based, inter alia, on standard sizes recommended by professional groups and sickness insurance institutions. In that regard, it is sufficient for there to be an impediment in respect of one type of packaging used by the trade mark proprietor in the Member State of importation (see Bristol-Myers Squibb and Others, paragraphs 53 and 54). | 32. It should be recalled that, under settled case-law of the Court, the identification as provided for under Article 214 of Directive 2006/112 and the obligations stipulated under Article 213 are only formal requirements for the purposes of control, and they cannot undermine, inter alia, the right of deduction or the right of exemption from VAT for an intra-Community supply, where the substantive conditions which give rise to these rights are satisfied (see, to that effect, Nidera Handelscompagnie , paragraph 50; Case C-263/11 Rēdlihs [2012] ECR I-0000, paragraph 48; and Mecsek-Gabona , paragraph 60). | 0 |
869,037 | 22 With respect to trade mark rights, the Court has held that they constitute an essential element in the system of undistorted competition which the Treaty is intended to establish. In such a system, undertakings must be able to attract and retain customers by the quality of their products or services, which is made possible only by distinctive signs allowing them to be identified. For the trade mark to be able to fulfil that function, it must constitute a guarantee that all products which bear it have been manufactured under the control of a single undertaking to which responsibility for their quality may be attributed (see, in particular, Case C-10/89 CNL-SUCAL v HAG GF (hereinafter `HAG II') [1990] ECR I-3711, paragraph 13, and Bristol-Myers Squibb, cited above, paragraph 43). Consequently, the specific subject-matter of a trade mark is in particular to guarantee to the owner that he has the exclusive right to use that mark for the purpose of putting a product on the market for the first time and thus to protect him against competitors wishing to take unfair advantage of the status and reputation of the trade mark by selling products illegally bearing it (see, in particular, Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7; HAG II, paragraph 14; and Bristol-Myers Squibb, paragraph 44). | 86. In that connection, it must be observed that, according to a document supplied by the Belgian Government, Walloon agriculture contributes 19% of the total nitrogen in the Meuse basin and 17% of the total nitrogen in the Escaut basin. Those two rivers cross the Walloon Region and drain into the North Sea. It must be pointed out that, although minor, those contributions are by no means insignificant. | 0 |
869,038 | 54. The purpose of that progressive rather than immediate introduction of those payments in the new Member States was not to slow down the restructuring of the agricultural sector and not to create significant disparities in income or social imbalances by the granting of aid not proportionate to the income level of farmers and the general population (see, to that effect, judgments in Bábolna , C‑115/10, EU:C:2011:376, paragraph 34, and Poland v Council , C‑273/04, EU:C:2007:622, paragraph 69). | 111. De telles considérations, dans la mesure où elles fondent l’appréciation relative aux décisions litigieuses sur la base légale correcte, à savoir sur la réglementation en vigueur à la date de leur adoption (voir arrêt du 17 mai 2001, IECC/Commission, C‑449/98 P, Rec. p. I‑3875, point 87), ne sont entachées d’aucune erreur de droit et offrent une motivation suffisante du rejet des arguments avancés en première instance. Dès lors, les arguments des requérants tirés de la violation des principes d’égalité de traitement et de non-discrimination sont inopérants et celui tiré d’une insuffisance de motivation n’est pas fondé. | 0 |
869,039 | 42. If examination of a Community measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of those is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component (see Case C-36/98 Spain v Council [2001] ECR I-779, paragraph 59; Case C-211/01 Commission v Council [2003] ECR I‑8913, paragraph 39; and Case C-338/01 Commission v Council [2004] ECR I‑4829, paragraph 55). | 30. In those circumstances, it cannot be considered that the clause at issue in the Tyrolean Airways collective agreement establishes a difference of treatment on grounds of age, in terms of the combined provisions of Article 1 and Article 2(2)(b) of Directive 2000/78. | 0 |
869,040 | 33. In that regard, it must be borne in mind that, in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, it is solely for the national court before which a 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 European Union law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑119/05 Lucchini [2007] ECR I‑6199, paragraph 43, and Case C‑534/11 Arslan [2013] ECR I-0000, paragraph 33). | 9 THE CHARGE THAT MIGRANT WORKERS OBTAIN AN ADVANTAGE OVER WORKERS WHO HAVE NEVER LEFT THEIR OWN COUNTRY CANNOT BE ACCEPTED , SINCE NO DISCRIMINATION CAN ARISE IN LEGAL SITUATIONS WHICH ARE NOT COMPARABLE .
| 0 |
869,041 | 39 Secondly, in Magill, at paragraphs 49 and 50, the Court held that refusal by the owner of an intellectual property right to grant a licence, even if it is the act of an undertaking holding a dominant position, cannot in itself constitute abuse of a dominant position, but that the exercise of an exclusive right by the proprietor may, in exceptional circumstances, involve an abuse. | 17. That difference in the tax treatment of dividends according to the UCITS’ place of residence may discourage, on the one hand, non‑resident UCITS from investing in companies established in France and, on the other, investors resident in France from acquiring shares in non‑resident UCITS. | 0 |
869,042 | 20. The Oberster Gerichtshof is, however, unsure whether, taking account of the relevant case-law of the Court (see Case 144/86 Gubisch Maschinenfabrik [1987] ECR 4861, paragraphs 16 to 18, and Case C-406/92 The Tatry [1994] ECR I-5439, paragraphs 30 to 34), there any grounds for holding that the requirements for lis pendens have been met in this case. | 36. Moreover, it is undisputed that that activity of search engines plays a decisive role in the overall dissemination of those data in that it renders the latter accessible to any internet user making a search on the basis of the data subject’s name, including to internet users who otherwise would not have found the web page on which those data are published. | 0 |
869,043 | 33. It should also be recalled that, as is apparent in particular from Article 1(1) and (2) of Framework Decision 2002/584 and from recitals 5 and 7 in the preamble thereto, the purpose of that decision is to replace the multilateral system of extradition between Member States with a system of surrender, as between judicial authorities, of convicted persons or suspects for the purpose of enforcing judgments or of conducting prosecutions, that system of surrender being based on the principle of mutual recognition (see judgment of 5 September 2012 in Case C-42/11 Lopes Da Silva Jorge , paragraph 28 and the case-law cited). | 46 None the less, the fact that the rates of pay have been determined by collective bargaining or by negotiation at local level may be taken into account by the national court as a factor in its assessment of whether differences between the average pay of two groups of workers are due to objective factors unrelated to any discrimination on grounds of sex. | 0 |
869,044 | 34. In that context, the Court has already stated on several occasions that the national court is required to assess of its own motion whether a contractual term falling within the scope of Directive 93/13 is unfair, compensating in this way for the imbalance which exists between the consumer and the seller or supplier, where it has available to it the legal and factual elements necessary for that task ( Aziz EU:C:2013:164, paragraph 46 and the case-law cited). | 35. It should be noted, as a preliminary point, that proper consultation of the Parliament in the cases provided for by the applicable rules of EU law constitutes an essential procedural requirement, disregard of which renders the act concerned void (judgments in Parliament v Council , C‑317/13 and C‑679/13, EU:C:2015:223, paragraph 63, and Parliament v Council , C‑540/13, EU:C:2015:224, paragraph 53 and the case-law cited). | 0 |
869,045 | 27
The First Directive, as amplified and supplemented by the Second and Third Directives, requires the Member States to ensure that civil liability in respect of the use of vehicles normally based in their territory is covered by insurance, and specifies, inter alia, the types of damage and the third-party victims to be covered by that insurance (judgment of 23 October 2012, Marques Almeida, C‑300/10, EU:C:2012:656, paragraph 27 and the case-law cited). | 57. Il est également de jurisprudence constante que l’article 45, premier alinéa, CE constitue une dérogation à la règle fondamentale de la liberté d’établissement. Comme telle, cette dérogation doit recevoir une interprétation qui limite sa portée à ce qui est strictement nécessaire pour sauvegarder les intérêts que cette disposition permet aux États membres de protéger (arrêts du 15 mars 1988, Commission/Grèce, précité, point 7; Commission/Espagne, précité, point 34; du 30 mars 2006, Servizi Ausiliari Dottori Commercialisti, C‑451/03, Rec. p. I‑2941, point 45; du 29 novembre 2007, Commission/Autriche, C‑393/05, Rec. p. I‑10195, point 35, et Commission/Allemagne, C‑404/05, Rec. p. I‑10239, points 37 et 46, ainsi que Commission/Portugal, précité, point 34). | 0 |
869,046 | 31. According to the referring court, the national legislation transposing the directive is not applicable to nationals of the Republic of Bulgaria. However, that fact cannot have the effect of preventing a national court from giving full effect to the rules of European Union law, if necessary by refusing to apply any provision of national legislation which is contrary to European Union law and in particular to Article 27 of Directive 2004/38 (see, to that effect, inter alia, Case C‑173/09 Elchinov [2010] ECR I‑0000, paragraph 31 and case-law cited), given that the provisions of that article, which are unconditional and sufficiently precise, may be relied on by an individual vis-à-vis the Member state of which he is a national (see, by analogy, Case 41/74 van Duyn [1974] ECR 1337, paragraphs 9 to 15). | 51. Moreover, if a Member State introduces a new tax law, it obviously determines that it is to apply from a certain date. The tax applied after the entry into force of that law may therefore differ from the rate of tax previously in force. As the Court held in paragraph 49 of Nádasdi and Németh , relied on by the Romanian Government, that circumstance cannot in itself be regarded as discriminating between earlier situations and those subsequent to the entry into force of the new legislation. | 0 |
869,047 | 183
Moreover, according to settled case-law of the Court of Justice, the General Court alone has jurisdiction to examine how in each particular case the Commission assessed the gravity of unlawful conduct. In an appeal, the purpose of review by the Court of Justice is, first, to examine to what extent the General Court took into consideration, in a legally correct manner, all the essential factors to assess the gravity of particular conduct in the light of Article 101 TFEU and Article 23 of Regulation No 1/2003 and, second, to consider whether the General Court responded to a sufficient legal standard to all the arguments raised in support of the claim for reduction of the fine. The gravity of infringements of EU competition law must be determined by reference to numerous factors such as, in particular, the deterrent effect of fines, the specific circumstances and context of the case, including the conduct of each of the undertakings, the role played by each of them in the establishment of the cartel, the profit which they were able to derive from it, their size, the value of the goods concerned and the threat that infringements of that type pose to the objectives of the European Union (see, to that effect, judgment of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 95, 99 and 100). | 50. The term ‘paid annual leave’ in that provision means that, for the duration of annual leave within the meaning of the directive, remuneration must be maintained. In other words, workers must receive their normal remuneration for that period of rest. | 0 |
869,048 | 26. Therefore, in order for there to be letting of immovable property within the meaning of Article 13(B)(b) of the Sixth Directive, all the conditions characterising that transaction must be satisfied, that is to say, the landlord of property must have assigned to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude other persons from it (Case C‑409/98 Mirror Group [2001] ECR I‑7175, paragraph 31; Case C‑108/99 Cantor Fitzgerald International [2001] ECR I‑7257, paragraph 21; and Seeling , paragraph 49). | 15 The Court found in Ivenel, Shenavai and Six Constructions, cited above, that such contracts display certain particular features compared with other contracts in that they create a lasting bond which brings the worker to some extent within the organizational framework of the employer' s business and they are linked to the place where the activities are pursued, which determines the application of mandatory rules and collective agreements protecting the employee. | 0 |
869,049 | 16 Secondly, while a migrant worker loses his entitlement to unemployment benefits under the law of the competent State if he does not return there before the three- month period has expired, as pointed out in paragraph 7 of this judgment, that does not mean that he cannot acquire that entitlement anew in accordance with the conditions that normally apply under the law of that State. If that were not so, he would be in a less favourable position than if he had not claimed the benefit of Article 69 of the Regulation. The effect of the interpretation advanced by the Office National de l' Emploi and the Belgian Government would be to discourage the mobility of persons seeking employment that Article 69 seeks to promote, by making it more difficult for a worker who has exercised the right given to him by Article 69 to be entitled to unemployment benefit than for workers in Belgium as a whole (paragraph 13 of Di Conti). | 14 THE OBJECTION IS WELL FOUNDED . EVEN THOUGH , AS THE APPLICANT NOTES , THE DUTY OF THE INSTITUTIONS TO COMPLY WITH THE PROVISIONS RELATING TO RECRUITMENT CORRESPONDS TO A PUBLIC INTEREST , THE APPLICANT IS NOT ENTITLED TO ACT IN THE INTERESTS OF THE LAW OR OF THE INSTITUTIONS AND MAY PUT FORWARD , IN SUPPORT OF AN ACTION FOR THE ANNULMENT OF AN APPOINTMENT , ONLY SUCH CLAIMS AS RELATE TO HIM PERSONALLY . THE SUBMISSION MUST THEREFORE BE DECLARED INADMISSIBLE .
THE REMAINING SUBMISSIONS | 0 |
869,050 | 34 In paragraph 23 of its judgment in Case 87/75 Bresciani v Amministrazione delle Finanze [1976] ECR 129 the Court held, with regard to the Second Association Agreement between the European Economic Community and the African States and Madagascar signed at Yaoundé on 29 July 1969 (OJ, English Special Edition (Second Series, I External Relations (2)), which preceded the ACP-EEC Conventions, that that imbalance in the obligations assumed by the Community towards the Associated States, which was inherent in the special nature of the convention, did not prevent recognition by the Community that some of its provisions had direct effect. | 67. More particularly, as regards the limits of discretion set by Article 6(3) of the Habitats Directive, it follows from that provision that in a case such as that in the main action, the competent national authorities, taking account of the conclusions of the appropriate assessment of the implications of mechanical cockle fishing for the site concerned in the light of the site’s conservation objectives, are to authorise such an activity only if they have made certain that it will not adversely affect the integrity of that site, that being the case if there remains no reasonable scientific doubt as to the absence of such effects (see paragraph 59 above). | 0 |
869,051 | 63. To that end, it is necessary to interpret Article 1(4) and (6) of Common Position 2001/931, to which Article 2(3) of Regulation No 2580/2001 refers, by taking account not only of its wording, but also of the context in which it occurs and the objectives pursued by the rules of which it forms part (see, inter alia, Case C‑156/98 Germany v Commission [2000] ECR I‑6857, paragraph 50; Case C‑162/09 Lassal [2010] ECR I‑9217, paragraph 49; and Joined Cases C‑509/09 and C‑161/10 eDate Advertising and Martinez [2011] ECR I‑10269, paragraph 54). Moreover, the particular circumstances of the present case need to be taken into account.
a) Interpretation of Article 1(4) of Common Position 2001/931 | 107 As regards semen and embryos, it is sufficient to recall that when the contested decision was adopted the risk of vertical transmission had not been definitively excluded. | 0 |
869,052 | 204. As regards the relevance in that regard of the fact that Article 103(8) of the Constitution of the Hellenic Republic was amended after the entry into force of Directive 1999/70 and before the time-limit for transposing it elapsed so as to prohibit absolutely the conversion of fixed-term employment contracts into contracts of indefinite duration in the public sector, it is sufficient to note that a directive produces legal effects for a Member State to which it is addressed – and, therefore, for all the national authorities – following its publication or from the date of its notification, as the case may be (see Adeneler and Others , paragraph 119, and order in Vassilakis and Others , paragraph 67). | 52
Under Article 12 of the Association Agreement, the parties thereto have, in accordance with the exclusively economic aim which forms the basis of the EEC-Turkey Association, agreed to be guided by the provisions of primary EU law on the freedom of movement for workers, so that the principles accepted in the context of those provisions must be extended, so far as possible, to Turkish nationals who enjoy rights under that Association Agreement (see, to that effect, judgment in Ziebell, C‑371/08, EU:C:2011:809, paragraphs 58 and 65 to 68). | 0 |
869,053 | 19. As regards the criteria according to which a specified service is to be regarded as being covered by the first indent of Article 9(2)(c) of the Sixth Directive, no particular artistic or sporting level is required, for example, and it is not only services relating, inter alia, to artistic, sporting and entertainment activities, but also services relating merely to similar activities that fall within its scope (see, to that effect, Dudda , paragraph 25). | 58. In any event, for the period prior to the expiry date of the reasonable period granted to the European Union in accordance with the DSU to comply with the recommendations or decisions of the DSB, the European Union Courts cannot conduct a review of the lawfulness of the European Union measures in the light of the WTO rules, without rendering that reasonable period ineffective (see, to that effect, Case C-93/02 P Biret International v Council [2003] ECR I-10497, paragraphs 61 and 62, and X and X , paragraph 41). | 0 |
869,054 | 28. On the other hand, where a plant protection product covered by marketing authorisation granted in accordance with the provisions of the Directive in one Member State is imported into another Member State as a parallel import of a plant protection product already covered by marketing authorisation in the Member State of importation, the provisions of the Directive on the procedure for the issue of marketing authorisation do not apply (see, in relation to pharmaceutical products, Case C‑201/94 Smith & Nephew and Primecrown [1996] ECR I‑5819, paragraph 21, and, in relation to plant protection products, British Agrochemicals Association , paragraph 31). None the less, such a situation falls within the scope of the provisions of the EC Treaty on the free movement of goods. | 14 The Court has further held that, in accordance with the requirements of the principle that the common system of VAT should be neutral, the concept of `exploitation' within the meaning of Article 4(2) refers to all transactions, whatever may be their legal form, by which it is sought to obtain income from the property in question on a continuing basis (Van Tiem, paragraph 18). | 0 |
869,055 | 66 It should be added that in any event the Court has held that in the absence of Community rules governing a matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Community law, it being understood that such rules must not be less favourable than those governing similar domestic actions nor render virtually impossible or excessively difficult the exercise of rights conferred by Community law (see, in particular, Case 33/76 Rewe [1976] ECR 1989, at paragraph 5; Case 45/76 Comet [1976] ECR 2043, at paragraphs 12 to 16, and Case C-312/93 Peterbroeck [1995] ECR I-4599, at paragraph 12). | 78. Although such measures show that certain initiatives have been undertaken to deal with the difficulties in Campania, the fact remains that, in so acting, the Italian Republic clearly acknowledges that, on the expiry of the deadline set in the reasoned opinion, the installations then existing and operational in Campania fell a long way short of being able to meet the actual needs of the region in terms of waste disposal. | 0 |
869,056 | 38 The Court further held in Zuckerfabrik (paragraph 24) that the grant of relief must retain the character of an interim measure. The national court to which the application for interim relief is made may therefore order interim measures and maintain them only for so long as the Court has not ruled that consideration of the questions referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of the regulation in question. | 58 None the less, so far as those advertisements are concerned, it is still necessary to consider whether use of the trade mark may be legitimate in the light of the rule laid down in Article 6(1)(c) of the directive, that the proprietor may not prohibit a third party from using the trade mark to indicate the intended purpose of a product or service, in particular as accessories or spare parts, provided that the use is necessary to indicate that purpose and is in accordance with honest practices in industrial or commercial matters. | 0 |
869,057 | 25. In addition, where a Member State has levied taxes in breach of rules of EU law, individuals are entitled to reimbursement not only of the tax unduly levied but also of the amounts paid to that State or retained by it which relate directly to that tax. Accordingly, the principle of the obligation of Member States to repay with interest amounts of tax levied in breach of EU law follows from that law (see, to that effect, judgments in Littlewoods Retail and Others , C‑591/10, EU:C:2012:478, paragraphs 25 and 26, and Irimie , C‑565/11, EU:C:2013:250, paragraphs 21 and 22). | 37. Whether the applicant is acting in bad faith, within the meaning of Article 51(1)(b) of Regulation No 40/94, must be the subject of an overall assessment, taking into account all the factors relevant to the particular case. | 0 |
869,058 | 17 In that respect it should first of all be underlined that Article 4 of the Sixth Directive confers a very wide scope on value added tax, comprising all stages of production, distribution and the provision of services ( see the judgments of the Court in Case 235/85 Commission v Netherlands [1987] ECR 1487, paragraph 7, and in Case 348/87 Stichting Uitvoering Financiële Acties v Staatssecretaris van Financiën [1989] ECR 1737, paragraph 10 ). | 41. A similar examination must therefore be carried out comparing charges applied to the undertaking in a dominant position and to its competitors for the allocation of telephone numbers. | 0 |
869,059 | 45 It follows from the judgment in Case 199/82 Amministrazione delle Finanze dello Stato v San Giorgio [1983] ECR 3595, paragraph 12, cited by the national court, that while entitlement to the repayment of charges levied by a Member State contrary to the rules of Community law is a consequence of, and an adjunct to, the rights conferred on individuals by the Community provisions prohibiting such charges, as Community law stands at present repayment may be sought only within the framework of the conditions as to both substance and form laid down by the various national laws applicable thereto, provided always that those conditions may not be less favourable than those governing similar domestic actions or render virtually impossible or excessively difficult the exercise of rights conferred by Community law. | 36. Thus, it is possible, as a rule, to conclude that there is a cancellation where the delayed flight for which the booking was made is ‘rolled over’ onto another flight, that is to say, where the planning for the original flight is abandoned and the passengers from that flight join passengers on a flight which was also planned – but independently of the flight for which the passengers so transferred had made their bookings. | 0 |
869,060 | 23 The Court has clarified the link existing between the right to deduction in the Member State of establishment and the right to a refund in another Member State where the expenditure is incurred. It has held that a taxable person who benefits from exemption and is consequently not entitled to deduct input tax is not, in accordance with the objective pursued by the VAT directives, entitled to a refund of VAT paid in another Member State either (Case C-302/93 Debouche v Inspecteur der Invoerrechten en Accijnzen [1996] ECR I-4495, paragraph 15). | 82. Reparation for loss or damage caused to individuals as a result of breaches of Community law must be commensurate with the loss or damage sustained so as to ensure the effective protection for their rights. | 0 |
869,061 | 31. Basing its reasoning in that respect, inter alia, on the essential role played by the judiciary in the protection of the rights derived by individuals from Community rules and on the fact that a court adjudicating at last instance is by definition the last judicial body before which individuals may assert the rights conferred on them by Community law, the Court infers that the protection of those rights would be weakened – and the full effectiveness of the Community rules conferring such rights would be brought into question – if individuals were precluded from being able, under certain conditions, to obtain reparation when their rights are affected by an infringement of Community law attributable to a decision of a court of a Member State adjudicating at last instance (see Köbler , paragraphs 33 to 36). | 63. Moreover, recital 23 of Directive 2003/54 and recital 23 of Directive 2003/55 state that the construction and maintenance of the necessary network infrastructure are important elements in ensuring a stable and secure supply of electricity of electricity and gas. | 0 |
869,062 | 14 Nevertheless, powers which are retained by the Member States must be exercised consistently with Community law (see most recently the judgments in Case 57/86 Hellenic Republic v Commission [1988] ECR 2855, at paragraph 9, and in Case 127/87 Commission v Hellenic Republic [1988] ECR 3333, at paragraph 7). | 73. Il y a donc lieu de distinguer les traitements inégaux permis au titre de l’article 65 TFUE des discriminations arbitraires interdites en vertu du paragraphe 3 de cet article. À cet égard, il ressort de la jurisprudence que, pour qu’une réglementation fiscale nationale qui, aux fins du calcul des droits de succession ou de donation, opère une distinction entre les résidents et les non-résidents ou entre les biens situés sur le territoire national et ceux situés hors dudit territoire puisse être considérée comme compatible avec les dispositions du traité relatives à la libre circulation des capitaux, il est nécessaire que la différence de traitement concerne des situations qui ne sont pas objectivement comparables ou qu’elle soit justifiée par une raison impérieuse d’intérêt général (voir, arrêt Arens‑Sikken, EU:C:2008:490, point 53). | 0 |
869,063 | 42 In that respect, it is settled case-law that, whilst it is for the Commission to prove that there has been a breach of the rules governing the common organisation of agricultural markets (see, for example, Case C-278/98 Netherlands v Commission [2001] ECR I-1501, paragraph 39, and the case-law cited), it is for the Member State to demonstrate, if appropriate, that the Commission erred as to the action called for, on the financial level, as a result of that breach (see Case C-235/97 France v Commission [1998] ECR I-7555, paragraph 39). | 57. In the light of all the foregoing, the answer to the second question is that Article 15(6) of the Sixth Directive must be interpreted as meaning that the exemption for which it provides also applies to the supply of an aircraft to an operator who is not itself an ‘airline operating for reward chiefly on international routes’ within the meaning of that provision but which acquires that aircraft for the purposes of exclusive use thereof by such an undertaking.
The third question | 0 |
869,064 | 57. The Kingdom of Belgium cannot therefore claim that the setting off of the tax paid in Belgium against the tax payable in the other Member State, pursuant to the double taxation conventions, allows in every case the neutralisation of the difference of treatment resulting from the application of the provisions of national tax legislation or of those conventions whose effect is to reduce the rate of the deduction arising from the withholding tax (see Commission v Italy , paragraph 39, Commission v Spain , paragraph 64, and Commission v Germany , paragraph 70). | 51. In that regard, it should be pointed out that, contrary to the contentions of the numerous interested parties which submitted observations in the proceedings, the question whether or not the quantities of products for export attract export refunds is not relevant in the light of the concept of ‘export obligations to be fulfilled during the current marketing year’. That concept covers only the quantities of products for which export licences have been issued. | 0 |
869,065 | 37. Those reasons – given as alternative grounds by the Board of Appeal for refusing to take into account the evidence submitted late by Mr Rintisch – are capable of remedying the defect vitiating the contested decision only if they permit the inference that the Board of Appeal actually exercised its discretion under Article 74(2) of Regulation No 40/94, for the purposes of deciding, in a reasoned manner and having regard to all the relevant circumstances, whether it was necessary to take into account the evidence submitted to it late, in order to give its decision (see, to that effect, Case C‑610/11 P Centrotherm Systemtechnik v OHIM and centrotherm Clean Solutions [2013] ECR I‑0000, paragraph 110). | 24. On the other hand, as the Court has already held, it is not contrary to Community law to require the supplier to take every step which could reasonably be required of him to satisfy himself that the transaction which he is effecting does not result in his participation in tax evasion (see Teleos and Others , paragraph 65, and the case-law cited there). | 0 |
869,066 | 29 The Court concluded, in paragraph 30, that it was thus apparent that, in such a case, a form of discrimination in the method of calculating pensions such as that which followed from the national legislation in issue would be necessarily and objectively linked to the difference that had been maintained as regards the specification of the pensionable age. | 24. However, Member States must exercise that competence in accordance with Community law, in particular with the Treaty provisions concerning the freedom accorded to every citizen of the Union to move and reside freely within the territory of the Member States ( Tas-Hagen and Tas , paragraph 22). | 0 |
869,067 | 41 The Court has already held that national rules under which previous periods of employment in the public service of another Member State may not be taken into consideration constituted unjustified indirect discrimination and contravened Article 48(2) of the Treaty (see Scholz, cited above, paragraph 11, Schöning-Kougebetopoulou, cited above, paragraph 23; and Case C-187/96 Commission v Greece [1998] ECR I-1095, paragraph 21). | 24. Even if the Court did not, in CBA Computer , rule on whether the sound cards, in relation to the years 1998 and 1999, were to be classified under heading 8471 or heading 8543 of the Combined Nomenclature, in the version of Regulations Nos 2086/97 and 2261/98, as stated at paragraph 15 above, its finding that those cards do not have a specific function other than the processing of data is applicable to the present proceedings, which concern the same type of sound cards as those at issue in CBA Computer , as previously noted at paragraph 13 above. | 0 |
869,068 | 43. It must be pointed out in this connection, as it was in paragraph 27 above, that, in so far as the wording of Article 5(1)(a) of Regulation No 44/2001 is identical to that of the first sentence of Article 5(1) of the Brussels Convention, the scope to be given to the first provision should be identical to that of the latter provision (see, to that effect, Case C‑533/07 Falco Privatstiftung and Rabitsch [2009] ECR I‑3327, paragraphs 48 and 56). | 33. In that context, it is common ground that whether the defendant was served with the document which instituted the proceedings is a relevant aspect of the overall assessment of a factual nature (see, to that effect Case 166/80 Klomps [1981] ECR 1593, paragraphs 15 and 18), which must be conducted by the court of the Member State in which enforcement is sought in order to ascertain whether that defendant has the time necessary in order to prepare his defence or to take the steps necessary to prevent a decision delivered in default of appearance. | 0 |
869,069 | 49
As regards that requirement, the Court has repeatedly held that it implies that the purpose of granting a delegated power is to achieve the adoption of rules coming within the regulatory framework as defined by the basic legislative act (judgments of 18 March 2014, Commission v Parliament and Council, C‑427/12, EU:C:2014:170, paragraph 38; of 16 July 2015, Commission v Parliament and Council, C‑88/14, EU:C:2015:499, paragraph 29; and of 17 March 2016, Parliament v Commission, C‑286/14, EU:C:2016:183, paragraph 30). The Court’s case-law requires in particular that the definition of the power conferred is sufficiently precise, in that it must indicate clearly the limits of the power and must enable the Commission’s use of the power to be reviewed by reference to objective criteria fixed by the EU legislature (see, to that effect, judgments of 5 July 1988, Central-Import Münster, 291/86, EU:C:1988:361, paragraph 13, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 90). | 33. En tout état de cause, conformément au cadre réglementaire instauré à l’article 17 de la sixième directive dans lequel s’insèrent les huitième et treizième directives, c’est uniquement le lieu d’établissement qui est décisif pour le mode de restitution de la TVA, de sorte qu’un assujetti disposant d’un établissement stable en Italie est à considérer de ce fait comme établi dans ledit État membre et peut demander la déduction de la TVA pour ses acquisitions effectuées en Italie, qu’elles aient été effectuées par l’intermédiaire de cet établissement stable ou directement par son établissement principal situé en dehors de l’Italie. | 0 |
869,070 | 57
Regulation No 1408/71 does not set up a common scheme of social security, but allows different national social security schemes to exist and its sole objective is to ensure the coordination of those schemes. It thus allows different schemes to continue to exist, creating different claims on different institutions against which the claimant possesses direct rights by virtue either of national law alone or of national law supplemented, where necessary, by EU law (judgment of 21 February 2013, Dumont de Chassart, C‑619/11, EU:C:2013:92, paragraph 40 and the case-law cited). | 32. It follows from the above that the taking of annual leave in a period after the reference period has no connection to the hours worked by the worker during that later period. Consequently, a change, and in particular a reduction, of working hours when moving from full-time to part-time employment cannot reduce the right to annual leave that the worker has accumulated during the period of full‑time employment. | 0 |
869,071 | 88. Furthermore, it should be borne in mind in that regard that the principle of equality of arms – together with, among others, the principle of audi alteram partem – is no more than a corollary of the very concept of a fair hearing (see, by analogy, Case C‑305/05 Ordre des barreaux francophones et germanophone and Others [2007] ECR I‑5305, paragraph 31; Case C‑89/08 P Commission v Ireland and Others [2009] ECR I‑0000, paragraph 50; and Case C‑197/09 RX‑II Réexamen M v EMEA [2009] ECR I‑0000, paragraphs 39 and 40). | 31. In addition, Article 5 of Directive 2005/29 provides that unfair commercial practices are to be prohibited and sets out the criteria on the basis of which practices may to be classified as being unfair. | 0 |
869,072 | 18 Furthermore, some of the derogations provided for by the Treaty concern only the rules relating to the free movement of goods, persons and services, and not the social provisions of the Treaty, of which the principle of equal treatment of men and women on which Mrs Sirdar relies forms part. In accordance with settled case-law, this principle is of general application and the Directive applies to employment in the public service (Case 248/83 Commission v Germany [1985] ECR 1459, paragraph 16, and Case C-1/95 Gerster v Freistaat Bayern [1997] ECR I-5253, paragraph 18). | 91. In addition to the finding of failure immediately and actually to implement Decision 2000/128 made in the judgment in Case C‑99/02 Commission v Italy , the failure to comply with which gave rise to the present proceedings, several other findings of failure to fulfil obligations have been made by the Court, in particular in Case C‑207/05 Commission v Italy , Case C‑280/05 Commission v Italy , Case C‑304/09 Commission v Italy and Case C‑305/09 Commission v Italy . | 0 |
869,073 | 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). | 25. According to the definition in Article 2(b) of Directive 95/46, the term " processing" of such data used in Article 3(1) covers " any operation or set of operations which is performed upon personal data, whether or not by automatic means" . That provision gives several examples of such operations, including disclosure by transmission, dissemination or otherwise making data available. It follows that the operation of loading personal data on an internet page must be considered to be such processing. | 0 |
869,074 | 109 First, it must be remembered that, according to settled case-law, it is not for the Court of Justice, when deciding questions of law in the context of an appeal, to substitute, on grounds of fairness, its own appraisal for that of the Court of First Instance adjudicating, in the exercise of its unlimited jurisdiction, on the amount of a fine imposed on an undertaking by reason of its infringement of Community law (see in particular Case C-320/92 P Finsider v Commission [1994] ECR I-5697, paragraph 46). | 50 Consequently, the third plea must be rejected, it being unnecessary to examine the other charges made by the French Government in support of it. | 0 |
869,075 | 54. That conclusion contradicts the case-law of the Court of Justice, in particular the judgment in France v Commission (C‑241/94, EU:C:1996:353, paragraphs 23 and 24), in which the Court of Justice found that, by virtue of its aim and general scheme, the system at issue was liable to place certain undertakings in a more favourable situation than others since the competent authority enjoyed a degree of latitude which enabled it to adjust its financial assistance having regard to various considerations such as, in particular, the choice of the beneficiaries, the amount of financial assistance and the conditions under which it was provided. It also disregarded the judgment in P (C‑6/12, EU:C:2013:525, paragraph 27), in which the Court of Justice held that, when national legislation confers a discretion on national authorities with regard to the detailed rules for the application of the measure at issue, the decisions of those authorities lack selectivity only if that discretion is limited by objective criteria, which are not connected with the system put in place by the legislation in question. | 45. If medical or administrative checks make it necessary for the recipient of a benefit such as that at issue in the main proceedings to be in the territory of the Member State concerned, nothing precludes that Member State from requesting that the recipient go to that State for the purpose of undergoing such a check, including on pain of suspension of payment of the benefit if there is an unwarranted refusal on the part of the recipient. | 0 |
869,076 | 52. For that purpose, the Commission’s suggestions cannot bind the Court and are merely guidance. Likewise, guidelines concerning orders for payment of lump sums, such as those appearing in the Communication from the Commission SEC(2005) 1658, as updated, which the Commission relied on in the present case, do not bind the Court, but may contribute to ensuring that the Commission’s actions are transparent, foreseeable and consistent with legal certainty (see Commission v Czech Republic , paragraph 43 and the case-law cited). | 27 Consequently, Article 48 does not apply to unemployment benefits of the kind at issue in the main proceedings and hence the taking into account by a Member State of periods of employment or insurance completed by the persons concerned under the legislation of another Member State for the purposes of the award of unemployment benefit is governed solely by Article 67 of Regulation No 1408/71, which is the subject of the second question. | 0 |
869,077 | 42. In this respect, it should be noted that the rules for interpreting the exemptions in Article 13 of the Sixth Directive set out in paragraph 27 of this judgment apply to the specific conditions laid down for those exemptions to apply and in particular to those concerning the status or identity of the economic agent performing the services covered by the exemption (see, to that effect, Case C‑216/97 Gregg [1999] ECR I-4947, paragraphs 16 to 20; Case C‑498/03 Kingscrest Associates and Montecello [2005] ECR I-4427, paragraph 23; and Haderer , paragraph 19). | 48
Accordingly, courses provided by educational establishments financed essentially by private funds that do not come from the provider itself constitute services, since the aim of such establishments is to offer a service for remuneration (see, by analogy, judgments of 11 September 2007, Schwarz and Gootjes-Schwarz, C‑76/05, EU:C:2007:492, paragraph 40, and of 11 September 2007, Commission v Germany, C‑318/05, EU:C:2007:495, paragraph 69). | 0 |
869,078 | 29. It must be pointed out that the MA in the European Union referred to in Article 13(1) of the SPC Regulation is not intended to take the place of the MA provided for in Article 3(b) of that regulation, that is to say, the authorisation granted by the Member State in which the application is submitted; instead, it constitutes a further condition applying in the event that the latter authorisation is not the first authorisation to place the product on the market as a medicinal product in the European Union (see, to that effect, Case C-127/00 Hässle [2003] ECR I-14781, paragraph 73). | 30. À cet égard, un brevet protégeant plusieurs «produits» distincts peut certes permettre en principe d’obtenir plusieurs CCP en lien avec chacun de ces produits distincts, pour autant notamment que chacun de ceux-ci soit «protégé» en tant que tel par ce «brevet de base» au sens de l’article 3, sous a), du règlement nº 469/2009, lu en combinaison avec l’article 1 er , sous b) et c), de celui-ci (arrêt du 12 décembre 2013, Actavis Group PTC et Actavis UK, C‑443/12, point 29) et soit contenu dans un médicament disposant d’une AMM. | 0 |
869,079 | 28. En prévoyant l’octroi de congés rémunérés et d’une prime de mariage à l’occasion du mariage d’un salarié de l’entreprise, les articles 20 et 34 de la convention collective nationale du Crédit agricole établissent des règles relatives aux conditions d’emploi et de travail et, notamment, aux conditions de rémunération, au sens de l’article 3, paragraphe 1, sous c), de la directive 2000/78. En effet, la notion de rémunération au sens de cette disposition doit être interprétée dans un sens large et comprend, notamment, tous les avantages en espèces ou en nature, actuels ou futurs, pourvu qu’ils soient consentis, fût-ce indirectement, par l’employeur au travailleur en raison de l’emploi de ce dernier, que ce soit en vertu d’un contrat de travail, de dispositions législatives ou à titre volontaire (voir arrêt du 6 décembre 2012, Dittrich e.a., C‑124/11, C‑125/11 et C‑143/11, point 35). | 51. In the main proceedings, the Community institutions did not fail to take account of a known factor like the system of applying the alloy surcharge. They examined the factor of the application of the alloy surcharge and concluded that it constituted a small percentage of the final price. In those circumstances, it is for the parties pleading the invalidity of the regulation to adduce evidence to show that the concerted application of the alloy surcharge by the flat product producers could have had an effect of such magnitude that the final prices of stainless steel wires could no longer be used to establish the existence of injury to the Community industry and of the causal link between that injury and the subsidised imports. | 0 |
869,080 | 31. Ce n’est qu’en réponse à la question de la Cour du 20 novembre 2014, relative à la recevabilité de son recours, que la Commission a apporté quelques précisions concernant les positions 83 et 87 de l’annexe n° 3 de ladite loi. Toutefois, conformément à la jurisprudence de la Cour, selon laquelle l’État membre concerné doit avoir l’occasion de faire utilement valoir ses moyens de défense contre les griefs formulés par la Commission, il convient de ne tenir compte que des arguments présentés par la Commission dans sa requête ainsi que dans son mémoire en réplique (voir, par analogie, arrêt Commission/Luxembourg, C‑32/05, EU:C:2006:749, point 60). | 57. With regard to the particular situation of horses which, while not normally being intended for use in the preparation of foodstuffs, may nevertheless in some cases be supplied for consumption, it must be considered that, in the light of the EU legislature’s objective of making essential commodities cheaper for the final consumer, point 1 of Annex III must be interpreted as meaning that only the supply of a horse for slaughter in order to be used in the preparation of foodstuffs may be subject to a reduced rate of VAT. | 0 |
869,081 | 68. Since no other provision of that regulation allows Member States to derogate, in a situation such as that of Ms Stewart, from the principle, enshrined in the first subparagraph of Article 10(1) of that regulation, of waiving residence clauses, it follows that invalidity benefits are, as a rule, exportable to a Member State other than that in which the institution responsible for payment is situated (see, to that effect, Case C‑20/96 Snares [1997] ECR I‑6057, paragraph 40, and Petersen , paragraph 38). | 40 As is clear from paragraphs 28 and 33 of the present judgment, but for the specific system of coordination established by Regulation No 1247/92, a person in Mr Snares' position would have been able to rely on the principle of exportability of invalidity benefits laid down in Article 10(1) of Regulation No 1408/71 in order to retain entitlement to DLA. | 1 |
869,082 | 39. However, provided that the appellant challenges the interpretation or application of Community law by the Court of First Instance, the points of law examined at first instance may be discussed again in the course of an appeal. Indeed, if an appellant could not thus base his appeal on pleas in law and arguments already relied on before the Court of First Instance, an appeal would be deprived of part of its purpose (see, inter alia, Interporc v Commission , paragraph 17, and Commission v CAS Succhi di Frutta , paragraph 50). | 48 Secondly, the fact that a Member State claims that it has set itself more ambitious objectives than those pursued by a given directive does not relieve that Member State of its obligation to comply, at the very least, with the requirements laid down in that directive within the period allowed. | 0 |
869,083 | 23. As regards, secondly, the fact that an applicant may retain an interest in seeking the annulment of an act of a European Union institution in order to prevent its alleged unlawfulness recurring in the future, the General Court recalled, in paragraph 35 of the order under appeal, that such an interest in bringing proceedings, which follows from the first paragraph of Article 266 TFEU, can exist only if the alleged unlawfulness is liable to recur in the future independently of the circumstances of the case which gave rise to the action ( Wunenburger v Commission , paragraphs 51 and 52). In the case in point, however, according to the General Court, there was nothing in the file to suggest that that might happen. On the contrary, as Regulation No 1081/2011 was adopted in view of the specific position of Mr Ayadi and, apparently, of developments in the situation in Libya, the General Court considered that it did not appear likely that the alleged unlawfulness might recur in the future independently of the circumstances which had given rise to the action. | 14 ARTICLE 90 ( 1 ) PERMITS MEMBER STATES INTER ALIA TO GRANT SPECIAL OR EXCLUSIVE RIGHTS TO UNDERTAKINGS .
NOTHING IN THE TREATY PREVENTS MEMBER STATES, FOR CONSIDERATIONS OF PUBLIC INTEREST, OF A NON-ECONOMIC NATURE, FROM REMOVING RADIO AND TELEVISION TRANSMISSIONS, INCLUDING CABLE TRANSMISSIONS, FROM THE FIELD OF COMPETITION BY CONFERRING ON ONE OR MORE ESTABLISHMENTS AN EXCLUSIVE RIGHT TO CONDUCT THEM .
HOWEVER, FOR THE PERFORMANCE OF THEIR TASKS THESE ESTABLISHMENTS REMAIN SUBJECT TO THE PROHIBITIONS AGAINST DISCRIMINATION AND, TO THE EXTENT THAT THIS PERFORMANCE COMPRISES ACTIVITIES OF AN ECONOMIC NATURE, FALL UNDER THE PROVISIONS REFERRED TO IN ARTICLE 90 RELATING TO PUBLIC UNDERTAKINGS AND UNDERTAKINGS TO WHICH MEMBER STATES GRANT SPECIAL OR EXCLUSIVE RIGHTS .
THE INTERPRETATION OF ARTICLES 86 AND 90 TAKEN TOGETHER LEADS TO THE CONCLUSION THAT THE FACT THAT AN UNDERTAKING TO WHICH A MEMBER STATE GRANTS EXCLUSIVE RIGHTS HAS A MONOPOLY IS NOT AS SUCH INCOMPATIBLE WITH ARTICLE 86 .
IT IS THEREFORE THE SAME AS REGARDS AN XTENSION OF EXCLUSIVE RIGHTS FOLLOWING A NEW INTERVENTION BY THIS STATE . | 0 |
869,084 | 31
It is clear from the Court’s case-law that, in view of the objectives pursued by those directives, Articles 10 and 11 of Directive 69/335 and Article 5 of Directive 2008/7 must be interpreted broadly so as to ensure that the prohibitions laid down in those provisions are not denied practical effect (see, to that effect, judgments of 15 July 2004, Commission v Belgium, C‑415/02, EU:C:2004:450, paragraph 33; of 28 June 2007, Albert Reiss Beteiligungsgesellschaft, C‑466/03, EU:C:2007:385, paragraph 39; and of 1 October 2009, HSBC Holdings and Vidacos Nominees, C‑569/07, EU:C:2009:594, paragraph 34). | 35. In particular, the application of a limitation period does not altogether deprive a person, such as the applicant in the main proceedings, of the right to obtain an increment which, in breach of provisions of European Union law, had not been granted to him (see, by analogy, Case 309/85 Barra and Others [1988] ECR 355, paragraph 19, and Case C‑343/96 Dilexport [1999] ECR I‑579, paragraph 37). | 0 |
869,085 | 24. In the light of the objectives of proximity and predictability, the Court held that the rule set out in the first indent of Article 5(1)(b) of the regulation is also applicable where there are several places of delivery of goods within a single Member State, since one court must have jurisdiction to hear all the claims arising out of the contract ( Color Drack , paragraphs 36 and 38, and Rehder , paragraph 34). | 72. It should be noted that, as the Advocate General stated in point 73 of his Opinion, the duty to cooperate in good faith is, by its very nature, reciprocal. | 0 |
869,086 | 44. Il en est de même de l’argument de la République hellénique selon lequel le caractère général et obligatoire du régime de pension litigieux ne présenterait pas les caractéristiques d’un régime professionnel ou complémentaire. En effet, la circonstance qu’un régime particulier de pension, tel que celui prévu par le code, s’insère dans un cadre législatif général et harmonisé de régimes de pension ne suffit pas à exclure les prestations de pension fournies en vertu d’un tel régime du champ d’application de l’article 141 CE (voir, en ce sens, arrêt Niemi, précité, point 42). En outre, contrairement à ce que prétend cet État membre, l’applicabilité de cette disposition aux prestations de pension n’est nullement subordonnée à la condition qu’une pension soit une pension complémentaire par rapport à une prestation servie par un régime légal de sécurité sociale (arrêts précités Beune, point 37; Griesmar, point 37, et Niemi, point 42). | 57. Second, such measures restrict the ability of undertakings established in the Member States where they are in force to offer advertising space in their publications to advertisers established in other Member States, thereby affecting the cross-border supply of services (see, to this effect, Case C-405/98 Gourmet International Products [2001] ECR I-1795, paragraphs 38 and 39). | 0 |
869,087 | 37 In that regard it must be borne in mind that the right freely to provide services may be relied on by an undertaking as against the State in which it is established if the services are provided for persons established in another Member State (Case C-18/93 Corsica Ferries [1994] ECR I-1783, paragraph 30; Case C-379/92 Peralta [1994] ECR I-3453, paragraph 40; and Case C-384/93 Alpine Investments [1995] ECR I-1141, paragraph 30). | 71. Such legislation amounts to excluding the right to deduct VAT where the prerequisites for the existence of that right are not satisfied. | 0 |
869,088 | 49
EUIPO maintains that the Court of Justice has already held in its judgment of 19 June 2014, Karen Millen Fashions (C‑345/13, EU:C:2014:2013, paragraph 26) that, as regards the assessment of the individual character of a design referred to in Article 6 of Regulation No 6/2002, such a design may be compared with earlier individualised and defined designs, but not with an amalgam of specific features or parts of earlier designs. EUIPO claims that such an assessment would also be appropriate when examining the novelty of a design within the meaning of Article 5 of that regulation. | 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 |
869,089 | 44. As paragraphs 62 to 68 of the judgment in Case C‑275/06 Promusicae [2008] ECR I‑271 make clear, the protection of the fundamental right to property, which includes the rights linked to intellectual property, must be balanced against the protection of other fundamental rights. | 22 The contested French legislation undeniably operates a scheme of charges which in the case of transport services between a French port and a port in another Member State is less favourable than that applicable to transport services provided between French ports. | 0 |
869,090 | 81
That power may be exercised, on grounds of legal certainty, in particular where the annulment of a decision adopted by the Council, in the context of the procedure laid down in Article 218 TFEU for negotiating and concluding international agreements, is such as to call into question the participation of the European Union in the international agreement concerned or its implementation, even though there is no doubt as to the competence of the European Union for that purpose (see, with regard to decisions relating to the signature of international agreements, judgments of 22 October 2013, Commission v Council, C‑137/12, EU:C:2013:675, paragraphs 80 and 81; of 24 June 2014, Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 90; and of 28 April 2015, Commission v Council, C‑28/12, EU:C:2015:282, paragraphs 61 and 62). | 30
As regards the principle of equivalence, it should be recalled that observance of that principle requires that a national rule be applied without distinction to procedures based on EU law and those based on national law (see, to that effect, judgment of 28 January 2015, ÖBB Personenverkehr, C‑417/13, EU:C:2015:38, paragraph 74). | 0 |
869,091 | 35. It is true that nationals of a Member State cannot attempt, under cover of the rights created by the Treaty, improperly to circumvent their national legislation. They must not improperly or fraudulently take advantage of provisions of Community law (Case 115/78 Knoors [1979] ECR 399, paragraph 25; Case C-61/89 Bouchoucha [1990] ECR I-3551, paragraph 14; and Case C-212/97 Centros [1999] ECR I-1459, paragraph 24). | 16 The fundamental principle which underlies the VAT system, and which follows from Article 2 of the First and Sixth Directives, is that VAT applies to each transaction by way of production or distribution after deduction has been made of the VAT which has been levied directly on transactions relating to inputs. | 0 |
869,092 | 47. It must be noted, as a preliminary point, that it is settled case‑law that, while direct taxation falls within the competence of the Member States, they must none the less exercise that competence consistently with European Union law (see, inter alia, Schumacker , paragraph 21; Case C‑446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 29; and Case C‑540/07 Commission v Italy [2009] ECR I‑10983, paragraph 28). Tax rules of national law must therefore be adopted consistently with the freedoms guaranteed by the Treaties, in particular the freedom of movement for workers as conferred by Article 45 TFEU. | 18 It is not essential that the service the insurer has undertaken to provide in the event of loss consists in the payment of a sum of money, as that service may also take the form of the provision of assistance in cash or in kind of the types listed in the annex to Directive 73/239 as amended by Directive 84/641. There is no reason for the interpretation of the term `insurance' to differ according to whether it appears in the directive on insurance or in the Sixth Directive. | 0 |
869,093 | 36. In Kersbergen-Lap and Dams-Schipper (paragraph 43), the Court ruled that a person in the situation of the applicant in the main proceedings cannot rely on the maintenance of rights acquired under the AAW prior to adoption of the Wajong. The legal effects (whether or not the Wajong benefit may be exported) of taking up residence outside the Netherlands must consequently be examined in the light of the rules applicable at the time when the new residence was established, which is to say in the light of the new provisions. | 23 At paragraph 41 of that judgment the Court went on to declare that, although Article 41 of Directive 92/50 requires the Member States to adopt the measures necessary to ensure effective review in the field of public service contracts, it does not indicate which national bodies are to be the competent bodies for this purpose or whether these bodies are to be the same as those which the Member States have designated in the field of public works contracts and public supply contracts. | 0 |
869,094 | 35 First, it is settled case-law that a system of prior administrative authorisation cannot legitimise discretionary conduct on the part of the national authorities which is liable to negate the effectiveness of provisions of Community law, particularly those relating to the fundamental freedoms at issue in the main proceedings (Joined Cases C-358/93 and C-416/93 Bordessa and Others [1995] ECR I-361, paragraph 25; Case C-205/99 Analir and Others [2001] ECR I-1271, paragraph 37; Case C-157/99 Smits and Peerbooms [2001] ECR I-5473, paragraph 90). Therefore, if a prior administrative authorisation scheme is to be justified even though it derogates from such fundamental freedoms, it must, in any event, be based on objective, non-discriminatory criteria which are known in advance to the undertakings concerned, in such a way as to circumscribe the exercise of the national authorities' discretion, so that it is not used arbitrarily (Analir, paragraph 38). | 81. Ainsi, s’il s’avère que, au terme du calcul, le montant final de l’amende doit être réduit à concurrence du montant dépassant ladite limite supérieure, le fait que certains facteurs tels que la gravité et la durée de l’infraction ne se répercutent pas de façon effective sur le montant de l’amende infligée n’est qu’une simple conséquence de l’application de cette limite supérieure audit montant final (arrêt Dansk Rørindustri e.a./Commission, précité, point 279). | 0 |
869,095 | 42. For the purposes of classification under the appropriate heading, it is important, finally, to recall that the intended use of a product may constitute an objective criterion in relation to tariff classification if it is inherent in the product, and such inherent character must be capable of being assessed on the basis of the product's objective characteristics and properties (see Krings paragraph 30, Ikegami , paragraph 23, and Proxxon, paragraph 31). | 57. In the absence of such precision, it is important, however, that other elements, taken from the general context of the measure concerned, enable the underlying aim of that law to be identified for the purposes of judicial review of its legitimacy and whether the means put in place to achieve that aim are appropriate and necessary. | 0 |
869,096 | 23. Unlike the situations in Cadbury Schweppes and Cadbury Schweppes Overseas (paragraphs 31 and 32) and Test Claimants in the Thin Cap Group Litigation (paragraphs 28 to 33), the Austrian legislation in the present case is not intended to apply only to those shareholdings which enable the holder to have a definite influence on a company’s decisions and to determine its activities. | 32. Moreover, the order for reference shows that the cases selected as test cases in the proceedings before the national court involve United Kingdom-resident subsidiaries which are at least 75% owned, directly or indirectly, by a non-resident parent company or by another non‑resident company which is also at least 75% owned, directly or indirectly, by that parent company. | 1 |
869,097 | 45
According to the settled case-law of the Court, the concept of ‘objective grounds’ requires the unequal treatment found to exist to be justified by precise, specific factors, characterising the employment condition to which it relates, in the particular context in which it occurs and on the basis of objective, transparent criteria in order to ensure that that unequal treatment in fact meets a genuine need, is appropriate for achieving the objective pursued and is necessary for that purpose. Those factors may result, in particular, from the specific nature of the tasks for the performance of which fixed-term contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State (see, inter alia, judgments of 13 September 2007, Del Cerro Alonso, C‑307/05, EU:C:2007:509, paragraphs 53 and 58; of 22 December 2010, Gavieiro Gavieiro and Iglesias Torres, C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 55; of 8 September 2011, Rosado Santana, C‑177/10, EU:C:2011:557, paragraph 73, and of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 51). | 23 Although the contested decision takes the form of a single act, the First Board of Appeal of the OHIM in fact adopted two measures, one refusing to register BABY-DRY on the grounds laid down in Article 7(1)(b) and (c) of Regulation No 40/94, and the other dismissing the appellant's arguments based on Article 7(3) as inadmissible. | 0 |
869,098 | 67. First, it should be observed that the possibility of excluding particular anti-competitive conduct from the scope of Article 81(1) EC on the ground that it has been required of the undertakings in question by existing national legislation or that the legislation has precluded all scope for any competitive conduct on their part has been only partially accepted by the Court of Justice (see, by way of example, Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck v Commission [1980] ECR 3125, paragraphs 130 to 134; Case 41/83 Italy v Commission [1985] ECR 873, paragraph 19; and Joined Cases 240/82 to 242/82, 261/82, 262/82, 268/82 and 269/82 Stichting Sigarettenindustrie and Others v Commission [1985] ECR 3831, paragraphs 27 to 29). | 41. Second, when the default interest rate laid down in a term in a mortgage-loan contract is higher than that provided by the Second Transitional Provision of Law 1/2013 and must, in accordance with that provision, be subject to a limitation, such a fact must not preclude the national court from, above and beyond that measure of moderation, drawing all the inferences of possible unfairness — in the light of Directive 93/13 — of the term which contains that rate, if necessary by annulling it. | 0 |
869,099 | 33. In such circumstances, the question referred must be declared inadmissible to the extent that it seeks an interpretation of the EU competition rules (see, by analogy, inter alia, Duomo Gpa and Others , paragraph 24, and Joined Cases C‑162/12 and C‑163/12 Airport Shuttle Express and Others [2014] ECR, paragraphs 37 to 42). | 17 It therefore follows that subheading 0406 20, being more specific, is in principle to be preferred to subheading 0406 90. | 0 |
Subsets and Splits