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8,700 | 17 The Court further held, at paragraph 19, that, where charges for interest payable as consideration for the deferred payment agreed by the seller are a separate item on the invoice sent to the buyer, it must be considered that, where there is no objection on the part of the buyer, he has in effect agreed to the charges for interest relating to the deferred payment. That is also true where, as in the main proceedings, the charges for interest can be inferred from the difference between the prices for payment CAD and deferred payment respectively and those prices are specified in the agreement between the two parties relating to the sale, rather than on the invoice. | 65. Il y a lieu de rappeler que les juridictions de l’Union doivent, conformément aux compétences dont elles sont investies en vertu du traité, assurer un contrôle, en principe complet, de la légalité de l’ensemble des actes de l’Union au regard des droits fondamentaux faisant partie intégrante de l’ordre juridique de l’Union. Cette exigence est expressément consacrée à l’article 275, second alinéa, TFUE (voir arrêt du 18 juillet 2013, Commission e.a./Kadi, C‑584/10 P, C‑593/10 P et C‑595/10 P, ci-après l’«arrêt Kadi II», point 97). | 0 |
8,701 | 32. According to settled case-law, for the purposes of applying Article 82 EC, the relevant product or service market includes products or services which are substitutable or sufficiently interchangeable with the product or service in question, not only in terms of their objective characteristics, by virtue of which they are particularly suitable for satisfying the constant needs of consumers, but also in terms of the conditions of competition and the structure of supply and demand on the market in question (see, to that effect, Case 31/80 L’Oréal [1980] ECR 3775, paragraph 25; Case 322/81 Nederlandsche Banden Industrie Michelin v Commission [1983] ECR 3461, paragraph 37; and Case C‑62/86 AKZO v Commissio n [1991] ECR I‑3359, paragraph 51). | 51 In that regard, it is important to note that, as the Commission rightly pointed out, Article 22(1) of the Sixth Directive imposes only the obligation for taxable persons to state when their activity commences, changes or ceases, but in no way authorises Member States, in the event of such a declaration not being submitted, to defer the exercise of the right to deduct until the time at which taxable transactions actually begin to be carried out on a regular basis or to deprive the taxable person of the exercise of that right. | 0 |
8,702 | 61. In this regard, it is consistent case-law of the Court that the right given to Member States to choose among several possible means of achieving the result required by a directive does not preclude the possibility for individuals to enforce before the national courts rights the content of which can be determined with sufficient precision on the basis of the provisions of the directive alone (see, inter alia, Francovich and Others, paragraph 17, and Case C‑226/07 Flughafen Köln/Bonn [2008] ECR I-0000, paragraph 30). | 84. Il convient de rappeler que, selon une jurisprudence bien établie de la Cour, en l’absence de tout indice selon lequel la durée excessive de la procédure devant la Commission et le Tribunal aurait eu une incidence sur la solution du litige, le non-respect d’un délai raisonnable ne saurait conduire à l’annulation de la décision litigieuse ou de l’arrêt attaqué (voir, en ce sens, arrêts Technische Unie/Commission, C‑113/04 P, EU:C:2006:593, point 48, ainsi que Gascogne Sack Deutschland/Commission, C‑40/12 P, EU:C:2013:768, point 81). | 0 |
8,703 | 46. It is thus clear from case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 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 |
8,704 | 33. Unlike Article 5(1) of the directive, Article 5(2) does not require Member States to provide in their national law for the protection to which it refers, but merely permits them to provide such protection (Case C‑292/00 Davidoff [2003] ECR I‑389, paragraph 18). However, subject to verification by the referring court, the questions submitted by the Bundesgerichtshof (Germany) and examined by the Court in Davidoff seem to imply that the German legislature has implemented the provisions of Article 5(2) of the directive. | 25. It follows therefrom, firstly, that all the elements of the transaction at issue in the main proceedings appear to be necessary to its completion and, secondly, they are all closely linked. In those circumstances, it is not possible, without undue contrivance, to take the view that such a consumer will acquire, firstly, the fibre-optic cable and, subsequently, from the same supplier, the supply of services relating to the laying thereof (see, by analogy, Levob Verzekeringen and OV Bank , paragraph 24). | 0 |
8,705 | Or, dès lors que le caractère nécessaire du renseignement doit être apprécié par rapport au but mentionné dans la demande
de renseignements, ce but doit être indiqué avec suffisamment de précision, sans quoi il serait impossible de déterminer si
le renseignement est nécessaire et la Cour ne pourrait pas exercer son contrôle (voir, en ce sens, arrêt SEP/Commission, C‑36/92 P,
EU:C:1994:205, point 21). | 26. In accordance with the settled case-law of the Court, distinctiveness of a mark within the meaning of Article 7 of Regulation No 40/94 means that the mark serves to identify the goods in respect of which registration is applied for as originating from a particular undertaking, and thus to distinguish those goods from those of other undertakings (Case C‑311/11 P Smart Technologies v OHIM [2012] ECR I‑0000, paragraph 23 and the case-law cited). The essential function of the mark is to identify, in the eyes of consumers, the undertaking of origin of the goods (see, to that effect, Case C‑245/02 Anheuser-Busch [2004] ECR I‑10989, paragraph 59 and the case-law cited). | 0 |
8,706 | 8 For its part, the Belgian Government contends, with reference to the judgment of the Court in Joined Cases 27/86, 28/86 and 29/86 CEI and Others [1987] ECR 3347, that the Member States enjoy a margin of discretion in assessing the classification criteria to be satisfied by a contractor upon examination of an application for registration lodged by a dominant legal person of a group, even if the condition laid down by the Court is satisfied. | 29
In the present case, it is apparent, however, that the question whether Directive 2013/11 is applicable to the dispute in the main proceedings is inextricably linked to the answers to be given to the present request for a preliminary ruling. In those circumstances, the Court has jurisdiction to answer that request (see, by analogy, judgment of 7 March 2017, X and X, C‑638/16 PPU, EU:C:2017:173, paragraph 37 and the case-law cited). | 0 |
8,707 | 22. The deduction system is intended to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities. The common system of VAT consequently ensures complete neutrality of taxation of all economic activities, whatever the purpose or results of those activities, provided that they are themselves subject to VAT (see Case 268/83 Rompelman [1985] ECR 655, paragraph 19; Case C‑37/95 Ghent Coal Terminal [1998] ECR I‑1, paragraph 15; Gabalfrisa and Others , paragraph 44; Case C‑32/03 Fini H [2005] ECR I‑1599, paragraph 25; Centralan Property , paragraph 51; and Mahagében and Dávid , paragraph 39). | 40. In that regard, it should be borne in mind from the outset, first, that the question whether a transaction constitutes a public works contract for the purposes of EU legislation is one of EU law. The classification of the proposed contract as a ‘lease’, highlighted by Pizzarotti and the Italian Government, is not decisive in that regard (see, to that effect, the judgment in Commission v Germany , C‑536/07, EU:C:2009:664, paragraph 54 and the case-law cited). | 0 |
8,708 | 66. La Commission propose l’imposition tant d’une astreinte que d’une somme forfaitaire pour les mêmes raisons que celles exposées dans l’arrêt Commission/Italie (C‑496/09, EU:C:2011:740, points 42 à 45 et 82 à 92). | 53. In assessing this complaint, it must be pointed out that the concept of ‘diploma’, defined in Article 1(a) of Directive 89/48, constitutes the cornerstone of the general system for the recognition of higher education diplomas laid down by that directive. | 0 |
8,709 | 19. It must be recalled at the outset that the Sixth Directive confers a very wide scope of application on VAT, covering all economic activities of producers, traders and persons supplying services. However, Article 13 of that directive exempts from VAT certain activities of public interest (Article 13(A)) and other activities (Article 13(B)) (see Case C-253/07 Canterbury Hockey Club and Canterbury Ladies Hockey Club [2008] ECR I‑7821, paragraph 15, and Case C-473/08 Eulitz [2010] ECR I‑0000, point 24). | 26
The Court has held that, when no proof of use of the mark concerned is submitted within the time limit set by the Office, the opposition must automatically be rejected by it. However, when evidence is produced within the time limit set by the Office, the production of supplementary evidence remains possible (see, to that effect, judgment of 18 July 2013 in New Yorker SHK Jeans v OHIM, C‑621/11 P, EU:C:2013:484, paragraphs 28 and 30). | 0 |
8,710 | 51 Nevertheless, the mere creation of a dominant position by the granting of an exclusive right within the meaning of Article 90(1) is not as such incompatible with Article 86 of the Treaty. A Member State will contravene the prohibitions contained in those two provisions only if, in merely exercising the exclusive right granted to it, the undertaking in question cannot avoid abusing its dominant position (see the judgments in Case C-179/90 Merci Convenzionali Porto di Genova v Siderurgica Gabrielli [1991] ECR I-5889, paragraph 17, and in Case C-323/93 Société Civile Agricole du Centre d' Insémination de la Crespelle v Coopérative d' Élevage et d' Insémination Artificielle du Département de la Mayenne [1994] ECR I-5077, paragraph 18). | 40 That requirement means, in any event, that wine transported in bulk within the region retains entitlement to the denominación de origen calificada when it is bottled in authorised cellars. | 0 |
8,711 | 26. It is apparent from the Court’s case-law that the fact that the Commission did not take further action on a reasoned opinion immediately or shortly after its issue cannot create, on the part of the Member State concerned, a legitimate expectation that the procedure has been closed (see, inter alia, Case C‑317/92 Commission v Germany , paragraph 4). That is a fortiori the position where, as in the present case, it is not in dispute that efforts were made during the alleged period of inactivity, inter alia in the context of the Europe Agreement referred to in paragraph 10 of this judgment, to find a solution which would put an end to the alleged infringement. | 55 The system of penalties established by Article 9(2) to (4) of Regulation No 3887/92 for farmers whose forage area as actually determined is found to be more than 20% smaller than that declared in good faith in the `area' aid application is therefore commensurate with the objectives pursued and necessary in order to achieve them. Consequently, that provision is not contrary to the principle of proportionality, the importance of which is, moreover, noted in the ninth recital in the preamble to that regulation. | 0 |
8,712 | 74
That finding cannot be brought into question by the appellants’ arguments based on the judgment of 26 September 2013, EI du Pont de Nemours v Commission (C‑172/12 P, not published, EU:C:2013:601, paragraph 47), according to which, where two parent companies each have a 50% shareholding in the joint venture which committed an infringement of the rules of competition law, it is only for the purposes of establishing liability for participation in an infringement of that law and only in so far as the Commission has demonstrated, on the basis of factual evidence, that both parent companies did in fact exercise decisive influence over the joint venture, that those three entities can be considered to constitute a single economic unit and therefore form a single undertaking. | 47. Where two parent companies each have a 50% shareholding in the joint venture which committed an infringement of the rules of competition law, it is only for the purposes of establishing liability for participation in the infringement of that law and only in so far as the Commission has demonstrated, on the basis of factual evidence, that both parent companies did in fact exercise decisive influence over the joint venture, that those three entities can be considered to form a single economic unit and therefore form a single undertaking for the purposes of Article 81 EC. | 1 |
8,713 | 40. However, when giving a preliminary ruling the Court may, where appropriate, provide clarification designed to give the national court guidance in its interpretation (see, inter alia, Case C-79/01 Payroll and Others [2002] ECR I‑8923, paragraph 29, and Manfredi and Others , paragraph 48). | 49. The fact that that provision of the Geneva Convention, to which the first sentence of Article 12(1)(a) of Directive 2004/83 refers, simply excludes from the scope of the convention persons who ‘are at present receiving’ protection or assistance from such an organ or agency of the United Nations cannot be construed as meaning that mere absence or voluntary departure from UNRWA’s area of operations would be sufficient to end the exclusion from refugee status laid down in that provision. | 0 |
8,714 | 44. In this regard, it should be borne in mind that the interpretation which, in the exercise of the jurisdiction conferred on it by Article 267 TFEU, the Court gives to a rule of EU law clarifies and defines the meaning and scope of that rule as it must be or ought to have been understood and applied from the time of its entry into force and it is only quite exceptionally that the Court may, in application of the general principle of legal certainty inherent in the EU legal order, be moved to restrict for any person concerned the opportunity of relying on a provision which it has interpreted with a view to calling into question legal relationships established in good faith (see, inter alia, Joined Cases C-338/11 to C-347/11 Santander Asset Management SGIIC and Others [2012] ECR, paragraphs 58 and 59, and Case C-525/11 Mednis [2012] ECR, paragraphs 41 and 42). | 23 In the present case, it is clear from the wording of Article 3(1) and (2) and Article 5 of the Directive, read in conjunction with paragraphs A.1 and A.2 of Annex I, that the Member States are obliged to do the following:
identify as waters affected by pollution, or as waters which could be affected by pollution if action pursuant to Article 5 of the Directive is not taken, not only waters intended for human consumption but also all surface freshwaters and groundwaters which have or could have a nitrate concentration in excess of 50 milligrams per litre (Article 3(1));
by 20 December 1993 at the latest, designate as vulnerable zones all known areas of land in their territories which drain into the waters thus identified as affected by pollution in accordance with Article 3(1) (Article 3(2)); and
by 20 December 1995 at the latest, establish action programmes designed to reduce nitrate pollution of waters and improve water quality in the vulnerable zones designated under Article 3(2) of the Directive or to remedy those problems (Article 5). | 0 |
8,715 | 36. In the present case, since the Commission would, as is apparent from paragraph 22 above, have been entitled to seek a declaration that the French Republic had failed to fulfil its obligations under Article 228(1) EC because it had not, by the date on which the period prescribed in the reasoned opinion expired, made provision for exclusion of suppliers’ liability in any of the cases referred to in Article 3(3) of Directive 85/374, it cannot be criticised for seeking such a declaration with respect to one of those cases only, as a result of the adoption by that Member State of partial measures for compliance with the judgment in Case C‑52/00 Commission v France (see, by analogy, Case C‑174/91 Commission v Belgium [1993] ECR I‑2275, paragraphs 8 to 12). | 23. S’agissant de la libre prestation des services, il convient de constater que la LIS, même si l’interprétation de celle-ci défendue par le Royaume d’Espagne était retenue, soumet à un régime fiscal différent les dépenses afférentes à des activités de R & D‑IT réalisées par des sous-traitants selon qu’elles sont exécutées en Espagne ou à l’étranger. Une telle législation instaure donc une différence de traitement fondée sur le lieu d’exécution de la prestation de services et constitue une restriction au sens de l’article 49 CE (voir, en ce sens, arrêts du 28 octobre 1999, Vestergaard, C‑55/98, Rec. p. I‑7641, point 21, ainsi que Laboratoires Fournier, précité, points 15 et 16). | 0 |
8,716 | 40. It is to be recalled that, if the legislation under examination concerns a stake which gives its holder definite influence over the decisions of the company concerned and allows him to determine its activities, it is the provisions relating to freedom of establishment which are applicable (Case C-251/98 Baars [2000] ECR I-2787, paragraphs 21 and 22, and Case C-436/00 X and Y [2002] ECR I-10829, paragraphs 37 and 66 to 68). However, if that legislation is not intended to apply only to stakes which enable the holder to have a definite influence on a company’s decisions and to determine the company’s activities, it should be examined in relation to both Article 43 EC and Article 56 EC (see, to this effect, Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraphs 36 and 38, and Case C-157/05 Holböck [2007] ECR I‑4051, paragraphs 23 and 25). | 82. En effet, ladite limite supérieure vise à éviter que soient infligées des amendes dont il est prévisible que les entreprises, au vu de leur taille, telle que déterminée par leur chiffre d’affaires global, fût-ce de façon approximative et imparfaite, ne seront pas en mesure de s’acquitter (arrêt Dansk Rørindustri e.a./Commission, précité, point 280). | 0 |
8,717 | 64. If the Court decides to impose a penalty payment or lump sum payment, it must do so, in exercising its discretion, in a manner that is appropriate to the circumstances and proportionate both to the breach that has been established and the ability to pay of the Member State concerned (see Commission v Spain , paragraph 41 and the case‑law cited). More specifically, as regards the imposition of a lump sum payment, the relevant factors to be taken into account include, in particular, factors such as how long the breach of obligations has persisted since the judgment which initially established it was delivered and the public and private interests involved (see Case C‑304/02 Commission v France , paragraph 114). | 44. Consequently, it cannot be inferred from Article 6(1) of Directive 2000/78 that a lack of precision in the national legislation as regards the aims which may be considered legitimate under that provision automatically excludes the possibility that the legislation may be justified under that provision (see, to that effect, Palacios de la Villa , paragraph 56). | 0 |
8,718 | 72
As regards safeguarding the interests of the national economy, it is settled case-law that purely economic grounds, such as, in particular, promotion of the national economy or its proper functioning, cannot serve as justification for obstacles prohibited by the Treaty (see to that effect, in particular, judgments of 5 June 1997, SETTG , C‑398/95, EU:C:1997:282, paragraphs 22 and 23; of 6 June 2000, Verkooijen , C‑35/98, EU:C:2000:294, paragraphs 47 and 48; and of 4 June 2002, Commission v Portugal , C‑367/98, EU:C:2002:326, paragraph 52 and the case-law cited). | 35. Similarly, under Articles 1(3) of Directive 91/250, 3(1) of Directive 96/9 and 6 of Directive 2006/116, works such as computer programs, databases or photographs are protected by copyright only if they are original in the sense that they are their author’s own intellectual creation. | 0 |
8,719 | 27 The Court pointed out in Steenhorst-Neerings (paragraph 20) that in Emmott the applicant in the main proceedings had relied on the judgment of the Court in Case 286/85 McDermott and Cotter v Minister for Social Welfare and Attorney General [1987] ECR 1453 in order to claim entitlement by virtue of Article 4(1) of Directive 79/7, with effect from 23 December 1984, to invalidity benefits under the same conditions as those applicable to men in the same situation. The administrative authorities had then declined to adjudicate on her claim since Directive 79/7 was the subject of proceedings pending before a national court. Finally, even though Directive 79/7 had still not been correctly transposed into national law, it was claimed that the proceedings she had brought to obtain a ruling that her claim should have been accepted were out of time. | 14 THUS THE COMMISSION ENJOYS A SIGNIFICANT FREEDOM OF EVALUATION, WHICH MUST BE EXERCISED IN THE LIGHT OF THE OBJECTIVES OF THE ECONOMIC POLICY LAID DOWN BY REGULATION NO 1009/67 WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY .
WHEN EXAMINING THE LAWFULNESS OF THE EXERCISE OF SUCH FREEDOM, THE COURTS CANNOT SUBSTITUTE THEIR OWN EVALUATION OF THE MATTER FOR THAT OF THE COMPETENT AUTHORITY BUT MUST RESTRICT THEMSELVES TO EXAMINING WHETHER THE EVALUATION OF THE COMPETENT AUTHORITY CONTAINS A PATENT ERROR OR CONSTITUTES A MISUSE OF POWER . | 0 |
8,720 | 44 For the same reasons as those set out by the Court in paragraphs 42 to 46 of the judgment in Portugal v Council, the provisions of TRIPs, an annex to the WTO Agreement, are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law. | 26 A decision involving the transfer of an official against his will is a measure adversely affecting the official within the meaning of Article 25 of the Staff Regulations and must therefore state the grounds on which it is based . The Court has consistently held ( see in particular the judgment of 29 October 1981 in Case 125/80 Arning v Commission (( 1981 )) ECR 2539 ) a decision contains an adequate statement of grounds if the decision which is the subject-matter of the action was taken in circumstances known to the official concerned and enables him to be aware of the scope of the decision taken in his regard . | 0 |
8,721 | 49. The restrictive measures imposed by the national legislation should therefore be examined in turn in order to determine in each case in particular whether the measure is suitable for achieving the objective or objectives invoked by the Member State concerned and whether it does not go beyond what is necessary in order to achieve those objectives. In any case, those restrictions must be applied without discrimination (see to that effect Gebhard , paragraph 37, as well as Gambelli and Others , paragraphs 64 and 65, and Case C‑42/02 Lindman [2003] ECR I‑13519, paragraph 25).
The licensing requirement | 54. The sixth steel aid code, adopted under Article 95 CS, nevertheless authorises the grant of aid to the steel industry in cases exhaustively enumerated, and in accordance with prescribed procedures. Article 6(4) of that code provides, in particular, that planned measures may be put into effect only with the approval of the Commission. Article 6(6) expressly derogates from that rule by providing that those measures may be put into effect if the Commission has failed to initiate the procedure provided for in Article 6(5) or otherwise to make its position known within two months of receiving notification of a proposal, provided that the Member State has first informed the Commission of that intention. | 0 |
8,722 | 69. As regards, second, the European Union law at issue, it should be observed from the outset that Directive 2004/38 is based on Articles 12 EC, 18 EC, 40 EC, 44 EC and 52 EC. That directive, far from pursuing a purely economic objective, aims to facilitate the exercise of the primary and individual right to move and reside freely within the territory of the Member States that is conferred directly on Union citizens by the Treaty, and it aims in particular to strengthen that right (see Case C‑145/09 Tsakouridis [2010] ECR I‑0000, paragraph 23). | 7 On 18 December 1993, Greenpeace Spain, an environmental protection association responsible at the national level for the achievement at local level of the objectives of Stichting Greenpeace Council ("Greenpeace"), the first applicant, a nature conservancy foundation having its head office in the Netherlands, brought legal proceedings challenging the validity of the administrative authorisations issued to Unelco by the Canary Island Regional Ministry of Industry, Commerce and Consumption. | 0 |
8,723 | 21. In that respect, the Court has pointed out that Directive 85/374 seeks to achieve, in the matters regulated by it, complete harmonisation of the laws, regulations and administrative provisions of the Member States ( Skov and Bilka , paragraph 23 and the case-law cited). | 41. Consequently, in order to determine whether there was bad faith, consideration must also be given to the applicant’s intention at the time when he files the application for registration. | 0 |
8,724 | 28. In order to establish whether the principle of equivalence has been complied with in the case in the main proceedings, it is for the national court, which alone has direct knowledge of the procedural rules governing actions in the field of employment law, to consider both the purpose and the essential characteristics of allegedly similar domestic actions (see Levez , paragraphs 43; Preston and Others , paragraph 56; and Pontin , paragraph 45). | 29. En effet, la jurisprudence de la Cour portant sur la directive IPPC requiert non seulement qu’un système d’autorisation soit mis en place, mais également que les installations soient effectivement exploitées conformément aux exigences de cette directive. Notamment, dans l’affaire ayant donné lieu à l’arrêt Commission/Irlande (C‑158/12, EU:C:2013:234), l’Irlande a contesté le manquement, faisant valoir que seules quelques installations en dernière phase de la procédure d’autorisation n’avaient pas reçu une autorisation. Cependant, la Cour a constaté, au point 24 dudit arrêt, que l’Irlande avait manqué aux obligations lui incombant au titre de l’article 5, point 1, de la directive IPPC, étant donné que les mesures requises pour assurer la mise en conformité des installations concernées avec les dispositions visées à l’article 5 de cette directive, ainsi que le respect de cette dernière disposition, n’avaient pas été prises. | 0 |
8,725 | 207. It should be recalled first of all that, according to the case-law of the Court of Justice, although the Guidelines may not be regarded as rules of law which the administration is always bound to observe, they nevertheless form rules of practice from which the administration may not depart in an individual case without giving reasons that are compatible with the principle of equal treatment (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 209). | 37. Also, it must be borne in mind that Article 73b(1) of the Treaty gives effect to the free movement of capital between the Member States and between Member and non-member States. To that end, it provides, in the chapter of the Treaty entitled ‘Capital and payments’, that all restrictions on the movement of capital between Member States and between Member and non-member States are to be prohibited. | 0 |
8,726 | 117. In the light of the settled case‑law of the Court of Justice, pursuant to which an alleged distortion of the facts or evidence must be obvious from the documents on the Court’s file without there being any need to carry out a new assessment of the facts and the evidence (see Case C‑551/03 P General Motors v Commission [2006] ECR I‑3713, paragraph 54, and Case C‑362/05 P Wunenburger v Commission [2007] ECR I‑4333, paragraph 67), those circumstances are sufficient to reject that complaint.
The second ground of the cross‑appeal | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,727 | 41. In that regard, EU law requires only that the transposition into domestic law of the Habitats Directive, including that designation, actually ensure the full application of its provisions in a sufficiently clear and precise manner (see, to that effect, inter alia, Case C‑507/04 Commission v Austria EU:C:2007:427, paragraph 89). | 15 With regard, next, to the effects of the agreements or the clauses in the statutes, a combination of clauses such as those requiring exclusive supply and payment of excessive fees on withdrawal, tying the members to the association for long periods and thereby depriving them of the possibility of approaching competitors, could have the effect of restricting competition. | 0 |
8,728 | 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). | 20. À cet égard, il convient de rappeler que, selon une jurisprudence constante de la Cour, les questions relatives à l’interprétation du droit de l’Union, posées par le juge national dans le cadre réglementaire et factuel qu’il définit sous sa responsabilité, bénéficient d’une présomption de pertinence (voir arrêt du 30 mai 2013, X, C‑651/11, point 20 et jurisprudence citée). | 0 |
8,729 | 32. In that context, the Verwaltungsgerichtshof Baden-Württemberg decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling:
‘1. On Articles 2, 3 and 7 of [Directive 2004/38]:
(a) Does “family member” include, in particular in the light of Articles 7 and 24 of the [Charter of Fundamental Rights (“the Charter”)] and Article 8 of the [European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, “the ECHR”)], on an extended interpretation of Article 2(2)(d) of Directive 2004/38, a parent who is a third-country national, has parental responsibility for a child who is a Union citizen entitled to freedom of movement, and is not maintained by that child?
(b) If so, does Directive 2004/38 apply to that parent, in particular in the light of Articles 7 and 24 of the Charter and Article 8 of the ECHR, on an extended interpretation of Article 3(1) of the directive, even where there is no “accompanying” or “joining” with respect to the Member State of origin of the child who is a Union citizen and has moved away?
(c) If so, does it follow that that parent, in particular in the light of Articles 7 and 24 of the Charter and Article 8 of the ECHR, has a right of residence for more than three months in the Member State of origin of the child who is a Union citizen, on an extended interpretation of Article 7(2) of Directive 2004/38, at least as long as parental responsibility subsists and is actually exercised?
2. On Article 6(1) TEU in conjunction with the Charter:
(a) (i) Is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter simply where the subject‑matter of the dispute depends on a national law (or part of a law) which inter alia – but not only – transposed directives?
(ii) If not, is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter simply because the claimant is possibly entitled to a right of residence under Union law and could accordingly, under the first sentence of Paragraph 5(2) of the FreizügG/EU, claim a residence card for a family member of a Union citizen which has its legal basis in the first sentence of Article 10(1) of [Directive 2004/38]?
(iii) If not, is the Charter applicable pursuant to the second alternative of the first sentence of Article 51(1) of the Charter, in accordance with the case‑law deriving from Case C‑260/89 ERT [1991] ECR I‑2925, paragraphs 41 to 45, where a Member State restricts the right of residence of the father who is a third-country national with parental responsibility for a Union citizen who is a minor and resides predominantly with her mother in another Member State of the Union because of the mother’s employment?
(b) (i) If the Charter is applicable, can a right of residence under European Union law for the father who is a third-country national be derived directly from Article 24(3) of the Charter, at least as long as he has and actually exercises parental responsibility for his child who is a Union citizen, even if the child resides predominantly in another Member State of the Union?
(ii) If not, does it follow from the freedom of movement of the child who is a Union citizen under Article 45(1) of the Charter, possibly in conjunction with Article 24(3) of the Charter, that the father who is a third-country national has a right of residence under European Union law, at least as long as he has and actually exercises parental responsibility for his child who is a Union citizen, so that in particular the freedom of movement of the child who is a Union citizen is not deprived of all practical effect?
3. On Article 6(3) TEU in conjunction with the general principles of European Union law:
(a) Can the “unwritten” fundamental rights of the European Union developed in the Court’s case‑law from Case 29/69 Stauder [1969] ECR 419, paragraph 7, up to, for example, Case C‑144/04 Mangold [2005] ECR I‑9981, paragraph 75, be applied in full even if the Charter is not applicable in the specific case; in other words, do the fundamental rights which continue to apply as general principles of Union law under Article 6(3) TEU stand autonomously and independently alongside the new fundamental rights laid down in the Charter in accordance with Article 6(1) TEU?
(b) If so, can a right of residence under European Union law for the purpose of the effective exercise of parental responsibility be inferred from the general principles of Union law, in particular in the light of the right to respect for family life under Article 8 of the ECHR, for a father, who is a third-country national, of a Union citizen who is a minor and resides predominantly in another EU Member State with her mother on account of the latter’s occupation?
4. On Article 21(1) TFEU in conjunction with Article 8 of the ECHR:
If Article 6(1) or (3) TEU does not lead to a right of residence under European Union law for the claimant, can, in accordance with Case C‑200/02 Zhu and Chen [2004] ECR I‑9925, paragraphs 45 to 47, a right of residence under European Union law for the purpose of the effective exercise of parental responsibility be inferred, under Article 21(1) TFEU, possibly in the light of Article 8 of the ECHR, from the freedom of movement enjoyed by a Union citizen who is a minor and resides predominantly in another EU Member State with her mother on account of the latter’s occupation, for the father, who is a third-country national, in the Member State of origin of the child who is a Union citizen?
5. On Article 10 of [Directive 2004/38]:
If a right of residence under European Union law is taken to exist, is a parent who is a third-country national in the claimant’s situation entitled to the issue of a “residence card for a family member of a Union citizen”, possibly in accordance with the first sentence of Article 10(1) of the directive?’ | 23. More particularly, it should be noted that the exemption from which betting, lotteries and other forms of gambling benefit is based on practical considerations, gambling transactions not lending themselves easily to the application of VAT (Case C-86/99 Freemans [2001] ECR I-4167, paragraph 30) and not, as is the case with certain public interest services supplied in the social sector, on a desire to afford those activities more advantageous VAT treatment. | 0 |
8,730 | 24 Outokumpu observes, however, that according to the Court's case-law (see, in particular, Case 132/78 Denkavit Loire v France [1979] ECR 1923, paragraph 8), in order to form part of a general system of internal dues, the charge imposed on imported products must be imposed on domestic products and imported products at the same marketing stage and the chargeable event must be identical for both classes of products. | 32. In order to determine whether the services supplied constitute independent services or a single service it is necessary to examine the characteristic elements of the transaction concerned (judgment in BGŻ Leasing , C‑224/11, EU:C:2013:15, paragraph 32). | 0 |
8,731 | 27 The Court has consistently held that the equal treatment rule laid down in Article 48 of the Treaty and in Article 7 of Regulation No 1612/68 prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead in fact to the same result (see, inter alia, Case C-57/96 Meints [1997] ECR I-6689, paragraph 44). | 11 IN ORDER TO CLARIFY THE TERMS "RESIDENTS" AND "DOMESTIC" AND "FOREIGN" SECURITIES EMPLOYED IN THOSE PROVISIONS, REFERENCE SHOULD BE MADE, NOT TO NATIONAL LEGISLATION, BUT TO THE DEFINITIONS SET OUT IN THE "EXPLANATORY NOTES" ANNEXED TO THE DIRECTIVE, WHICH FORM AN INTEGRAL PART THEREOF . | 0 |
8,732 | 29. As a preliminary point, it should be borne in mind that the objective of Directive 92/85, which was adopted on the basis of Article 118a EC, to which Article 153 TFEU corresponds, is to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding (Case C‑460/06 Paquay [2007] ECR I‑8511, paragraph 27, and Case C‑232/09 Danosa [2010] ECR I‑11405, paragraph 58). | 52
On the one hand, the exclusion of one tenderer may lead to the other being awarded the contract directly in the same procedure. On the other, if all tenderers are excluded and a new public procurement procedure is launched, each of those tenderers may participate in the new procedure and thus obtain the contract indirectly (see judgment of 5 April 2016, PFE, C‑689/13, EU:C:2016:199, paragraph 27). | 0 |
8,733 | 38. By making the benefit of the advantage it confers on electricity importers subject to the prior conclusion of such an international agreement, a provision such as the first contested provision of national law sets in motion a process that could lead to such a conclusion actually being realised, which, as the Advocate General noted at points 83 to 85 of his Opinion, would be sufficient to affect the exclusive external competence of the Community, assuming it to have been established (see, to that effect, judgment in Commission v Greece , C‑45/07, EU:C:2009:81, paragraphs 21 to 23). | 24 This principle requires, in particular, that the jurisdictional rules which derogate from the basic principle of the Brussels Convention, such as Article 5(1), should be interpreted in such a way as to enable a normally well-informed defendant reasonably to foresee before which courts, other than those of the State in which he is domiciled, he may be sued (Case C-26/91 Handte v Traitements Mécano-chimiques des Surfaces [1992] ECR I-3967, paragraph 18). | 0 |
8,734 | 17 It is true that the general principle of Community law under which every person has a right to a fair trial, inspired by Article 6 of the ECHR (see, inter alia, Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraphs 20 and 21), comprises the right to a tribunal that is independent of the executive power in particular (on that point, see in particular the judgment of the European Court of Human Rights of 18 June 1971 in the case of De Wilde, Ooms and Versyp v Belgium, Series A, No 12, paragraph 78). However, it is not possible to deduce from that right, as the Court of First Instance did in paragraphs 47 to 51 of the contested judgment, that the court hearing a dispute is necessarily the only body empowered to grant access to the documents in the proceedings in question. Nor can such a general principle be deduced from the constitutional traditions common to the Member States. | 30
However, that interpretation cannot be inferred unequivocally from the wording of that provision. | 0 |
8,735 | 56. It must be observed at the outset that the factors relevant to the determination of whether there is a risk to public policy within the meaning of Article 7(4) of Directive 2008/115 are not materially the same as those which are relevant to the assessment of whether there is a risk of absconding within the meaning of that provision, the concept of ‘risk of absconding’ being distinct from that of ‘risk to public policy’ (as regards the concept of ‘risk of absconding’ within the meaning of that provision, see, in particular, judgment in Mahdi , C‑146/14 PPU, EU:C:2014:1320, paragraphs 65 to 74). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,736 | 51 In that regard, it is irrelevant whether the failure to fulfil obligations is the result of intention or negligence on the part of the Member State responsible, or of technical difficulties encountered by it. It is settled case-law that a Member State cannot rely on practical difficulties in order to justify its failure to adopt appropriate supervisory measures. On the contrary, it is for the Member States responsible for implementing Community regulations in the fishery products sector to overcome those difficulties by adopting appropriate measures (Case C-333/99 Commission v France, cited above, paragraphs 36 and 44). | 29. En premier lieu, il convient d’examiner si l’article en cause présente les caractéristiques et les propriétés objectives permettant son classement dans la position 7318 de la NC. | 0 |
8,737 | 39
In that regard, it should be recalled that it is settled case-law that all the provisions of the Treaty on freedom of movement for persons are intended to facilitate the pursuit by EU nationals of occupational activities of all kinds throughout the European Union, and preclude measures which might place such nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. In that context, nationals of the Member States have in particular the right, which they derive directly from the Treaty, to leave their State of origin to enter the territory of another Member State and reside there in order there to pursue an economic activity (see, in particular, judgments in Ritter-Coulais, C‑152/03, EU:C:2006:123, paragraph 33; Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 44; Casteels, C‑379/09, EU:C:2011:131, paragraph 21; and Las, C‑202/11, EU:C:2013:239, paragraph 19). | 31 It follows that national legislation prohibiting butchers, bakers and grocers from making sales on rounds in a particular administrative district, such as an Austrian Verwaltungsbezirk, if they do not also carry on business in a permanent establishment situated in that administrative district or in an adjacent municipality, where they also sell the goods offered for sale on rounds, is capable of impeding intra-Community trade. | 0 |
8,738 | 78. In accordance with the case‑law of the Court, the apprehension of internal difficulties cannot justify a failure by a Member State to comply with its obligations under Community law (see, inter alia, Case C‑404/97 Commission v Portugal [2000] ECR I‑4897, paragraph 52; Case C‑310/99 Italy v Commission , cited above, paragraph 105, and Case C‑404/00 Commission v Spain [2003] ECR I‑6695, paragraph 55). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
8,739 | 82
It is only inasmuch as the Court considers that the level of the penalty is not merely inappropriate, but also excessive to the point of being disproportionate, that it would have to find that the General Court erred in law, on account of the inappropriateness of the amount of a fine (see, inter alia, judgment of 30 May 2013 in Quinn Barlo and Others v Commission, C‑70/12 P, EU:C:2013:351, paragraph 57 and the case-law cited). | 28. It is clear from the order for reference that Catherine has both sickness insurance and sufficient resources, provided by her mother, for her not to become a burden on the social assistance system of the host Member State. | 0 |
8,740 | 32. The option of applying those results is justified by the very purpose of the Customs Code, which is, as stated in recital 5 in the preamble to that code, to ensure the correct application of the duties provided for therein, while guaranteeing, as is apparent from paragraph 23 of this judgment, rapid and efficient procedures in the interests of both traders and the customs authorities, by dispensing with a systematic examination of all declared goods, thus keeping to a minimum, as stated in recital 6 in the preamble to that code, customs formalities and controls (see, to that effect, Derudder , paragraphs 42 and 45). | 77. Or, selon une jurisprudence établie, un État membre ne saurait invoquer l’illégalité d’une décision comme moyen de défense à l’encontre d’un recours en manquement fondé sur l’inexécution de cette décision, exception faite de l’hypothèse où celle-ci doit être considérée comme inexistante (arrêt Commission/Italie, C-353/12, EU:C:2013:651, point 43 et jurisprudence citée). C’est dans le cadre d’une procédure distincte, à savoir celle d’un recours en annulation visé à l’article 263 TFUE, que toute contestation de la légalité d’un tel acte du droit de l’Union doit s’effectuer (arrêt Commission/Grèce, C-419/06, EU:C:2008:89, point 52). | 0 |
8,741 | 60. Quant à la justification fondée sur la protection de la santé et de la vie des personnes, il convient de rappeler qu’il appartient aux États membres, à défaut d’harmonisation et dans la mesure où des incertitudes subsistent en l’état actuel de la recherche scientifique, de décider du niveau auquel ils entendent assurer la protection de la santé et de la vie des personnes tout en tenant compte des exigences de la libre circulation des marchandises à l’intérieur de la Communauté (arrêts du 14 juillet 1983, Sandoz, 174/82, Rec. p. 2445, point 16; du 30 novembre 1983, van Bennekom, 227/82, Rec. p. 3883, point 37; Alfa Vita Vassilopoulos et Carrefour-Marinopoulos, précité, point 21, ainsi que du 15 novembre 2007, Commission/Allemagne, C‑319/05, non encore publié au Recueil, point 86). | 63
It follows from the foregoing that the conferral of implementing power on the Council was justified in the regulations predating Regulation No 267/2012, by the consistency required between the designations adopted in the framework of the Common Foreign and Security Policy and those adopted on the basis of the FEU Treaty. | 0 |
8,742 | 37. Furthermore, Article 5(4) of the Unfair Commercial Practices Directive defines two specific categories of unfair commercial practices, namely, ‘misleading practices’ and ‘aggressive practices’ corresponding to the criteria set out in Articles 6 and 7 and in Articles 8 and 9 of the directive, respectively ( VTB-VAB and Galatea , paragraph 55; Plus Warenhandelsgesellschaft , paragraph 44; and Mediaprint Zeitungs- und Zeitschriftenverlag , paragraph 33). | 52 Moreover, an obligation requiring a provider of services to pay employers' contributions to the host Member State's fund cannot be justified where those contributions confer no social advantage on the workers in question (Seco, paragraph 15). | 0 |
8,743 | 38. The Court has thus stated, first, that the fact that a substance or object undergoes one of the disposal or recovery operations listed, respectively, in Annexes II A and II B to the Directive does not, by itself, mean that a substance or object involved in such an operation is to be classified as waste (see, to that effect, inter alia, Niselli , paragraphs 36 and 37); and, secondly, that the concept of waste does not exclude substances and objects which are capable of economic re-use (see, to that effect, inter alia, Joined Cases C‑304/94, C‑330/94, C‑342/94 and C‑224/95 Tombesi and Others [1997] ECR I‑3561, paragraphs 47 and 48). The system of supervision and control established by the Directive is intended to cover all objects and substances discarded by their owners, even if they have a commercial value and are collected on a commercial basis for recycling, recovery or re-use (see, inter alia, Case C‑9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, ‘ Palin Granit’ , paragraph 29). | 83. As regards whether the obligation to contract as it is in force in the Italian Republic goes beyond what is necessary to achieve the objective of social protection for victims of road traffic accidents, it must be borne in mind, first of all, that it is not essential, with regard to the proportionality criterion, that a restrictive measure laid down by the authorities of a Member State should correspond to a view shared by all the Member States concerning the means of protecting the legitimate interest at issue. | 0 |
8,744 | 22. As is clear from settled case‑law, the terms used to specify the exemptions in Article 13 of the Sixth Directive are to be interpreted strictly. Nevertheless, the interpretation of those terms must be consistent with the objectives underlying the exemptions and must comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Accordingly, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 must be construed in such a way as to deprive the exemptions of their intended effects (see inter alia, to that effect, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18 and the case‑law cited; Case C‑461/08 Don Bosco Onroerend Goed [2009] ECR I‑11079, paragraph 25 and the case‑law cited; and Case C‑262/08 CopyGene ECR [2010] ECR I‑5053, paragraph 26). | 20. À titre liminaire, il convient de relever qu’une taxe prélevée par un État membre lors de l’immatriculation de véhicules automobiles sur son territoire en vue d’une mise en circulation constitue une imposition intérieure et doit donc être examinée au regard de l’article 110 TFUE (voir, en ce sens, arrêt du 7 avril 2011, Tatu, C‑402/09, Rec. p. I‑2711, point 32 et jurisprudence citée). | 0 |
8,745 | 46. In contrast, the holding, even a minority holding, of a private undertaking in the capital of a company in which the contracting authority in question also has a holding too means that, on any view, it is impossible for that contracting authority to exercise over that company control similar to that which it exercises over its own departments (see, to that effect, Stadt Halle and RPL Lochau , paragraph 49, and Coditel Brabant , paragraph 30). | 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 |
8,746 | 34. However, the Court also acknowledged that, in matters relating to maritime transport contracts, a jurisdiction clause incorporated in a bill of lading may be relied on against a third party to that contract if that clause has been adjudged valid between the carrier and the shipper and provided that, by virtue of the relevant national law, the third party, on acquiring the bill of lading, succeeded to the shipper’s rights and obligations (see Case 71/83 Russ [1984] ECR 2417, paragraph 24; Castelletti , paragraph 41; and Case C-387/98 Coreck [2000] ECR I-9337, paragraphs 23 to 27). | 34. A provision such as Paragraph 50(1) of the HBG affects employment and working conditions, within the meaning of Article 3(1)(c) of Directive 2000/78, by preventing the prosecutors concerned from continuing to work beyond the age of 65. Furthermore, by ensuring that they are treated less favourably than persons who have not reached that age, Paragraph 50(1) of the HBG introduces a difference of treatment directly based on age for the purposes of Article 2(1) of Directive 2000/78. | 0 |
8,747 | 26. However, where a national measure affects both the freedom to provide services and the free movement of goods, the Court will, in principle, examine it in relation to just one of those two fundamental freedoms if it is clear that, in the circumstances of the case, one of those freedoms is entirely secondary in relation to the other and may be attached to it (see, to that effect, Schindler , paragraph 22; Canal Satélite Digital , paragraph 31; Case C-71/02 Karner [2004] ECR I-0000, paragraph 46). | 36 Although the occurrence of those two events referred to in Article 2(1) of the Directive is a condition precedent for the guarantee provided for in the Directive to come into play, nevertheless it cannot serve to identify the outstanding claims which are subject to the guarantee. That question is governed by Articles 3 and 4 of the Directive, which necessarily refer to a single date prior to which the reference periods specified in those articles must run. | 0 |
8,748 | 46. According to settled case-law, a purely literal interpretation of one or more language versions of a multilingual text of European Union law, to the exclusion of the others, cannot, however, prevail since the uniform application of European Union rules requires that they be interpreted, inter alia, in the light of the versions drawn up in all the languages (see, to that effect, Jany and Others , C‑268/99, EU:C:2001:616, paragraph 47 and the case-law cited, and Commission v Spain , C‑189/11, EU:C:2013:587, paragraph 56 and the case-law cited). Where there is divergence between the language versions of a European Union text, the provision in question must be interpreted by reference to the general scheme and purpose of the rules of which it forms part (see, to that effect, ZVK , C‑300/05, EU:C:2006:735, paragraph 16 and the case-law cited; Haasová , C‑22/12, EU:C:2013:692, paragraph 48; and Drozdovs , C‑277/12, EU:C:2013:685, paragraph 39). | 15 HOWEVER, THE FACT THAT AN AGREEMENT MERELY AUTHORIZES THE CONCESSIONAIRE TO EXPLOIT SUCH A NATIONAL RULE OR DOES NOT PROHIBIT HIM FROM DOING SO, DOES NOT SUFFICE, IN ITSELF, TO RENDER THE AGREEMENT NULL AND VOID . | 0 |
8,749 | 88. A prohibition on marketing processing aids or foodstuffs in which processing aids have been used which have been lawfully manufactured and/or marketed in other Member States must therefore be based on an in-depth assessment of the risk alleged by the Member State invoking Article 30 EC (see, to that effect, Commission v Denmark , paragraph 47; Case C‑24/00 Commission v France , paragraph 54; and Case C‑41/02 Commission v Netherlands [2004] ECR I-11375, paragraph 48). | 46. En effet, la décision-cadre s’applique également aux sanctions pécuniaires infligées par des autorités administratives. Par conséquent, ainsi que le souligne à juste titre le gouvernement néerlandais, il peut être exigé, selon les particularités des systèmes juridictionnels des États membres, qu’une phase administrative préalable ait lieu. Toutefois, l’accès à une juridiction compétente notamment en matière pénale, au sens de la décision-cadre, ne doit pas être soumis à des conditions qui le rendent impossible ou excessivement difficile (voir, par analogie, arrêt du 28 juillet 2011, Samba Diouf, C‑69/10, Rec. p. I‑7151, point 57). | 0 |
8,750 | 122. In that regard, it should be observed that considerations such as those set out by the Court of First Instance at paragraphs 56 to 64 of the judgment in HFB and Others v Commission , which seek to establish the existence of an economic unit, are based on a series of findings of fact which are not amenable to discussion on appeal, unless the relevant facts or evidence adduced before the Court of First Instance have been distorted or the material inaccuracy of the findings of the Court of First Instance is apparent from the documents placed on the case-file (see, to that effect, in particular, Metsä-Serla and Others v Commission , paragraph 37, and Mag Instrument v OHIM , paragraphs 39 and 76). | 19 A CET EGARD, IL Y A LIEU D' OBSERVER QUE, AFIN D' ASSURER UNE PROTECTION COMPLETE ET EFFICACE DES OISEAUX SUR LE TERRITOIRE DE TOUS LES ETATS MEMBRES, IL EST INDISPENSABLE QUE LES INTERDICTIONS POSEES PAR LA DIRECTIVE SOIENT EXPRESSEMENT PREVUES DANS LES LEGISLATIONS NATIONALES . OR, LA REGLEMENTATION FRANCAISE NE CONTIENT PAS D' INTERDICTION RELATIVE A LA DETENTION DES OISEAUX PROTEGES, PERMETTANT AINSI LA DETENTION D' OISEAUX CAPTURES OU OBTENUS DE MANIERE ILLICITE, NOTAMMENT LORSQU' ILS L' ONT ETE EN DEHORS DU TERRITOIRE FRANCAIS . EN OUTRE, IL CONVIENT DE CONSTATER QUE, COMME LE GOUVERNEMENT FRANCAIS L' A ADMIS, LA LISTE DES OISEAUX DONT LA DETENTION EST PERMISE EN VERTU DE LA REGLEMENTATION FRANCAISE NE CORRESPOND PAS AU NOMBRE RESTREINT D' ESPECES D' OISEAUX QUI SONT SUSCEPTIBLES D' ETRE DETENUS CONFORMEMENT A L' ANNEXE III DE LA DIRECTIVE . | 0 |
8,751 | 24. According to the Court’s settled case-law, in the context of the cooperation between the Court and the national courts provided for in Article 267 TFEU, 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 by the national court concern the interpretation of European Union law, the Court of Justice is, in principle, bound to give a ruling (see, inter alia, Case C-415/93 Bosman [1995] ECR I-4921, paragraph 59; Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; and Case C‑241/09 Fluxys [2010] ECR I‑12773, paragraph 28). | 28. The German Government states that the Commission has not indicated the dosage above which a distinction could be made between a food supplement and a medicinal product and that cer tain Member States have adopted stricter recommendations than those of the German Food Association. It contends that it may not be inferred from scientific knowledge that the triple amount rule is wrong from the dietary or health point of view. | 0 |
8,752 | 50 As far as those reasons are concerned, the Spanish Government refers to the specific nature of the product and the need to protect the good reputation attaching to the Rioja denominación de origen calificada by preserving, by means of the requirement at issue, the quality and guarantee of the origin of Rioja wine. That requirement is therefore justified by virtue of the protection of industrial and commercial property with which Article 36 of the Treaty is concerned. | 43
In so far as that recital refers to the means likely reasonably to be used by both the controller and by ‘any other person’, its wording suggests that, for information to be treated as ‘personal data’ within the meaning of Article 2(a) of that directive, it is not required that all the information enabling the identification of the data subject must be in the hands of one person. | 0 |
8,753 | 35. It follows that, in the factual and legislative context which the national court is responsible for defining and the accuracy of which is not a matter for the Court to determine, the questions submitted by the national court enjoy a presumption of relevance (See Case C-355/97 Beck and Bergdorf [1999] ECR I-4977, paragraphs 22 to 24, and Salzmann , paragraph 31). | 33. À cet égard, conformément à l’article 5 du règlement nº 469/2009, un CCP délivré en lien avec un produit confère, à l’expiration du brevet de base, les mêmes droits que ceux qui étaient conférés par ce brevet de base à l’égard de ce produit, dans les limites de la protection conférée par ledit brevet telles qu’énoncées à l’article 4 de ce règlement. Partant, si le titulaire de ce même brevet pouvait, pendant la période de validité de celui-ci, s’opposer, sur le fondement de son brevet, à l’utilisation ou à certaines utilisations de son produit sous la forme d’un médicament consistant en un tel produit ou contenant celui-ci, le CCP délivré à l’égard de ce même produit lui conférera les mêmes droits pour toute utilisation du produit, en tant que médicament, qui a été autorisée avant l’expiration dudit certificat (voir arrêts précités Medeva, point 39, et Georgetown University e.a., point 32, ainsi que ordonnances précitées University of Queensland et CSL, point 34, et Daiichi Sankyo, point 29). | 0 |
8,754 | 29. First, the Court notes that the manner in which images are transmitted is not a determining factor in that assessment, as evidenced by the use in Article 1(a) of Directive 89/552 of the terms ‘by wire or over the air, including that by satellite, in unencoded or encoded form’. The Court has thus held that transmission by cable comes within the scope of that directive, even though cable distribution was not very widespread at the time when Directive 89/552 was adopted (see Case C‑11/95 Commission v Belgium [1996] ECR I-4115, paragraphs 15 to 25). | 25 Consequently, the fact that cable distribution was not very widespread at the time when Directive 89/552 was adopted cannot be relied on in support of an argument that this activity is excluded from the scope of that directive.
The scope of the 1987 decree | 1 |
8,755 | 33. It follows from paragraphs 46 and 47 of the judgment in Klarenberg (C‑466/07, EU:C:2009:85) that what is relevant for the purpose of finding that the identity of the transferred entity has been preserved is not the retention of the specific organisation imposed by the employer on the various elements of production which are transferred, but rather the retention of the functional link of interdependence and complementarity between those elements. | 37
As regards the Explanatory Notes to the HS, it should be added that, although they do not have legally binding force, they are an important means of ensuring the uniform application of the Common Customs Tariff and, as such, may be regarded as useful aids to its interpretation (judgment of 17 March 2016, Sonos Europe, C‑84/15, EU:C:2016:184, paragraph 33 and the case-law cited). | 0 |
8,756 | 51. Clearly, therefore, Article 221(1) of the Customs Code provides that ‘[a]s soon as it has been entered in the accounts, the amount of duty shall be communicated to the debtor’. The communication allows persons liable for customs debts to have full knowledge of their rights (see, to that effect, judgment in Molenbergnatie , C‑201/04, EU:C:2006:136, paragraph 53). By communicating the amount of the duty payable, the customs authorities thus communicate their decision concerning the tariff classification stated by the debtor in its customs declaration. In addition, that communication enables the debtor, as necessary, to defend his rights (see, to that effect, judgment in Direct Parcel Distribution Belgium , C‑264/08, EU:C:2010:43, paragraph 29). | 36. It is clear that such an outcome cannot be compatible with the fundamental objectives pursued by Regulation No 469/2009 by the creation of a SPC for medicinal products. | 0 |
8,757 | 22 Accordingly, at paragraph 26 of its judgment in Cornée and Others, cited above, the Court held that the implementation of a milk production development plan which had been approved by the competent national authorities did not confer on the producer concerned the right to produce the quantity of milk corresponding to the plan' s objective without being subject to any restrictions stemming from Community rules adopted after the plan was approved. Consequently, producers with a development plan, even one approved prior to the entry into force of the levy scheme, could not rely on any alleged legitimate expectation based on the implementation of their plan in order to oppose any reductions in such reference quantities (paragraph 27). That ruling was confirmed and amplified by the judgment in Spronk, cited above, in which the Court stated, at paragraph 29, that the carrying out of investments, even as part of a development plan, did not entitle the producer concerned to entertain any legitimate expectation based on the making of those investments in order to claim a special reference quantity allocated precisely on account of the investments. | 14
With respect to Article 13A(1)(n) of the Sixth Directive, it should be recalled that the exemption laid down in that provision refers to ‘certain cultural services’. The provision does not therefore specify which cultural services the Member States are required to exempt. It does not set out an exhaustive list of cultural services to be exempted, or lay down an obligation of the Member States to exempt all cultural services, but refers only to ‘certain’ of those services. Consequently, the provision leaves it to the Member States to determine the cultural services that are to benefit from the exemption. | 0 |
8,758 | 45. It is to be noted that, while Community law does not require national courts to raise of their own motion a plea alleging infringement of Community provisions where examination of that plea would oblige them to go beyond the ambit of the dispute as defined by the parties, they are obliged to raise of their own motion points of law based on binding Community rules where, under national law, they must or may do so in relation to a binding rule of national law (see, to this effect, Joined Cases C-430/93 and C-431/93 van Schijndel and van Veen [1995] ECR I‑4705, paragraphs 13, 14 and 22, and Case C-72/95 Kraaijeveld and Others [1996] ECR I‑5403, paragraphs 57, 58 and 60). | 67. The more immediately and strongly the earlier mark is brought to mind by the later mark, the greater the likelihood that the current or future use of the later mark is taking unfair advantage of, or is detrimental to, the distinctive character or the repute of the earlier mark. | 0 |
8,759 | 21
According to Article 2 of Directive 2006/112 concerning taxable transactions, together with the importation of goods, the intra-Community acquisition of goods, the supply of goods and the supply of services effected for consideration within the territory of the country by a taxable person are subject to VAT. Furthermore, under Article 9 of that directive, ‘taxable person’ means any person who independently carries out an economic activity, whatever the purpose or results of that activity (see, inter alia, judgments of 26 March 1987 in Commission v Netherlands, 235/85, EU:C:1987:161, paragraph 6; 16 September 2008 in Isle of Wight Council and Others, C‑288/07, EU:C:2008:505, paragraphs 26 and 27; and 29 October 2009 in Commission v Finland, C‑246/08, EU:C:2009:671, paragraph 35). | 50. Ainsi, si certains moyens, tels que ceux se rapportant aux formes substantielles, peuvent être relevés d’office, ou doivent l’être, un moyen portant sur la légalité au fond d’une décision, qui est tiré de la violation des traités ou de toute règle de droit relative à l’application de ceux‑ci, au sens de l’article 263 TFUE, ne peut, en revanche, être examiné par le juge de l’Union que s’il est invoqué par le requérant (voir, en ce sens, arrêts Commission/Sytraval et Brink’s France, C‑367/95 P, EU:C:1998:154, point 67; VBA/Florimex e.a., C‑265/97 P, EU:C:2000:170, point 114, ainsi que Commission/Irlande e.a., C‑89/08 P, EU:C:2009:742, point 40). | 0 |
8,760 | 32. It follows that, in order to achieve those aims, Article 21 must be interpreted broadly so as to cover, in principle, all situations of lis pendens before courts in Contracting States, irrespective of the parties’ domicile (Case C-351/89 Overseas Union Insurance and Others [1991] ECR I-3317, paragraph 16, and Gasser , cited above, paragraph 41). | 51. It remains necessary to ascertain whether the measure is necessary and proportionate in relation to the objective of protecting human health. | 0 |
8,761 | 71
As regards the need for a restriction on the freedom to provide services such as that at issue in the main proceedings, account must be taken of the fact that the health and life of humans rank foremost among the assets and interests protected by the Treaty and that it is, in principle, for the Member States to determine the level of protection which they wish to afford to public health and the way in which that level is to be achieved. Since the level may vary from one Member State to another, Member States should be allowed a measure of discretion (see, to that effect, judgments of 2 December 2010, Ker-Optika, C‑108/09, EU:C:2010:725, paragraph 58, and of 12 November 2015, Visnapuu, C‑198/14, EU:C:2015:751, paragraph 118). | 73. Consequently, that legislation constitutes a restriction of the free movement of capital, which is prohibited in principle by Article 56(1) EC.
– Justification of the restriction of the free movement of capital | 0 |
8,762 | 36. It follows from the foregoing and from the reasoning set out in paragraphs 25 to 30 of this judgment that the interpretation of Article 48(2) of the Treaty adopted by the Court in Bosman and referred to in paragraphs 31 and 32 of the present judgment may be transposed to the first indent of Article 38(1) of the Association Agreement with Slovakia. | 26. The principle of equivalence requires that the national rule in question be applied without distinction, whether the infringement alleged is of European Union law or national law, where the purpose and cause of action a re similar (Case C-326/96 Levez [1998] ECR I-7835, paragraph 41; Case C‑78/98 Preston and Others [2000] ECR I‑3201, paragraph 55; and Case C‑63/08 Pontin [2009] ECR I‑0000, paragraph 45). | 0 |
8,763 | 53
The same applies in cases in which, although the facts of the main proceedings are outside the direct scope of EU law, the provisions of EU law have been made applicable by national legislation, which, in dealing with situations confined in all respects within a single Member State, follows the same approach as that provided for by EU law (see, to that effect, judgments of 18 October 1990, Dzodzi, C‑297/88 and C‑197/89, EU:C:1990:360, paragraphs 36, 37 and 41; of 17 July 1997, Leur-Bloem, C‑28/95, EU:C:1997:369, paragraphs 27 and 32; and of 14 March 2013, Allianz Hungária Biztositó and Others, C‑32/11, EU:C:2013:160, paragraph 20). | 39. À cet égard, la Cour a précisé que, si le prix effectivement payé ou à payer pour les marchandises forme, en règle générale, la base de calcul de la valeur en douane (voir, en ce sens, arrêt Sommer, précité, point 22), ce prix est une donnée qui doit éventuellement faire l’objet d’ajustements lorsque cette opération est nécessaire pour éviter de déterminer une valeur en douane arbitraire ou fictive (arrêt du 19 mars 2009, Mitsui & Co. Deutschland, C‑256/07, Rec. p. I‑1951, point 24). | 0 |
8,764 | 52. Although it is true that the first line of Article 13 of the Law of 30 March 1995 provides that an operator is, in order to guarantee plurality and cultural diversity, to transmit, simultaneously and in their entirety, the television programmes of certain broadcasters falling under the powers of the Belgian Communities. Moreover, as the Court has held, the Law of 30 March 1995 thus pursues a cultural general interest objective which is, moreover, suitable for securing the attainment of the aim pursued ( United Pan-Europe Communications Belgium and Others , paragraphs 42 and 43). | 35 The principle of equal treatment is indeed one of the fundamental principles of Community law. That principle requires that similar situations are not to be treated differently unless differentiation is objectively justified (Joined Cases 201/85 and 202/85 Klensch and Others v Secrétaire d'État à l'Agriculture et à la Viticulture [1986] ECR 3477, paragraph 9). | 0 |
8,765 | 59 The need for different treatment, in appropriate cases, of various classes of the agricultural community is acknowledged in Article 39(2) of the EC Treaty, which provides that `in working out the common agricultural policy ... account shall be taken of: (a) the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions' (Case 139/77 Denkavit Futtermittel v Finanzamt Warendorf [1978] ECR 1317, point 15). | 27. Par ailleurs, les affaires au principal se distinguent de celle ayant donné lieu à l’arrêt Sbarigia, précité, dans laquelle il était question d’une décision sur l’octroi éventuel à une pharmacie particulière d’une dispense de respecter les heures d’ouverture et, par conséquent, dans laquelle rien n’indiquait en quoi une telle décision était susceptible d’affecter des opérateurs économiques provenant d’autres États membres. | 0 |
8,766 | 41. Such legislation would have the effect of deterring taxpayers resident in Italy from attending university courses at establishments established in another Member State. Furthermore, it would also hinder the offering of education by private educational establishments established in other Member States to taxpayers resident in Italy (see, to that effect, Schwarz and Gootjes-Schwarz , paragraph 66, and Case C‑318/05 Commission v Germany [2007] ECR I-6957, paragraph 40). | 67. By so doing, the General Court put forward its own assessment of complex economic circumstances and thus substituted its own assessment for that of the Commission, thereby encroaching on the discretion enjoyed by the Commission instead of reviewing the lawfulness of its assessment. | 0 |
8,767 | 78. As regards, in the first place, the arguments relating to errors in the analysis of French law, it must be borne in mind that, according to settled case-law, where the General Court has determined or assessed the facts, the Court of Justice has sole jurisdiction under Article 256 TFEU to review their legal characterisation and the legal conclusions which were drawn from them. The appraisal of the facts does not therefore constitute, save where the clear sense of the evidence produced before the General Court is distorted, a question of law which is subject, as such, to review by the Court of Justice (see, inter alia, Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraphs 51 and 52, and Case C‑352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I‑2359, paragraphs 179 and 180). | 41 AT THE SAME TIME , CONSIDERATION MUST BE GIVEN TO THE QUESTION WHETHER , AS THE DEFENDANT MAINTAINS , THE APPLICANT IS NOT , ON ACCOUNT OF HIS CONDUCT , PARTIALLY RESPONSIBLE FOR THE DAMAGE SUFFERED .
| 0 |
8,768 | 27. In that regard, it should be borne in mind that the Court has held that the system put in place by Directive 2003/109 clearly makes the acquisition of the status of long-term resident conferred by that directive subject to a specific procedure and, in addition, to fulfilment of all the conditions set out in Chapter II of that directive (judgment in Kamberaj , C‑571/10, EU:C:2012:233, paragraph 66). | 41. According to settled case-law, it is for the Commission to provide the Court, in the course of these proceedings, with the information necessary to determine the extent to which a Member State has complied with a judgment declaring it to be in breach of its obligations (Case C‑387/97 Commission v Greece [2000] ECR I‑5047, paragraph 73). Moreover, where the Commission has adduced sufficient evidence to show that the breach of obligations has persisted, it is for the Member State concerned to challenge in substance and in detail the information produced and its consequences (Case C‑304/02 Commission v France , paragraph 56). | 0 |
8,769 | 184. It is clear from case-law that any less favourable treatment of foreign‑sourced dividends in comparison with nationally-sourced dividends must be regarded as a restriction on the free movement of capital in so far as it is liable to make the acquisition of holdings in companies established in other Member States less attractive ( Verkooijen , paragraph 35, Lenz , paragraph 21, and Manninen , paragraph 23). | 44 It follows from all of the foregoing considerations that point (a) of the first subparagraph of Article 11(1) of Regulation No 3665/87 cannot be said to be of a criminal nature. It follows that the principle `nulla poena sine culpa' is not applicable to this penalty. | 0 |
8,770 | 16. In accordance with a consistent line of decisions, where a Commission decision requiring the cessation of State aid incompatible with the common market has not been the subject of a direct action or where such an action has been dismissed, the only defence available to a Member State in opposing an infringement action by the Commission under Article 88(2) EC is to plead that it was absolutely impossible for it to implement the decision properly (Case C-348/93 Commission v Italy [1995] ECR I-673, paragraph 16; Case C-261/99 Commission v France [2001] ECR I-2537, paragraph 23; Case C-499/99 Commission v Spain [2002] ECR I-6031, paragraph 21; and Case C-404/00 Commission v Spain , cited above, paragraph 45). | 24. Par ailleurs, la Cour a jugé que l’objectif de la directive 85/337 ne saurait être détourné par le fractionnement d’un projet et que l’absence de prise en considération de l’effet cumulatif de plusieurs projets ne doit pas avoir pour résultat pratique de les soustraire dans leur totalité à l’obligation d’évaluation alors que, pris ensemble, ils sont susceptibles d’avoir des «incidences notables sur l’environnement», au sens de l’article 2, paragraphe 1, de la directive 85/337 (voir, en ce sens, arrêts précités Ecologistas en Acción-CODA, point 44, et Umweltanwalt von Kärnten, point 53). | 0 |
8,771 | 55. In that regard, according to settled case-law, the prohibition on discrimination is not concerned with any disparities in treatment which may result, between the Member States, from divergences existing between the legislation of the various Member States so long as that legislation affects equally all persons subject to it (see, to that effect, Joined Cases 185/78 to 204/78 Van Dam and Others [1979] ECR 2345, paragraph 10; Case C-177/94 Perfilli [1996] ECR I‑161, paragraph 17; and Case C-403/03 Schempp [2005] ECR I-6421, paragraph 34). | 36
Therefore, unlike the element characterising the right to repayment of overpaid VAT, the right to deduct VAT, which is a right inherent in the VAT scheme established by the common system of VAT, is based on the existence of a tax that is due. | 0 |
8,772 | 79. Finally, it may be seen from the contested decision that, despite the contacts between the German Government and the appellants on the one side and the Commission on the other revealing persistent differences of opinion as to whether that provision was applicable, no specific argument was put forward during the administrative procedure (see Case C-156/98 Germany v Commission , paragraphs 104 to 108). | 32. It is also necessary to ascertain, according to the actual wording of that provision, whether the means used to achieve those aims are ‘appropriate and necessary’. In the present case it must be examined whether Article 2a(3) of the Law on salaried employees enables the attainment of the employment policy objectives pursued by the legislature without unduly prejudicing the legitimate interests of workers who, as a result of that provision, find themselves deprived of the severance allowance on the ground that they are entitled to an old‑age pension to which the employer has contributed (see, to that effect, Case C‑411/05 Palacios de la Villa [2007] ECR I‑8531, paragraph 73). | 0 |
8,773 | 25
Under the second paragraph of Article 252 TFEU, it is the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice, require his involvement. The Court is not bound either by the Advocate General’s Opinion or by the reasoning on which it is based (judgment of 3 December 2015, Banif Plus Bank, C‑312/14, EU:C:2015:794, paragraph 33). | 21. Since the Montreal Convention does not contain any definition of the term ‘damage’, it must be emphasised at the outset that, in the light of the aim of that convention, which is to unify the rules for international carriage by air, that term must be given a uniform and autonomous interpretation, notwithstanding the different meanings given to that concept in the domestic laws of the States Parties to that convention. | 0 |
8,774 | 62. It follows that in a situation such as that referred to by the national court in its second question, where a body of materials consists of several separate modules, it is necessary, in order to assess whether an extraction and/or re-utilisation allegedly made from one of the modules covered a substantial part, evaluated quantitatively, of the contents of a database, to determine first whether that module itself constitutes a database within the meaning of Directive 96/9 (see, in that regard, Case C-444/02 Fixtures Marketing [2004] ECR I-10549, paragraphs 19 to 32) and, in addition, fulfils the criteria laid down in Article 7(1) of the Directive for protection by the sui generis right. | 47 THIS EXTENSION IS ON THE OTHER HAND NOT POSSIBLE WHEN, WITHIN THE FRAMEWORK OF AN INDEPENDENT PROFESSION, THE ACTIVITIES CONNECTED WITH THE EXERCISE OF OFFICIAL AUTHORITY ARE SEPARABLE FROM THE PROFESSIONAL ACTIVITY IN QUESTION TAKEN AS A WHOLE . | 0 |
8,775 | 29. S’agissant de l’existence d’un intérêt transfrontalier certain, celle-ci peut résulter, notamment, de l’importance économique de la convention dont la conclusion est projetée, du lieu de son exécution (voir, en ce sens, arrêt ASM Brescia, précité, point 62 et jurisprudence citée) ou encore de caractéristiques techniques (voir, par analogie, arrêt du 15 mai 2008, SECAP et Santorso, C‑147/06 et C‑148/06, Rec. p. I‑3565, point 24). | 66IN GENERAL A DOMINANT POSITION DERIVES FROM A COMBINATION OF SEVERAL FACTORS WHICH , TAKEN SEPARATELY , ARE NOT NECESSARILY DETERMINATIVE .
| 0 |
8,776 | 22. According to settled case-law, the entitlement of every worker to paid annual leave must be regarded as a particularly important principle of Community social law from which there can be no derogations and whose implementation by the competent national authorities must be confined within the limits expressly laid down by Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) itself (see Case C‑173/99 BECTU [2001] ECR I‑4881, paragraph 43; Case C‑342/01 Merino Gómez [2004] ECR I‑2605, paragraph 29; and Joined Cases C‑131/04 and C‑257/04 Robinson-Steele and Others [2006] ECR I‑2531, paragraph 48). | 25 In so far as the grant of the winter fuel payment to any of the categories of persons referred to is always subject to the materialisation of the risk of old age, that payment must be deemed to protect directly and effectively against that risk. | 0 |
8,777 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 74. Whether a national measure such as that at issue in the main proceedings falls within one or the other of those two categories of technical regulation depends on the scope of the prohibition laid down by that measure. | 0 |
8,778 | 47. In that context, whoever requests such a transfer must first establish that it is necessary. If it is demonstrated to be necessary, it is then for the institution concerned to determine that there is no reason to assume that that transfer might prejudice the legitimate interests of the data subject. If there is no such reason, the transfer requested must be made, whereas, if there is such a reason, the institution concerned must weigh the various competing interests in order to decide on the request for access (see, to that effect, the judgments in Commission v Bavarian Lager , C‑28/08 P, EU:C:2010:378, paragraphs 77 and 78, and Strack v Commission , C‑127/13 P, EU:C:2014:2250, paragraphs 107 and 108; see also, to the same effect, the judgment in Volker und Markus Schecke and Eifert , C‑92/09 and C‑93/09, EU:C:2010:662, paragraph 85). | 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 |
8,779 | 89. As regards the first part of the third ground of appeal, it is settled case‑law of the Court of Justice that the General Court is not required to address exhaustively and one by one all the arguments put forward by the parties to the case. Consequently, the reasoning may be implicit on condition that it enables the persons concerned to know why the General Court has not upheld their arguments and provides the Court of Justice with sufficient material for it to exercise its power of review. In particular, the General Court is not required to respond to the arguments of a party which are not sufficiently clear and precise, in that they have not been expanded upon or accompanied by a specific line of argument intended to support them (see, to that effect, Joined Cases C‑120/06 P and C‑121/06 P FIAMM and Others v Council and Commission [2008] ECR I‑6513, paragraphs 91 and 96, and Case C‑263/09 P Edwin v OHIM [2011] ECR I‑0000, paragraph 64). | 30. Les juridictions nationales doivent garantir aux justiciables que toutes les conséquences d’une violation de l’article 108, paragraphe 3, dernière phrase, TFUE en seront tirées, conformément à leur droit national, en ce qui concerne tant la validité des actes d’exécution que le recouvrement des soutiens financiers accordés au mépris de cette disposition ou d’éventuelles mesures provisoires (arrêts précités FNCE, point 12, ainsi que SFEI e.a., point 40). | 0 |
8,780 | 61
Nonetheless, it must be noted that, as the Advocate General also made clear in point 52 of her Opinion, Article 1(2) of Directive 90/435 is a provision of principle, the content of which is explained in detail in other provisions of that directive, inter alia in Article 4(2), in that it seeks in particular to counteract abuse by parent companies resulting from a double tax deduction (see, by analogy, judgment of 17 October 1996, Denkavit and Others, C‑283/94, C‑291/94 and C‑292/94, EU:C:1996:387, paragraph 31). | 65. Thus, when requesting information, the Commission may not compel an undertaking to provide it with answers which might involve an admission on its part of the existence of an infringement which it is incumbent upon the Commission to prove (see Orkem v Commission , cited above, paragraph 35). | 0 |
8,781 | 52. In that regard, materials such as those at issue in the main proceedings are not reused definitely and without prior processing as an integral part of the same process of production or use, but are substances or objects whose holders discarded them. According to Mr Niselli’s evidence, the contentious materials were then sorted, and sometimes treated, and they constitute a secondary raw material to be used in steelmaking. In such a context, they must however continue to be classified as ‘waste’ until they have actually been recycled into steel products, that is to say, until the constitution of the finished products derived from the reprocessing for which they are intended. In the earlier phases, they cannot yet be regarded as recycled, since the reprocessing has not been concluded. Conversely, subject to the case where the products obtained are in their turn abandoned, the point at which the materials in question cease to be classified as ‘waste’ cannot be fixed at an industrial or commercial stage subsequent to their reprocessing into steel products, because, from that point, they can hardly be distinguished from other steel products made from primary raw materials (see, for the particular case of recycled packaging waste, Case C‑444/00 Mayer Parry Recycling [2003] ECR I‑6163, paragraphs 61 to 75). | 22. In the other situation envisaged in Article 5(1)(b) of that directive, where the third party uses a sign which is identical with the trade mark in relation to goods or services which are identical with or similar to those for which the trade mark is registered, the proprietor of the trade mark can oppose the use of that sign only where there is a likelihood of confusion ( Google France and Google , paragraph 78 and the case-law cited). | 0 |
8,782 | 28 When they are based on Article 88(1) EC, those guidelines constitute one element of the regular and periodic cooperation under which the Commission, in conjunction with the Member States, must keep under constant review existing systems of aid and propose to them any appropriate measures required by the progressive development or by the functioning of the common market (Case C-311/94 IJssel-Vliet [1996] ECR I-5023, paragraphs 36 and 37, and Case C-288/96 Germany v Commission [2000] ECR I-8237, paragraphs 62 to 65). In so far as these proposals for appropriate measures are accepted by a Member State, they are binding on that Member State (IJssel-Vliet, cited above, paragraphs 42 and 43). | 47. While the Regulation does not provide a definition of the term ‘centre of a debtor’s main interests’, guidance as to the scope of that term is, nevertheless, as the Court stated at paragraph 32 of Eurofood IFSC , to be found in recital 13 in the preamble to the Regulation, which states that ‘the “centre of main interests” should correspond to the place where the debtor conducts the administration of his interests on a regular basis and [which] is therefore ascertainable by third parties’. | 0 |
8,783 | 70. It is true that the Court’s case-law provides that in proceedings under Article 258 TFEU for failure to fulfil obligations it is for the Commission to prove the allegation that the obligation has not been fulfilled. It is therefore the Commission’s responsibility to place before the Court the information needed to enable the Court to establish that the obligation has not been fulfilled, and in so doing the Commission may not rely on any presumptions (see, inter alia, Case C-494/01 Commission v Ireland [2005] ECR I-3331, paragraph 41; Commission v Portugal , paragraph 32; Case C-335/07 Commission v Finland [2009] ECR I-9459, paragraph 46; and the judgment of 10 December 2009 in Case C-390/07 Commission v United Kingdom , paragraph 43). | 27 That interpretation is consistent with the scheme for financing the common agricultural policy, according to which the Community grants production aid in the context of a division of powers with the Member States. The sums corresponding to the aid are placed at the disposal of the Member States who must ensure that they are properly managed and, in particular, determine the conditions for payment of the aid to the beneficiaries by their intervention agencies or authorities. | 0 |
8,784 | 28. However, the Court has also accepted that a non-resident taxpayer, whether employed or self-employed, who receives all or almost all of his income in the State where he works is objectively in the same situation so far as concerns income tax as a resident of that State who does the same work there. Both are taxed in that State alone and their taxable income is the same (Case C-80/94 Wielockx [1995] ECR I-2493, paragraph 20). | 44. In the context of that cooperation, it is for the national court seised of the dispute, which alone has direct knowledge of the facts giving rise to the dispute and 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 concern the interpretation of Community law, the Court of Justice is, in principle, bound to give a ruling (see to that effect, inter alia, Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 59; Case C‑379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C‑153/00 Der Weduwe [2002] ECR I‑11319, paragraph 31; Case C‑318/00 Bacardi-Martini and Cellier des Dauphins [2003] ECR I‑905, paragraph 41; and Schmidberger , paragraph 31). | 0 |
8,785 | 38
It should be borne in mind that the concept of fair compensation is not defined by reference to national law, and it must thus be regarded as an autonomous concept of EU law and interpreted uniformly throughout the territory of the European Union (see, to that effect, judgments of 21 October 2010 in Padawan, C‑467/08, EU:C:2010:620, paragraphs 31 to 33 and 37, and 12 November 2015 in Hewlett-Packard Belgium, C‑572/13, EU:C:2015:750, paragraph 35). | 35. À titre liminaire, il convient de rappeler que, en devenant partie à la convention d’Aarhus, l’Union européenne s’est engagée à assurer, dans le champ d’application du droit de l’Union, un accès de principe aux informations sur l’environnement détenues par les autorités publiques ou pour le compte de celles-ci (voir, en ce sens, arrêts du 22 décembre 2010, Ville de Lyon, C‑524/09, Rec. p. I‑14115, point 36, et du 14 février 2012, Flachglas Torgau, C‑204/09, point 30). | 0 |
8,786 | 31
It is established case-law that procedural rules are generally held to apply from the date on which they enter into force (judgments of 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 75 and the case-law cited; of 29 March 2011, ThyssenKrupp Nirosta v Commission, C‑352/09 P, EU:C:2011:191, paragraph 88; and of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 45), even in a procedure that was initiated before that date, but is still pending after that date (see, to that effect, judgment of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 47). | 18 THE COURT HAS STATED IN A NUMBER OF DECISIONS THAT THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT , AND NOT ON WHETHER THE NATIONAL LEGISLATION DESCRIBES THE BENEFIT AS A SOCIAL SECURITY BENEFIT OR NOT .
| 0 |
8,787 | 76. As regards hospital services, such as those provided to Ms Van Riet in Deurne hospital, the Court, in paragraphs 76 to 80 of the judgment in Smits and Peerbooms , made the following findings. | 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 |
8,788 | 44 The same applies where the possibility for addressees not to give effect to the Community measure is purely theoretical and their intention to act in conformity with it is not in doubt (see to that effect Case 62/70 Bock v Commission [1971] ECR 897, paragraphs 6 to 8, Case 11/82 Piraiki-Patraiki and Others v Commission [1985] ECR 207, paragraphs 8 to 10, and Joined Cases C-68/94 and C-30/95 France and Others v Commission [1998] ECR I-0000, paragraph 51). | 47. In that regard, the first paragraph of Article 110 TFEU is infringed where the tax charged on the imported product and that charged on the similar domestic product are calculated in a different manner on the basis of different criteria which lead, if only in certain cases, to higher taxation being imposed on the imported product (see, to that effect, judgments in Bobie Getränkevertrieb , 127/75, EU:C:1976:95, paragraph 3, and Stadtgemeinde Frohnleiten and Gemeindebetriebe Frohnleiten , C‑221/06, EU:C:2007:657, paragraph 49 and the case-law cited). | 0 |
8,789 | 23. However, in exercising that power, the Member States must comply with Community law, in particular the provisions of the Treaty on the free movement of goods (see Case C‑120/95 Decker [1998] ECR I‑1831, paragraphs 23 to 25). Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of that freedom in the healthcare sector (see, in relation to the freedom to provide services, Watts , paragraph 92). | 13. À cet égard, il y a lieu de rappeler, en premier lieu, que, selon une jurisprudence constante, dans le cadre d’une procédure en manquement au titre de l’article 258 TFUE, il incombe à la Commission d’établir l’existence du manquement allégué. C’est elle qui doit apporter à la Cour les éléments de fait nécessaires à la vérification, par celle-ci, de l’existence de ce manquement, sans pouvoir se fonder sur une présomption quelconque (voir, notamment, arrêt du 17 juin 2010, Commission/Portugal, C‑105/08, Rec. p. I‑5331, point 26 et jurisprudence citée). | 0 |
8,790 | 72. Furthermore, since Article 36 of the Treaty provides for an exception, to be interpreted strictly, to the rule of free movement of goods within the Community, it is for the national authorities which invoke it to show in each case, in the light of national nutritional habits and in the light of the results of international scientific research, that their rules are necessary to give effective protection to the interests referred to in that provision and, in particular, that the marketing of the products in question poses a real risk to public health ( Sandoz , paragraph 22; Van Bennekom , paragraph 40; Commission v Denmark , paragraph 46; and Commission v France , paragraph 53, all cited above). | 27. It is settled case-law that the scope of European Union regulations must not be extended to cover abuses on the part of a trader (see, to that effect, Case C‑279/05 Vonk Dairy Products [2007] ECR I‑239, paragraph 31). | 0 |
8,791 | 80 However, that cannot lead to other operators being retrospectively exonerated from the royalties in question. Persons liable to pay an obligatory contribution cannot rely on the argument that the exemption enjoyed by other persons constitutes State aid in order to avoid payment of that contribution (see, to that effect, the judgments in Case C-437/97 EKW and Wein & Co. [2000] ECR I-1157, paragraphs 51 to 53, and Case C-36/99 Idéal Tourisme v Belgian State [2000] ECR I-6049, paragraphs 26 to 29). Therefore, even in particular circumstances such as those referred to in paragraphs 77 to 79 of this judgment, in view of the classification of the measure in question as aid, claims such as those made by Banks in the main proceedings cannot be accepted. That is, however, without prejudice to any actions which British Coal's former competitors might bring, if the conditions were met, for compensation for any damage caused to them by the competitive advantage enjoyed by British Coal and the State companies which succeeded it.
Article 4(b) of the ECSC Treaty, in so far as it concerns discrimination between producers | 14 First, it is settled case-law that whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State at the end of the period laid down in the reasoned opinion, and that the Court cannot take account of any subsequent changes (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26). | 0 |
8,792 | 43. Second, the Court has already held that a law such as the BerlBesÜG appears suited to achieving the aim pursued, that is to say, to ensure the preservation of acquired rights (judgment in Specht and Others , C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraphs 65 to 68). It went on to state that the national legislature did not go beyond what was necessary to achieve the aim pursued by adopting the transitional derogation measures put in place by the BerlBesÜG (judgment in Specht and Others , C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraphs 69 to 85). | 10 Il convient de relever que, ni au cours de la procédure devant la Cour ni auparavant, le gouvernement italien n' a fait état de mesures de conservation spéciale qu' il aurait adoptées au niveau national pour les espèces énumérées à cette annexe . D' ailleurs, il n' a nullement prétendu que le territoire italien n' abritait aucune des espèces visées . Par conséquent, il aurait dû, pour les espèces présentes, définir des zones de protection spéciale et adopter des mesures de conservation spéciale . | 0 |
8,793 | 39. The Court has thus excluded from the definition of services within the meaning of Article 50 EC courses offered by certain establishments forming part of a system of public education and financed, entirely or mainly, by public funds (see, to that effect, Humbel and Edel , paragraphs 17 and 18, and Wirth , paragraphs 15 to 16). The Court thus held that, by establishing and maintaining such a system of public education, financed as a general rule by the public budget and not by pupils or their parents, the State did not intend to involve itself in remunerated activities, but was carrying out its task in the social, cultural and educational fields towards its population. | 45. A residence condition, such as that required by that legislation, is more easily satisfied by Belgian nationals, who more often than not reside in Belgium, than by nationals of other Member States, whose residence is generally in a Member State other than Belgium (see, by analogy, Case C-337/97 Meeusen [1999] ECR I-3289, paragraphs 23 and 24, and Hartmann , paragraph 31). | 0 |
8,794 | 41. It should also be observed that, according to the fundamental principle which underlies the common system of VAT and which follows from Article 2 of First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ, English Special Edition 1967(I), p. 14) and Article 2 of the Sixth Directive, VAT applies to each transaction by way of production or distribution after deduction of the VAT borne directly by the various cost components (see, inter alia, judgments in Midland Bank , C‑98/98, EU:C:2000:300, paragraph 29, and Zita Modes , C‑497/01, EU:C:2003:644, paragraph 37). | 37. As for the purpose of the Sixth Directive, it should be borne in mind that, on the one hand, according to the fundamental principle which underlies the common VAT system and which follows from Article 2 of First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ, English Special Edition 1967, p. 14), and from the Sixth Directive, VAT applies to each transaction by way of production or distribution after deduction of the VAT directly borne by the various cost components (Case C-98/98 Midland Bank [2000] ECR I-4177, paragraph 29, and Abbey National , cited above, paragraph 27). | 1 |
8,795 | 20. Since the provisions of that convention have been an integral part of the EU legal order from the date on which the convention entered into force, the Court has jurisdiction to give a preliminary ruling concerning its interpretation, in accordance with the rules of interpretation of general international law, which are binding on the European Union (see, to that effect, Case C‑386/08 Brita [2010] ECR I‑1289, paragraphs 39 to 42, and Case C‑63/09 Walz [2010] ECR I‑4239, paragraphs 20 and 22 and the case‑law cited). | 40. The international law of treaties was consolidated, essentially, in the Vienna Convention. Under Article 1 thereof, the Vienna Convention applies to treaties between States. However, under Article 3(b) of the Vienna Convention, the fact that the Vienna Convention does not apply to international agreements concluded between States and other subjects of international law is not to affect the application to them of any of the rules set forth in that convention to which they would be subject under international law independently of the convention. | 1 |
8,796 | 60
As regards, third, the review as to whether the inclusion of Mr Akhras on the lists of persons and entities subject to restrictive measures was well founded, that must be carried out by assessing whether his situation constitutes sufficient proof that he provided economic support for the Syrian regime or benefited from it. Such an appraisal must be carried out by examining the evidence not in isolation but in the context in which it fits (see, to that effect, the judgments in Anbouba v Council, C‑630/13 P, EU:C:2015:247, paragraph 51, and Anbouba v Council, C‑605/13 P, EU:C:2015:248, paragraph 50). | 13 The concept of "agreement conferring jurisdiction" is decisive for the assignment, in derogation from the general rules on jurisdiction, of exclusive jurisdiction to the court of the Contracting State designated by the parties. Having regard to the objectives and general scheme of the Brussels Convention, and in order to ensure as far as possible the equality and uniformity of the rights and obligations arising out of the Convention for the Contracting States and persons concerned, therefore, it is important that the concept of "agreement conferring jurisdiction" should not be interpreted simply as referring to the national law of one or other of the States concerned. | 0 |
8,797 | 23. A difference in treatment between resident companies according to the place of establishment of the company which, as director, has granted them a loan constitutes an obstacle to the freedom of establishment if it makes it less attractive for companies established in other Member States to exercise that freedom and they may, in consequence, refrain from managing a company in the Member State which enacts that measure, or even refrain from acquiring, creating or maintaining a subsidiary in that Member State (see, to that effect, Lankhorst-Hohorst , paragraph 32; Test Claimants in the Thin Cap Group Litigation , paragraph 61; and Case C‑231/05 Oy AA [2007] ECR I‑0000, paragraph 39). | 41. En tenant compte de l’effet utile des directives 89/665 et 92/13, la Cour a précisé qu’un délai raisonnable doit s’écouler entre le moment où la décision d’attribution du marché est notifiée aux soumissionnaires évincés et la conclusion du contrat, afin de permettre à ces derniers, notamment, d’introduire une demande de mesures provisoires jusqu’à ladite conclusion (arrêts Commission/Autriche, précité, point 23, et du 3 avril 2008, Commission/Espagne, C‑444/06, Rec. p. I-2045, point 39). | 0 |
8,798 | 22
Such a plea of inadmissibility must be rejected. Even if the question raised is materially identical to a question which has already been the subject of a preliminary ruling in a similar case, that fact in no way prohibits a national court from referring a question to the Court for a preliminary ruling and does not result in the inadmissibility of the question raised (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, paragraphs 13 and 15; 2 April 2009, Pedro IV Servicios, C‑260/07, EU:C:2009:215, paragraph 31, and 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13 to C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 49). | 31. Under that rule, in carrying out the tariff classification of goods it is necessary to identify, from among the materials of which they are composed, the one which gives them their essential character. This may be done by determining whether the goods would retain their characteristic properties if one or other of their constituents were removed from them ( Turbon International , paragraph 21). | 0 |
8,799 | 55. It is settled case-law that any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect within the meaning of Articles 23 EC and 25 EC, even though such pecuniary charge is not levied for the benefit of the State (see, in particular, Joined Cases 2/69 and 3/69 Sociaal Fonds voor de Diamantarbeiders [1969] ECR 211, paragraph 18; Case 158/82 Commission v Denmark [1983] ECR 3573, paragraph 18; Case C‑130/93 Lamaire [1994] ECR I‑3215, paragraph 13; Joined Cases C‑441/98 and C‑442/98 Michaïlidis [2000] ECR I‑7145, paragraph 15, and Case C-234/99 Nygård [2002] ECR I‑3657, paragraph 19). | 13 As the Court has recognized on many occasions (see Joined Cases 2/69 and 3/69 Diamantarbeiders v Brachfeld [1969] ECR 211; Case 46/76 Bauhuis v Netherlands [1977] ECR 5; Case 132/78 Denkavit v France [1979] ECR 1923; Case 18/87 Commission v Germany [1988] ECR 5427 and Case 340/87 Commission v Italy [1989] ECR 1483), the concept of charges having equivalent effect to customs duties on imports and exports encompasses any pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on domestic or foreign goods by reason of the fact that they cross a frontier. | 1 |
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