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9,100 | 34. In that regard, it should be recalled that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling. The presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (judgment in FOA , C‑354/13, EU:C:2014:2463, paragraph 45 and the case-law cited). | 31. À titre préliminaire, il y a lieu de rappeler que la directive 89/106 a pour objet principal d’éliminer les obstacles aux échanges en créant des conditions permettant aux produits de construction d’être librement commercialisés à l’intérieur de la Communauté européenne. À cette fin, cette directive précise les exigences essentielles auxquelles doivent satisfaire les produits de construction et qui sont mises en œuvre par des normes harmonisées et des normes nationales de transposition, par des agréments techniques européens et par des spécifications techniques nationales reconnues au niveau communautaire. Selon l’article 6, paragraphe 1, de ladite directive, les États membres ne font pas obstacle à la libre circulation, à la mise sur le marché ou à l’utilisation sur leur territoire des produits qui satisfont aux dispositions de la même directive. | 0 |
9,101 | 32 It must also be remembered that according to the case-law of the Court (in particular Case 102/86 Apple and Pear Development Council v Commissioners of Customs and Excise [1988] ECR 1443, paragraph 12, and Case C-258/95 Fillibeck v Finanzamt Neustadt [1997] ECR I-5577, paragraph 12), the concept of the supply of services effected for consideration within the meaning of Article 2(1) of the Sixth Directive requires the existence of a direct link between the service provided and the consideration received. | 20. In those circumstances no special protection is justified since the parties concerned are professionals in the insurance sector, none of whom may be presumed to be in a weaker position than the others. | 0 |
9,102 | 59. It is certainly true that, according to settled case-law, a directive cannot of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual, so that even a clear, precise and unconditional provision of a directive seeking to confer rights or impose obligations on individuals cannot of itself apply in proceedings exclusively between private parties (see, to that effect, Joined Cases C‑397/01 to C‑403/01 Pfeiffer and Others [2004] ECR I‑8835, paragraphs 108 and 109). | 12 As is apparent from several judgments of the Court (see those in Case 5/88 Wachauf v Bundesamt fuer Ernaehrung und Forstwirtschaft [1989] ECR 2609, Case C-177/90 Kuehn v Landwirtschaftskammer Weser-Ems [1992] ECR I-35 and Case C-81/91 Twijnstra v Minister van Landbouw, Natuurbeheer en Visserij [1993] ECR I-2455, paragraph 25), those provisions establish the principle that the reference quantity is transferred with the land that gave rise to its allocation. | 0 |
9,103 | 34. In Case C‑486/08 Zentralbetriebsrat der Landeskrankenhäuser Tirols [2010] ECR I‑3527, paragraph 33, the Court evoked Clause 4.2 of the framework agreement on part-time work, concluded on 6 June 1997, which is included in the annex to Directive 97/81/EC of the Council, of 15 December 1997, concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9), as modified by Directive 98/23/EC of the Council of 7 April 1998 (OJ 1998 L 131, p. 10), according to which, where it is appropriate, the rule of pro rata temporis applies to the conditions of employment of part-time workers. The Court has applied that rule to the grant of annual leave for a period of part-time employment, because for such a period, the reduction of annual leave by comparison to that granted for a period of full-time employment is justified on objective grounds. | 50. In that connection, the fact that, for dividends distributed by companies established in Member States other than that granting a tax credit, the tax authorities of that latter Member State may have recourse to the mechanism of mutual assistance under Directive 77/799 does not mean that they would be required to spare the company receiving dividends the necessity of providing them with proof of the tax paid in another Member State by the company making the distribution (see Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 100). | 0 |
9,104 | 45. According to settled case-law of the Court, the fact that the referring court’s question refers to certain provisions of EU law does not mean that the Court may not provide the national court with all the guidance on points of interpretation which may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to those points in its question. It is, in this regard, for the Court to extract from all the information provided by the referring court, in particular from the grounds of the decision to make the reference, the points of EU law which require interpretation in view of the subject-matter of the dispute (see, inter alia, judgment in Ville d’Ottignies-Louvain-la-Neuve and Others , C‑225/13, EU:C:2014:245, paragraph 30 and the case-law cited). Consequently, it should be assessed whether Article 110 TFEU precludes those payment deadlines from being imposed. | 97. It follows from all those considerations that the second ground of appeal must also be rejected as unfounded.
Objection of failure to state reasons
Arguments of the Hellenic Republic | 0 |
9,105 | 46. It is not unusual that certain sectors of activity, in particular sectors involving public service utilities, such as those at issue in the main proceedings, are subject to rules which may have the effect of limiting the financial risks entailed. First, the detailed rules of public law, to which the economic and financial operation of the service is subject, facilitate the supervision of how that service is operated, and scale down the factors which may threaten transparency and distort competition. Second, it must remain open to the contracting authorities, acting in all good faith, to ensure the supply of services by way of a concession, if they consider that to be the best method of ensuring the public service in question, even if the risk linked to such an operation is limited ( Eurawasser , paragraphs 72 to 74). | 45. Therefore, a producer cannot, in principle, be directly concerned, for the purpose of the fourth paragraph of Article 230 EC, by the allocation of basic production quantities to the Member States as effected at Community level by the contested provisions. | 0 |
9,106 | 25 However, as the Court emphasized in its judgment in Case C-275/91 Iacobelli v INAMI [1993] ECR I-523, paragraph 13, the provisions of Article 36 of Regulation No 574/72 are of a procedural nature. They were laid down with the aim of simplifying administration in order to exempt migrant workers having rights to assert in different Member States from the requirement to lodge with the institutions in each of those States an application for the grant of the benefits which they may claim (see, to that effect, Case 108/75 Balsamo v INAMI [1976] ECR 375, paragraph 9, and Case 41/77 Warry [1977] ECR 2085, paragraph 28). The obligation imposed on migrant workers by the first sentence of Article 36(1) to send their claims for benefits to the institution closest to them ° that of their place of residence ° reflects such concern for administrative simplification. | 16 It is true that a recipient of illegally granted aid is not precluded from relying on exceptional circumstances on the basis of which it had legitimately assumed the aid to be lawful and thus declining to refund that aid . If such a case is brought before a national court, it is for that court to assess the material circumstances, if necessary after obtaining a preliminary ruling on interpretation from the Court of Justice . | 0 |
9,107 | 98. On this point, it should be noted that wherever the provisions of a directive appear, so far as their subject-matter is concerned, to be unconditional and sufficiently precise, they may, in the absence of implementing measures adopted within the prescribed period, be relied on against any national provision which is incompatible with the directive or in so far as they define rights which individuals are able to assert against the State (see, inter alia , Case 8/81 Becker [1982] ECR 53, paragraph 25, and Case C-141/00 Kügler [2002] ECR I-6833, paragraph 51). | 12 THE GREEK GOVERNMENT CONSIDERS THAT SINCE THE BARRIERS TO CEREAL IMPORTS WERE LIFTED BEFORE THE ACTION WAS COMMENCED IT IS DEVOID OF PURPOSE . | 0 |
9,108 | 63
In order to answer that question, it should be recalled, in the first place, that the concept of ‘trial resulting in the decision’ as referred to in Article 4a of Framework Decision 2002/584, must be given an autonomous and uniform interpretation within the European Union, independently of the classifications and substantive and procedure rules in criminal matters, which by nature diverge in the various Member States (see, to that effect, judgment of 10 August 2017, Tupikas, C‑270/17 PPU, EU:C:2017:628, paragraphs 65, 67 and 76). | 82. As a result, the ‘minimum distance’ condition also leads members of the public to be more confident that they have a pharmacy nearby and, in consequence, that they have quick and easy access to adequate pharmaceutical services. | 0 |
9,109 | 64. It must be pointed out that the Commission is required to ensure that Articles 87 EC and 88 EC are applied consistently with other provisions of the Treaty (see, to that effect, Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraph 42). | 42 That obligation on the part of the Commission to ensure that Articles 92 and 93 are applied consistently with other provisions of the Treaty is all the more necessary where those other provisions also pursue, as in the present case, the objective of undistorted competition in the common market. | 1 |
9,110 | 50
It is also the settled case-law of the Court that the right to a refund of charges levied by a Member State in breach of rules of EU law is the consequence and complement of the rights conferred on individuals by provisions of EU law, as interpreted by the Court. The Member State is therefore required, in principle, to repay charges levied in breach of EU law (see, to that effect, judgments of 9 November 1983, San Giorgio, 199/82, EU:C:1983:318, paragraph 12; of 14 January 1997, Comateb and Others, C‑192/95 to C‑218/95, EU:C:1997:12, paragraph 20, and of 6 September 2011, Lady & Kid and Others, C‑398/09, EU:C:2011:540, paragraph 17). | 25FURTHERMORE , REGULATION NO 574/72 OF THE COUNCIL OF 21 MARCH 1972 FIXING THE PROCEDURE FOR IMPLEMENTING REGULATION NO 1408/71 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1972 ( I ) P . 159 ) STATES IN ARTICLE 93 ( 1 ) THAT THE AMOUNT OF BENEFITS PROVIDED UNDER ARTICLE 22 OF THE REGULATION ' ' SHALL BE REFUNDED BY THE COMPETENT INSTITUTION TO THE INSTITUTION WHICH PROVIDED THE SAID BENEFITS AS SHOWN IN THE ACCOUNTS OF THAT INSTITUTION ' ' .
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9,111 | 14 However, it is clear from the case-law of the Court that the onus may shift when that is necessary to avoid depriving workers who appear to be the victims of discrimination of any effective means of enforcing the principle of equal pay. Accordingly, when a measure distinguishing between employees on the basis of their hours of work has in practice an adverse impact on substantially more members of one or other sex, that measure must be regarded as contrary to the objective pursued by Article 119 of the Treaty, unless the employer shows that it is based on objectively justified factors unrelated to any discrimination on grounds of sex (Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, at paragraph 31, Case C-33/89 Kowalska [1990] ECR I-2591, at paragraph 16, and C-184/89 Nimz [1991] ECR I-297, at paragraph 15). Similarly, where an undertaking applies a system of pay which is wholly lacking in transparency, it is for the employer to prove that his practice in the matter of wages is not discriminatory, if a female worker establishes, in relation to a relatively large number of employees, that the average pay for women is less than that for men (Case 109/88 Danfoss [1989] ECR 3199, at paragraph 16). | 26
It is apparent, in that regard, from recital 4 in the preamble to Directive 2003/86, that that directive has the general objective of facilitating the integration of third country nationals in Member States by making family life possible through reunification (see judgment in Parliament v Council, C‑540/03, EU:C:2006:429, paragraph 69). | 0 |
9,112 | 31. As regards, first, the EU competition rules, the Court has consistently held that the need to provide an interpretation of EU law which will be of use to the referring court requires that court to define the factual and legal context of its questions or, at the very least, to explain the factual circumstances on which those questions are based. Those requirements are of particular importance in the field of competition, which is characterised by complex factual and legal situations (see, inter alia, Attanasio Group , paragraph 32 and the case-law cited, and Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others [2012] ECR, paragraph 22). | 36. It must therefore be held that legislation such as that at issue in the main proceedings, which makes family reunification more difficult by tightening the conditions of first admission to the territory of the Member State concerned by spouses of Turkish nationals in relation to those conditions applicable when the Additional Protocol entered into force, constitutes a ‘new restriction’, within the meaning of Article 41(1) of the Additional Protocol, on the exercise of the freedom of establishment by those Turkish nationals. | 0 |
9,113 | 23 It must be borne in mind that it is for the national court, by virtue of the division of functions provided for by Article 234 EC, to apply the rules of Community law, as interpreted by the Court, to a specific case (Case C-320/88 Shipping and Forwarding Enterprise Safe [1990] ECR I-285, paragraph 11, and Case C-107/98 Teckal [1999] ECR I-8121, paragraph 31). | Partant, le Tribunal a écarté l’argumentation de Meica comme étant fondée sur une appréciation erronée des faits. | 0 |
9,114 | 67
It is inherent in that complete system of legal remedies and procedures that persons bringing proceedings must, when an action is brought before a national court or tribunal, have the right to challenge the legality of provisions contained in European Union acts on which a decision or national measure adopted in respect of them is based, pleading the invalidity of that decision or measure, in order that the national court or tribunal, having itself no jurisdiction to declare such invalidity, consults the Court on that matter by means of a reference for a preliminary ruling, unless those persons unquestionably had the right to bring an action against those provisions on the basis of Article 263 TFEU and failed to exercise that right within the period prescribed (see, to that effect, judgments of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 35 and 36, and of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 45 and 46). | 17 IN HIS THIRD SUBMISSION THE APPLICANT CONTENDS THAT AT THE TIME OF THE CONTESTED DECISION THE COMMISSION DID NOT HAVE HIS PERIODIC REPORT FOR THE PERIOD FROM 1975 TO 1977 . IT IS ALSO TRUE THAT , ACCORDING TO THE CASE-LAW OF THE COURT , PERIODIC REPORTS CONSTITUTE ESSENTIAL FACTORS FOR ALL DECISIONS CONCERNING AN OFFICIAL ' S CAREER .
| 0 |
9,115 | 138 In that connection, it must be pointed out that the factors on the basis of which the gravity of an infringement may be assessed may include the volume and value of the goods in respect of which the infringement was committed and the size and economic power of the undertaking and, consequently, the influence which the undertaking was able to exert on the market (see Joined Cases 100/80 to 103/80 Musique Diffusion française and Others v Commission [1983] ECR 1825, paragraph 120). | 46
As regards the intention of the parents to settle permanently with the child in a Member State, the Court has recognised that that can also be taken into account, where that intention is manifested by certain tangible steps such as the purchase or lease of a residence in the host Member State (see, to that effect, judgment of 2 April 2009, A, C‑523/07, EU:C:2009:225, paragraph 40). | 0 |
9,116 | 26. It should be recalled that the application of EU legislation cannot be extended to cover abusive practices by economic operators, that is to say, transactions carried out, not in the context of normal commercial operations, but solely for the purpose of wrongfully obtaining advantages provided for under EU law and that that principle of prohibiting abusive practices also applies to the sphere of VAT (see Halifax and Others , paragraphs 69 and 70, and Ampliscientifica and Amplifin , paragraph 27). | 20 Further, it must be held that the application of different minimum tax rates for dark- and light-tobacco cigarettes under Article 575A of the amended GTC infringes Article 8(2) and Article 16(5) of Directive 95/59 and Article 2 of Directive 92/79, which require the application of a single minimum global excise duty, identical for all cigarettes. | 0 |
9,117 | 21. The full effectiveness of Article 101 TFEU and, in particular, the practical effect of the prohibition laid down in paragraph 1 of that provision would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition ( Courage and Crehan EU:C:2001:465, paragraph 26; Manfredi and Others EU:C:2006:461, paragraph 60; Case C‑199/11 Otis and Others EU:C:2012:684, paragraph 41; and Case C‑536/11 Donau Chemie and Others EU:C:2013:366, paragraph 21). | 67. As suggested by the United Kingdom Government and the Commission at the hearing, that finding must be based on objective factors which are ascertainable by third parties with regard, in particular, to the extent to which the CFC physically exists in terms of premises, staff and equipment. | 0 |
9,118 | 62. Furthermore, as the Court has already observed, encouragement of recruitment constitutes a legitimate aim of social policy ( Seymour-Smith and Perez , paragraph 71, and Kutz-Bauer , paragraph 56). | 61 If that discretion has been exceeded and consequently the national provisions must be set aside in that respect, it is for the authorities of the Member State, according to their respective powers, to take all the general or particular measures necessary to ensure that projects are examined in order to determine whether they are likely to have significant effects on the environment and, if so, to ensure that they are subject to an impact assessment. | 0 |
9,119 | 14. However, pursuant to Article 3(2)(b) of Regulation No 2913/92, the territory of the Principality of Monaco is to be considered to be part of the customs territory of the European Union. As no customs duty or charge having equivalent effect can, consequently, be applied to trade between Monaco and the Member States, goods originating in Monaco, exported directly to a Member State, must be treated as if they originated in those Member States. The result of that assimilation to goods originating in Member States is that goods originating in Monaco are covered by the rules of the Treaty on the free movement of goods (see, by analogy, Case 41/76 Donckerwolcke and Schou [1976] ECR 1921, paragraphs 17 and 18, and Commission v United Kingdom , paragraph 54). | 46. In any event, in so far as the appellants criticise the fact that witnesses were not heard before the General Court, it need merely be recalled that, in an action challenging a Commission competition decision, it is as a rule for the applicant to raise pleas in law against that decision and to adduce evidence in support of those pleas (see Chalkor v Commission , paragraph 64). As the Advocate General has observed in point 48 of her Opinion, the appellants did not contest the facts set out in the statement of objections or apply to the General Court for the examination of witnesses. | 0 |
9,120 | 30. The Court has ruled that the Member States are not empowered to maintain exclusions from the right to deduct VAT which apply in a general manner to any expenditure related to the acquisition of goods or services (see, to that effect, Case C‑74/08 PARAT Automotive Cabrio [2009] ECR I‑3459, paragraphs 28 and 29, and X Holding and Oracle Nederland , paragraph 44). | 44. It follows from the foregoing that the option given to Member States by the second subparagraph of Article 17(6) of the Sixth Directive presupposes that those Member States adequately define the nature or the purpose of the goods and services in respect of which the right to deduct is excluded in order to ensure that that option is not used to authorise general exclusions from that system (see, to that effect, PARAT Automotive Cabrio , paragraph 29). | 1 |
9,121 | 40 It is settled case-law that an abuse within the meaning of Article 86 of the Treaty is committed where, without any objective necessity, an undertaking holding a dominant position on a particular market reserves to itself an ancillary activity which could be carried out by an other undertaking as part of its activities on a neighbouring but separate market, with the possibility of eliminating all competition from that undertaking (judgment in Case C-18/88 GB-INNO-BM [1991] ECR I-5941, paragraph 18). Where the extension of the dominant position of an undertaking to which the State has granted special or exclusive rights results from a State measure, such a measure constitutes an infringement of Article 90 in conjunction with Article 86 of the Treaty (GB-INNO-BM, paragraph 21, and Case C-203/96 Dusseldorp and Others [1998] ECR I-4075, paragraph 61). | 31. In that regard, as is apparent from paragraphs 29 and 30 of the judgment in Town & County Factors , the Court has held that the interpretation which it adopted in its judgment in Glawe did not apply to a service such as that at issue in the case which gave rise to the judgment in Town & County Factors . While the gaming machines in question in the case which gave rise to the judgment in Glawe were characterised by the fact that, in accordance with mandatory statutory provisions, they were set in such a way that a certain percentage of the players’ stakes was paid out to them as winnings and those stakes were kept technically and physically separate from the stakes which the operator could actually take for itself, the competition at issue in the case which gave rise to the judgment in Town & County Factors did not display any of those features, so that the organiser of that type of competition had freely at its disposal the full amount of the entry fees received. | 0 |
9,122 | 23. It must be noted that, according to settled case-law, Article 2(1) of Directive 2006/126, and Article 1(2) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1), which precedes Directive 2006/126, provide for the mutual recognition, without any formality, of driving licences issued by Member States (see, to that effect, judgments in Akyüz , C‑467/10, EU:C:2012:112, paragraph 40, and Hofmann , C‑419/10, EU:C:2012:240, paragraphs 43 and 44). | 50. That right to freedom of movement is effectively guaranteed only if, in a situation such as that at issue in the main proceedings, the person can be sure that, once he has been convicted and when the penalty imposed on him can no longer be enforced under the laws of the sentencing Contracting State, he may travel within the Schengen area without fear of prosecution in another Contracting State on the ground that the penalty could not, on account of the specific features of the national legal procedures of the first Contracting State, have been directly enforced. | 0 |
9,123 | 21. According to settled case-law, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be found in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and of the notes to the sections or chapters (see, inter alia, Case C-42/99 Eru Portuguesa [2000] ECR I-7691, paragraph 13; Case C-495/03 Intermodal Transports [2005] ECR I-0000, paragraph 47; and Case C-445/04 Possehl Erzkontor [2005] ECR I-0000, paragraph 19). | 13 It is settled case-law that, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN. There are also explanatory notes drawn up, as regards the CN, by the Commission and, as regards the HS, by the Customs Cooperation Council, which may be an important aid to the interpretation of the scope of the various tariff headings but which do not have legally binding force (see, in particular, Case C-201/96 LTM v FIRS [1997] ECR I-6147, paragraph 17, and Case C-280/97 Rose Elektrotechnik [1999] ECR I-689, paragraph 16). | 1 |
9,124 | 34 Moreover, in accordance with the case-law of the Court, charges with no upper limit which increase directly in proportion to the nominal value of the capital raised cannot, by their very nature, amount to duties paid by way of fees or dues within the meaning of the Directive. Even if there may be a link in some cases between the complexity of a registration and the amount of capital raised, the amount of such charges will generally bear no relation to the costs actually incurred by the administration for registration formalities (Case C-188/95 Fantask and Others [1997] ECR I-6783, paragraph 31, and IGI, paragraph 31). | 29
Nevertheless, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before it. To that end, the Court may have to reformulate the questions referred to it. The Court may also find it necessary to consider provisions of EU law which the national court has not referred to in its questions (judgment of 11 February 2015, Marktgemeinde Straßwalchen and Others, C‑531/13, EU:C:2015:79, paragraph 37). | 0 |
9,125 | 43
Thus, and as noted by the Advocate General in points 38 and 39 of his Opinion, the exemption of intra-Community supplies of new means of transport becomes applicable only when the right to dispose of that means of transport as owner has been transferred to the purchaser, the vendor establishes that those goods have been dispatched or transported to another Member State and, as a result of that dispatch or that transport, that means of transport has physically left the territory of the Member State of supply (see, by analogy, judgments of 18 November 2010, X, C‑84/09, EU:C:2010:693, paragraph 27, and of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraph 31 and the case-law cited). | 40. In addition, concerning that entitlement, Directive 2003/88 does not make any distinction between workers who are absent from work on sick leave, whether short-term or long-term, during the leave year and those who have in fact worked in the course of that year. | 0 |
9,126 | 21 As for a rule such as that at issue in the main proceedings, which, according to its wording, applies without distinction to national and imported products and is designed to impose certain production conditions on producers in order to permit them to market their products under a certain designation, it is clear from the Court's case-law that such a rule falls under Article 30 of the Treaty only in so far as it applies to situations that are linked to the importation of goods in intra-Community trade (Case 286/81 Oosthoek's Uitgeversmaatschappij [1982] ECR 4575, paragraph 9; Mathot, paragraphs 3 and 7 to 9). | 31. In particular, the requirement as to the comparable nature of the situations for the purposes of determining whether there is an infringement of the principle of equal treatment must be assessed in the light of all the factors characterising those situations (see, inter alia, the judgment in Arcelor Atlantique and Lorraine and Others , C‑127/07, EU:C:2008:728, paragraph 25). | 0 |
9,127 | 30. The Court has thus consistently held that there can be only two kinds of restrictions on the rights conferred by the first paragraph of Article 7 of Decision No 1/80 on members of a Turkish worker’s family who fulfil the conditions laid down in that paragraph, namely, either that based on the presence of the Turkish migrant in the host Member State where he constitutes, on account of his own conduct, a genuine and serious threat to public policy, public security or public health, in accordance with Article 14(1) of that decision, or that relating to the fact that the person concerned has left the territory of that State for a significant length of time without legitimate reason ( Ergat , paragraphs 45, 46 and 48; Cetinkaya , paragraphs 36 and 38; Derin , paragraph 54; Case C‑373/03 Aydinli [2005] ECR I‑6181, paragraph 27; Case C‑502/04 Torun [2006] ECR I‑1563, paragraph 21; and Case C‑349/06 Polat [2007] ECR I‑8167, paragraph 21). | 34. Finally, it must be added that, contrary to what Leo-Libera submits, the principle of fiscal neutrality, which provides that supplies of similar services, which are therefore in competition with each other, must not be treated differently for VAT purposes, also does not preclude legislation such as that at issue in the main proceedings. | 0 |
9,128 | 17 It also appears from the case-law of the Court ( judgment of 16 December 1980 in Case 27/80 Fietje (( 1980 )) ECR 3839, paragraph 11 ) that national measures which are necessary in order to ensure that products are accurately described, avoid any confusion on the part of consumers and ensure fair trading do not infringe the principle of the free movement of goods as laid down in Article 30 et seq . of the EEC Treaty . Hence Community law does not preclude a national measure securing accurate consumer information and thereby avoiding any confusion . However, the measure in question in this case goes beyond that . | 36. Although the appellant did not refer expressly at first instance to the case-law arising out of the judgment in T.I.M.E. ART v OHIM (C‑171/06 P, EU:C:2007:171), the fact remains that it disputed the Board of Appeal’s assessment as regards the weight of the conceptual differences. Consequently, the arguments which the appellant puts forward concerning that judgment are simply an amplification of an argument already developed in the context of a plea set out in the application at first instance, in accordance with the case-law referred to in paragraph 24 of the present judgment. | 0 |
9,129 | 18 In order to combat those abuses, the competent authorities of the Member States are entitled, under the fourth subparagraph of Article 5(1) of Regulation No 3665/87, to require additional evidence such as to satisfy them that the product has actually been placed on the market in the non-member country of import in the unaltered state. Such evidence may be required where there is suspicion or proof that abuses have been committed (see Case C-347/93 Boterlux [1994] ECR I-3933, paragraphs 25 and 27). | 23. First of all, it is settled case-law that the concept of " worker" , within the meaning of Article 48 of the Treaty, has a specific Community meaning and must not be interpreted narrowly (see, to that effect, inter alia, Case 66/85 Lawrie-Blum [1986] ECR 2121, paragraph 16, Case 197/86 Brown [1988] ECR 3205, paragraph 21, Case C-3/90 Bernini [1992] ECR I-1071, paragraph 14, and Case C-337/97 Meeusen [1999] ECR I-3289, paragraph 13). | 0 |
9,130 | 81. It is, however, necessary to examine whether that obstacle can be accepted. According to the Court’s case-law, a measure restricting one of the fundamental freedoms guaranteed by the Treaty may be accepted only if it pursues a legitimate objective which is compatible with the Treaty and is justified by overriding reasons in the public interest. But even if that were so, application of that measure would still have to be such as to ensure achievement of the aim pursued and not go beyond what is necessary for that purpose (see, to that effect, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraph 33, and Case C‑40/05 Lyyski [2007] ECR I‑99, paragraph 38). | 26. En ce qui concerne l’objectif poursuivi par l’exonération prévue à l’article 132, paragraphe 1, sous i), de la directive TVA, il ressort de cette disposition que ladite exonération, en assurant un traitement plus favorable, en matière de TVA, des prestations de services éducatifs, vise à faciliter l’accès à ces prestations en évitant les surcoûts qui découleraient de leur assujettissement à la TVA (voir, en ce sens, arrêt du 20 juin 2002, Commission/Allemagne, C‑287/00, Rec. p. I‑5811, point 47). | 0 |
9,131 | 23
However, the scope of the Charter, in so far as the action of the Member States is concerned, is defined in Article 51(1) thereof, according to which the provisions of the Charter are addressed to the Member States only when they are implementing Union law. That provision confirms the Court’s settled case-law, which states that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but not outside such situations (judgments of 27 March 2014 in Torralbo Marcos, C‑265/13, EU:C:2014:187, paragraphs 28 and 29, and 6 October 2015 in Delvigne, C‑650/13, EU:C:2015:648, paragraphs 25 and 26). | 17THE RIGHT GRANTED TO THE PROPRIETOR TO PROHIBIT ANY UNAUTHORIZED AFFIXING OF HIS MARK TO HIS PRODUCT ACCORDINGLY COMES WITHIN THE SPECIFIC SUBJECT-MATTER OF THE TRADE-MARK .
| 0 |
9,132 | 38. As a preliminary point, the Treaty provisions prohibiting quantitative restrictions or measures having equivalent effect are an integral part of the common organisation of the market for poultrymeat (see, to that effect, Case 83/78 Pigs Marketing Board [1978] ECR 2347, paragraph 55). The assessment of the contribution in the light of those provisions has already been carried out in the course of considering the principle of free trade included in that common organisation of the market (see paragraphs 27 to 33 of the present judgment). | 41. However, it is clear from the wording of Article 1 of Directive 77/187 that it is applicable whenever, in the context of contractual relations, there is a change in the legal or natural person who is responsible for carrying on the business and who by virtue of that fact incurs the obligations of an employer vis-à-vis the employees of the undertaking, regardless of whether or not ownership of the tangible assets is transferred (Case 287/86 Landsorganisationen i Danmark for Tjenerforbundet i Danmark v Ny Mølle Kro [1987] ECR 5465, paragraph 12, and Case C-209/91 Watson Rask and Christensen [1992] ECR I-5755, paragraph 15). | 0 |
9,133 | 37 However, where the grounds of a judgment of the Court of First Instance disclose an infringement of Community law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (judgment in Case C-30/91 Lestelle v Commission [1992] ECR I-3755, paragraph 28). | 18 Article 99 of the Act of Accession constitutes a derogation from the Treaty rules on free movement of goods and must therefore be interpreted restrictively (see, to that effect, Case 77/82 Peskeloglou v Bundesanstalt für Arbeit [1983] ECR 1085, paragraph 12). Moreover, the derogations permitted by the Act of Accession from the rules laid down by the Treaty must be interpreted in such a way as to facilitate achievement of the objectives of the Treaty and application in full of its rules (Joined Cases 194/85 and 241/85 Commission v Greece [1988] ECR 1037, paragraph 20). | 0 |
9,134 | 38. As regards the WTO agreements, it is the settled case-law of the Court that, given their nature and purpose, those agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the EU institutions (see, in particular, judgments in Portugal v Council , C‑149/96, EU:C:1999:574, paragraph 47; Van Parys , C‑377/02, EU:C:2005:121, paragraph 39; and LVP , C‑306/13, EU:C:2014:2465, paragraph 44). | 45 That reasoning cannot be applied directly to a procedure prior to the acquisition of immoveable property, since the intervention of the administrative authorities does not, in that case, pursue the same objective. National administrative authorities cannot lawfully prevent a transfer of currency, with the result that their supervision, which reflects essentially a need for information, can also, in that field, take the form of a compulsory declaration. However, prior verification, in connection with the acquisition of property ownership, does not reflect merely a need for information, but can result in a refusal to grant authorisation, without necessarily being contrary to Community law. | 0 |
9,135 | 25. From the outset, it must be recalled that the Sixth Directive entered into force in Denmark on 1 January 1979 (see, to that effect, Joined Cases C‑177/99 and C‑181/99 Ampafrance and Sanofi [2000] ECR I‑7013, paragraphs 5 and 9, and Case C-40/00 Commission v France [2001] ECR I-4539, paragraphs 5 and 9; see also Article 1 of Directive 78/583 and, finally, the second paragraph of Article 176 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1)). | 45. According to the case‑law of the Court, a measure restricting one of the fundamental freedoms guaranteed by the Treaty may be accepted only if it is justified by overriding reasons in the public interest. Even if that were so, application of that measure would still have to be such as to ensure achievement of the aim pursued and not go beyond what is necessary for that purpose (see, inter alia, Case C‑527/06 Renneberg [2008] ECR I‑7735, paragraph 81). | 0 |
9,136 | 72. In paragraphs 57 and 58 of Kügler , cited above, the Court added that, in order to determine which organisations should be recognised as charitable within the meaning of Article 13A(1)(g) of the Sixth Directive, the national authorities should, in accordance with Community law and subject to review by the national courts, take a number of factors into consideration. Those factors include the public interest of the activities of the taxable person in question, the fact that other taxable persons carrying on the same activities already have similar recognition, and the fact that the costs incurred for the treatment in question may be largely met by health insurance schemes or other social security bodies. | 69. On the other hand, as pointed out by the Advocate General in point 103 of his Opinion, the fact that the activities which correspond to the profits of the CFC could just as well have been carried out by a company established in the territory of the Member State in which the resident company is established does not warrant the conclusion that there is a wholly artificial arrangement. | 0 |
9,137 | 22. In the case of companies, it should be borne in mind that their registered office for the purposes of Article 48 EC serves, in the same way as nationality in the case of individuals, as the connecting factor with the legal system of a Member State (see Metallgesellschaft and Others , paragraph 42, and the case-law cited). Acceptance of the proposition that the Member State in which a resident subsidiary is established may freely apply different treatment merely by reason of the fact that the registered office of the parent company is situated in another Member State would deprive Article 43 EC of all meaning (see, to that effect, Commission v France , paragraph 18; Case C-330/91 Commerzbank [1993] ECR I‑4017, paragraph 13; Metalgesellschaft and Others , paragraph 42; and Case C-446/03 Marks & Spencer [2005] ECR I‑10837, paragraph 37). Freedom of establishment thus seeks to guarantee the benefit of national treatment in the host Member State, by prohibiting any discrimination, even minimal, based on the place in which companies have their seat (see, to that effect, Commission v France , paragraph 14, and Saint-Gobain ZN , paragraph 35). | 29
Nevertheless, it must be pointed out that, according to recital 13 of Regulation No 44/2001, the objective of that section is to protect the weaker party, namely, the insured party, beneficiary or policyholder, by means of rules on jurisdiction more favourable to his interests than the general rules. | 0 |
9,138 | 36. Par ailleurs, selon la jurisprudence de la Cour, il incombe à la Commission, dans le cadre d’une telle procédure, de fournir à la Cour les éléments nécessaires pour déterminer l’état d’exécution par un État membre d’un arrêt en manquement. Dès lors que la Commission a fourni suffisamment d’éléments faisant apparaître la persistance du manquement, il appartient à l’État membre concerné de contester cette affirmation de manière substantielle et détaillée, ainsi que d’apporter la preuve de la cessation de l’infraction (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, points 74 et 75 ainsi que jurisprudence citée). | 22. En effet, il existe un intérêt certain de l’Union à ce que, pour éviter des divergences d’interprétation futures, les dispositions ou les notions reprises du droit de l’Union reçoivent une interprétation uniforme, lorsqu’une législation nationale se conforme, pour les solutions qu’elle apporte à des situations ne relevant pas du champ d’application de l’acte de l’Union concerné, à celles retenues par ledit acte, afin d’assurer un traitement identique aux situations internes et aux situations régies par le droit de l’Union, quelles que soient les conditions dans lesquelles les dispositions ou les notions reprises du droit de l’Union sont appelées à s’appliquer (voir, en ce sens, arrêts Salahadin Abdulla e.a., précité, point 48; du 12 juillet 2012, SC Volksbank România, C‑602/10, points 87 et 88; Nolan, précité, point 46 et jurisprudence citée, ainsi que du 14 mars 2013, Allianz Hungária Biztosító e.a., C‑32/11, points 20 et 21). | 0 |
9,139 | 37. As regards a right to compensation for such pecuniary damage, it follows from the Court’s settled case‑law that, under the principle of sincere cooperation laid down in Article 4(3) TEU, Member States are required to nullify the unlawful consequences of a breach of European Union law. In that regard, the Court has already held that, in order to remedy the failure to carry out an environmental impact assessment of a project within the meaning of Article 2(1) of Directive 85/337, it is for the national court to determine whether it is possible under national law for a consent already granted to be revoked or suspended in order to subject the project in question to an assessment of its environmental impacts, in accordance with the requirements of Directive 85/337, or alternatively, if the individual so agrees, whether it is possible for the latter to claim compensation for the harm suffered (see Wells , paragraphs 66 to 69). | 26 The Court has thus expressly recognised the general principle of Community law that everyone is entitled to fair legal process, which is inspired by those fundamental rights (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraphs 20 and 21, and judgment of 11 January 2000 in Joined Cases C-174/98 P and C-189/98 P Netherlands and Van der Wal v Commission [2000] ECR I-0000, paragraph 17). | 0 |
9,140 | 25
In that regard it must be recalled that Directive 90/435, as is apparent in particular from its third recital, seeks, by the introduction of a common tax system, to eliminate any disadvantage to cooperation between companies of different Member States as compared with cooperation between companies of the same Member State and thereby to facilitate the grouping together of companies at EU level. That directive thus seeks to ensure the neutrality, from the tax point of view, of the distribution of profits by a subsidiary established in one Member State to its parent company established in another Member State (judgment of 1 October 2009, Gaz de France — Berliner Investissement, C‑247/08, EU:C:2009:600, paragraph 27 and the case-law cited). | 17 As to the criteria of independence and impartiality, it must be noted that there is no reason to consider that the Collège juridictionnel does not satisfy such requirements. | 0 |
9,141 | 25. In that regard, it is apparent from settled case-law that national legislation which places certain nationals at a disadvantage simply because they have exercised their freedom to move and to reside in another Member State constitutes a restriction on the freedoms conferred by Article 21(1) TFEU on every citizen of the Union (judgments in Morgan and Bucher , EU:C:2007:626, paragraph 25, and Prinz and Seeberger , EU:C:2013:524, paragraph 27). | 21 For the reasons stated in paragraphs 21 to 42 of the Advocate General' s Opinion, the first, second, third, fourth and fifth grounds of appeal must be rejected as unfounded.
The sixth, seventh and eight grounds of appeal | 0 |
9,142 | 78. Article 43 EC is one of the fundamental provisions of European Union law (see, to that effect, inter alia, Reyners , paragraph 43). | 8 As the Court held in its judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, at paragraphs 26 to 30, an application does not satisfy that requirement if the Commission' s complaints are not accurately set out in it and simply appear by way of reference to "all the reasons set out in the letter of formal notice and in the reasoned opinion". | 0 |
9,143 | 33. In accordance with settled case-law, the Court has jurisdiction to provide a ruling, even where the facts of the main proceedings are outside the scope of European Union law, provided that the domestic legislation has adopted the same solutions as those adopted in European Union law and applies those solutions to a situation which is not covered by European Union law. According to the Court’s case-law, the legal order of the European Union clearly has an interest in ensuring that, to forestall future divergences of interpretation, any provision of European Union law should be interpreted uniformly, irrespective of the circumstances in which the provision is to apply (see, to that effect, in particular, Case C‑130/95 Giloy [1997] ECR I‑4291, paragraphs 19 to 28; Case C‑267/99 Adam [2001] ECR I‑7467, paragraphs 23 to 29; Case C‑43/00 Andersen og Jensen [2002] ECR I‑0379, paragraphs 15 to 19, or Case C‑3/04 Poseidon Chartering [2006] ECR I‑2505, paragraphs 14 to 19). | 42. Moreover, such an interpretation is consistent with the objectives pursued by the EU legislature, seeking to ensure, in particular, as is apparent from the second and seventh recitals in the preamble to Directive 85/374, a fair apportionment of the risks inherent in modern technological production between the injured person and the producer. | 0 |
9,144 | 34. A distinction must therefore be drawn between the unequal treatment permitted under Article 58(1)(a) EC and the arbitrary discrimination prohibited under Article 58(3) EC. According to the case-law, in order for national tax legislation such as that at issue in the main proceedings – which, for the purposes of calculating gift tax, distinguishes as to the amount of the allowance applicable to the taxable value of immovable property located in the Member State concerned according to whether the donor or the donee resides in that State or they both reside in another Member State – to be regarded as compatible with the Treaty provisions on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by overriding reasons in the general interest. In order to be justified, moreover, the difference in treatment between those two categories of gifts must not go beyond what is necessary in order to attain the objective of the legislation in question (see Case C‑319/02 Manninen [2004] ECR I‑7477, paragraph 29; Eckelkamp and Others , paragraphs 58 and 59; and Arens-Sikken , paragraphs 52 and 53). | 9. Il convient de rappeler que, selon une jurisprudence constante, d’une part, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêt du 27 octobre 2005, Commission/Luxembourg, C‑23/05, Rec. p. I‑9535, point 9). | 0 |
9,145 | 39. However, the Court has already held that, if the Commission claims that national legislation is contrary to the system, scheme or spirit of a directive, without relating the resultant breach of EU law to any specific provisions of that directive, its application cannot, on that ground alone, be held to be inadmissible (see Commission v Italy , paragraph 23). | 50. That distinctive character of a trade mark within the meaning of Article 3(1)(b) must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant persons, namely the consumers of the goods or services. That means the presumed expectations of an average consumer who is reasonably well informed and reasonably observant and circumspect (see, to that effect, Case C-210/96 Gut Springenheide and Tusk y, paragraph 31, Philips , paragraph 63, and Linde and Others , paragraph 41). | 0 |
9,146 | 41. Without its being necessary to rule on the assertion that the national legislation at issue transposes adequately the relevant requirements of Community law, suffice it to recall that, according to settled case-law, an action for failure to fulfil obligations makes possible not only an examination of the compatibility of a Member State’s laws, regulations and administrative provisions with Community law but also a determination that there has been an infringement of Community law by the national bodies in a specific individual case (see, concerning the award of public contracts, Joined Cases C‑20/01 and C‑28/01 Commission v Germany , paragraph 30, and judgment of 15 October 2009 in Case C‑275/08 Commission v Germany , paragraph 27). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,147 | 42
Furthermore, it must be pointed out that it is not for the Court to rule on the interpretation of provisions of national law, that being exclusively for the national courts having jurisdiction, which must determine whether the requirements set out in clause 5 of the framework agreement are met by the provisions of the applicable national legislation (judgments of 7 September 2006, Vassallo, C‑180/04, EU:C:2006:518, paragraph 39; of 3 July 2014, Fiamingo and Others, C‑362/13, C‑363/13 and C‑407/13, EU:C:2014:2044, paragraph 66, and order of 11 December 2014, León Medialdea, C‑86/14, not published, EU:C:2014:2447, paragraph 48). | 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 |
9,148 | 25. The Court may also, of its own motion, on a proposal from the Advocate General, or at the request of the parties, order the reopening of the oral procedure, in accordance with Article 61 of the Rules of Procedure, if it considers that it lacks sufficient information or that the case should be decided on the basis of an argument which has not been debated between the parties (see Case C-309/99 Wouters and Others [2002] ECR I-1577, paragraph 42, and Case C-470/00 P Parliament v Ripa di Meana and Others [2004] ECR I-0000, paragraph 33). In the present case, however, the Court, after hearing the Advocate General, considers that it has all the information necessary for it to answer the questions referred for a preliminary ruling. The application for the oral procedure to be reopened must therefore be dismissed.
The questions referred for a preliminary ruling
Question 2 | 40. A tax such as that imposed by the Law on registration duty is not levied by reason of a vehicle crossing the frontier of the Member State imposing that tax but upon first registration of the vehicle in the territory of that State for the purpose of being placed in circulation. | 0 |
9,149 | 47 As regards the meaning of `legal employment' for the purposes of Article 6(1) of Decision No 1/80, it is settled case-law (Sevince, paragraph 30, Kus, paragraphs 12 and 22 and Bozkurt, paragraph 26, cited above) that legal employment presupposes a stable and secure situation as a member of the labour force of a Member State and, by virtue of this, implies the existence of an undisputed right of residence. | 78. S’agissant de l’allégation selon laquelle le Tribunal aurait manifestement dénaturé le contenu du tableau 3, il y a lieu de constater, ainsi que l’indique à juste titre la Commission dans son mémoire en réponse, que la République fédérale d’Allemagne a recours, au soutien de cette allégation, à de nouveaux éléments de preuve, tels que les annexes 3 et 4 au pourvoi, qui ne sauraient être pris en compte aux fins d’une dénaturation (voir, en ce sens, arrêt PKK et KNK/Conseil, C‑229/05 P, EU:C:2007:32, point 37). | 0 |
9,150 | 47. It is settled case-law that VAT has four essential characteristics: VAT applies generally to transactions relating to goods or services; it is proportional to the price charged by the taxable person in return for the goods and services which he has supplied; that tax is charged at each stage of the production and distribution process, including that of retail sale, irrespective of the number of transactions which have previously taken place; and the amounts paid during the preceding stages of the production and distribution process are deducted from the VAT payable by a taxable person, with the result that that tax applies, at any given stage, only to the value added at that stage and the final burden of that tax rests ultimately on the consumer ( Banca popolare di Cremona , paragraph 28; KÖGÁZ and Others , paragraph 37; and K-1 , paragraph 17). | 17. The Court has set out the essential characteristics of VAT, of which there are four: VAT applies generally to transactions relating to goods or services; it is proportional to the price charged by the taxable person in return for the goods and services which he has supplied; it is charged at each stage of the production and distribution process, including that of retail sale, irrespective of the number of transactions which have previously taken place; the amounts paid during the preceding stages of the process are deducted from the tax payable by a taxable person, with the result that the tax applies, at any given stage, only to the value added at that stage and the final burden of the tax rests ultimately on the consumer (see Case C‑475/03 Banca popolare di Cremona [2006] ECR I-9373, paragraph 28). | 1 |
9,151 | 84. The first point to be noted is that it is settled case-law that classification as aid requires that all the conditions set out in Article 87(1) EC be met (Case C-280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I‑7747, paragraph 74). | 36. It follows from the foregoing that, in order to be classifiable under subheading 8704 10 of the CN, dumpers must have been specially designed for off-highway use for the transport and unloading of materials. | 0 |
9,152 | 22. The principle of cooperation in good faith, laid down in Article 10 EC, requires the issuing institution to carry out a proper assessment of the facts relevant for the application of the rules relating to the determination of the legislation applicable in the matter of social security and, consequently, to guarantee the correctness of the information contained in an E 101 certificate ( FTS , paragraph 51). | 29. Accordingly, the reason which justifies recognition of the exception for in-house awards, that is to say, the existence a specific internal link between the contracting authority and the contractor, is absent in a situation such as that in the main proceedings. | 0 |
9,153 | 67. Since they are exceptions to the Community system for the organisation of working time put in place by Directive 93/104, the exclusions from the scope of the directive provided for in Article 1(3) must be interpreted in such a way that their scope is limited to what is strictly necessary in order to safeguard the interests which the exclusions are intended to protect (see, by analogy, the judgment in Jaeger , paragraph 89). | 38. It is clear that Deutsche Telekom is a third party in relation to the dispute before the referring court and is capable only of suffering adverse repercussions because it levied the connection charge at issue in the main proceedings and because, if that charge were removed, it would have to increase its own subscribers’ rates. Such a removal of benefits cannot be regarded as an obligation falling on a third party pursuant to the directives relied on before the referring court by the appellants in the main proceedings. | 0 |
9,154 | 29 In any event, as the Court of Justice has repeatedly held, it is for the Court of First Instance alone to assess the value which should be attached to the items of evidence adduced before it (judgment in Case C-136/92 P Commission v Brazzelli Lualdi [1994] ECR I-1981, paragraph 66; order in San Marco v Commission, cited above, paragraph 40). That appraisal does not, therefore, save where the sense of the evidence has been distorted, constitute a point of law which is subject, as such, to review by the Court of Justice (judgment in Case C-53/92 P Hilti v Commission [1994] ECR I-667, paragraph 42). | 112. In order for the storage by a referencing service provider to come within the scope of Article 14 of Directive 2000/31, it is further necessary that the conduct of that service provider should be limited to that of an ‘intermediary service provider’ within the meaning intended by the legislature in the context of Section 4 of that directive. | 0 |
9,155 | 34. In the context of that cooperation, it is for the national court or tribunal 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 (see, inter alia, Lourenço Dias , cited above, paragraph 15, Case C‑390/99 Canal Satélite Digital [2002] ECR I‑607, paragraph 18, and Schmidberger , cited above, paragraph 31). | 9. À cet égard, il suffit de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 27 septembre 2007, Commission/République tchèque, C‑117/07, point 6). | 0 |
9,156 | 19
That obligation to state specific reasons is a fundamental requirement, designed not merely to show that the request for information is justified but also to enable the undertakings concerned to assess the scope of their duty to cooperate whilst at the same time safeguarding their rights of defence (see, by analogy, with respect to inspection decisions, judgments in Dow Chemical Ibérica and Others v Commission, 97/87 to 99/87, EU:C:1989:380, paragraph 26; Roquette Frères, C‑94/00, EU:C:2002:603, paragraph 47; Nexans and Nexans France v Commission, C‑37/13 P, EU:C:2014:2030, paragraph 34; and Deutsche Bahn and Others v Commission, C‑583/13 P, EU:C:2015:404, paragraph 56). | 64. While not entirely eliminating the risks incurred by users of lenses, the establishment of a link to a qualified optician and the services provided by such an optician are likely to reduce those risks. Accordingly, by reserving the supply of contact lenses to the opticians’ shops which offer the services of such an optician, the legislation at issue in the main proceedings is appropriate for securing the attainment of the objective of ensuring protection of the health of those users. | 0 |
9,157 | 43. As regards the question whether the Regulation, and in particular Article 1 thereof, precludes a system, such as that at issue in the main proceedings, liable to culminate in the imposition of timeslots for reasons of the safety of ships and order in ports, it is important to note that national rules, which make the provision of maritime cabotage services subject to prior administrative authorisation, are liable to impede or render less attractive the provision of those services and therefore constitute a restriction on the freedom to provide them (see Analir and Others , paragraph 22, and Commission v Spain , paragraph 44). | 7 FURTHER, IT IS APPOSITE TO POINT OUT THAT OWING TO THE ALTERATION INTRODUCED INTO ANNEX III OF THE STAFF REGULATIONS BY REGULATION 1473/72 ( OJ NO L 160, P . 1 ) THE INCLUSION OF AN AGE LIMIT HAS BEEN EXPRESSLY MADE OPTIONAL, SO THAT THE ANNULMENT OF THE COMPETITION NOTICE WOULD NOT GIVE THE APPLICANT SATISFACTION . | 0 |
9,158 | 39 Article 8(1) of Regulation No 729/70, which expressly lays down in this field the obligations imposed on Member States by Article 5 of the EC Treaty, defines, according to the Court's case-law, the principles according to which the Community and the Member States must ensure the implementation of Community decisions on agricultural intervention financed by the EAGGF and combat fraud and irregularities in relation to those operations. It obliges the Member States to take the measures necessary to satisfy themselves that the transactions financed by the EAGGF are actually carried out and are executed correctly (see Case C-2/93 Exportslachterijen van Oordegem v Belgische Dienst voor Bedrijfen en Landbouw [1994] ECR I-2283, paragraphs 17 and 18, and Case C-235/97 France v Commission [1998] ECR I-7555, paragraph 45). | 25. It should also be noted that the case-law highlighted in the judgment in Lianakis and Others (C‑532/06, EU:C:2008:40) concerns the interpretation of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1), which was repealed by Directive 2004/18, and that that judgment does not rule out the possibility that the contracting authority may, in certain circumstances, fix and apply a criterion such as the one contained in the question referred at the stage of awarding the contract. | 0 |
9,159 | 38
In so far as the referring court has doubts as to the possibility, in view of the presumption of innocence, of finding that the travel agencies were aware, or ought to have been aware, of the message at issue in the main proceedings, it must be recalled that the presumption of innocence constitutes a general principle of EU law, now enshrined in Article 48(1) of the Charter of Fundamental Rights of the European Union (see, to that effect, judgment in E.ON Energie v Commission, C‑89/11 P, EU:C:2012:738, paragraph 72), which the Member States are required to observe when they implement EU competition law (see, to that effect, judgments in VEBIC, C‑439/08, EU:C:2010:739, paragraph 63, and N., C‑604/12, EU:C:2014:302, paragraph 41). | 17 That argument cannot be upheld, since Directive 71/118 expressly reserves to the Member States, until such time as greater harmonization is achieved, the power to prohibit the importation into their territory of poultrymeat which is deemed to be unfit for human consumption . | 0 |
9,160 | 49. It should be recalled that in paragraph 182 of its judgment in United Brands and United Brands Continentaal v Commission the Court held that an undertaking in a dominant position for the purpose of marketing a product – which cashes in on the reputation of a brand name known to and valued by consumers – cannot stop supplying a long-standing customer who abides by regular commercial practice, if the orders placed by that customer are in no way out of the ordinary. In paragraph 183 of the same judgment, the Court held that such conduct is inconsistent with the objectives laid down in Article 3(f) of the EEC Treaty (Article 3(g) of the EC Treaty, and now Article 3(1)(g) EC), which are set out in detail in Article 86 of the EEC Treaty (Article 86 of the EC Treaty, and now Article 82 EC), particularly in points (b) and (c) of the second paragraph of that article, since the refusal to sell would limit the markets to the prejudice of consumers and would amount to discrimination which might in the end eliminate a trading party from the relevant market. | 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 |
9,161 | 58
It follows that, in so far as the competent authority of the requested Member State is in possession of evidence of a real risk of inhuman or degrading treatment of individuals in the requesting third State, it is bound to assess the existence of that risk when it is called upon to decide on the extradition of a person to that State (see, to that effect, as regards Article 4 of the Charter, judgment of 5 April 2016 in Aranyosi and Căldăraru, C‑404/15 and C‑659/15 PPU, EU:C:2016:198, paragraph 88). | 22 The Council then replaced the words "the spouse" by "the person entitled to the family benefits or family allowances, or the person to whom they are paid". | 0 |
9,162 | 25 According to settled case-law, where, pursuant to Article 7(1)(a) of the Directive, a Member State prescribes different pensionable ages for men and women for the purposes of granting old-age and retirement pensions, the scope of the permitted derogation, defined by the words possible consequences thereof for other benefits, contained in Article 7(1)(a), is limited to the forms of discrimination existing under other benefit schemes which are necessarily and objectively linked to the difference in pensionable age (see, in particular, Thomas and Others, cited above, paragraph 20, Case C-92/94 Secretary of State for Social Security and Chief Adjudication Officer v Graham and Others [1995] ECR I-2521, paragraph 11, and Case C-139/95 Balestra v INPS [1997] ECR I-549, paragraph 33). | 39. S’agissant de l’argumentation de la République italienne tirée des difficultés administratives, fonctionnelles, voire politiques, auxquelles elle aurait été confrontée pour l’élimination des déchets historiques en cause, il convient de rappeler que, selon une jurisprudence bien établie, un État membre ne saurait exciper de dispositions, de pratiques ou de situations de son ordre juridique interne pour justifier l’inobservation des obligations résultant du droit de l’Union (voir arrêt Commission/Grèce, C‑378/13, EU:C:2014:2405, point 29 et jurisprudence citée). Ladite argumentation ne saurait dès lors prospérer. | 0 |
9,163 | 65. It is settled case-law that the statement of reasons required by Article 253 EC must disclose in a clear and unequivocal manner the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent Community Court to exercise its power of review. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, in this connection, Case C-367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 63, and Case C-265/97 P VBA v Florimex and Others [2000] ECR I‑2061, paragraph 93). | 94. Il appartiendra également au Tribunal d’ apprécier tant la matérialité du dommage invoqué que le lien de causalité de celui-ci avec la durée excessive de la procédure juridictionnelle litigieuse en procédant à un examen des éléments de preuve fournis à cet effet. | 0 |
9,164 | 60. Article 9 of Directive 98/5, although it does not preclude appeal proceedings being brought before a body which is not a court or tribunal, does not provide that a legal remedy may be open to the person concerned only after all other remedies have been exhausted. In any event, where an appeal before a non-judicial body is provided for by national law, Article 9 requires actual access within a reasonable period (see, by way of analogy, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 180 to 205, 223 and 234) to a court or tribunal as defined by Community law, which is competent to give a ruling on both fact and law. | 182 The first stage, covering the period up to notification of the statement of objections, begins on the date on which the Commission, exercising the powers conferred on it by Articles 11 and 14 of Regulation No 17 in the context of a preliminary investigation, takes measures involving a complaint that an infringement has been committed and having a significant impact on the situation of the suspected undertakings (see, to that effect, with respect to a preliminary investigation in a criminal case, the judgment of the European Court of Human Rights of 16 July 1971 in the case of Ringeisen, Series A No 13, p. 40, paragraph 110; see also the judgment of that court in Corigliano, cited above, paragraph 34, and its judgment of 22 May 1998 in Hozee v Netherlands, Reports of Judgments and Decisions 1998-III, p. 1091, paragraph 43). This stage must enable the Commission, after investigation, to adopt a position on the course which the procedure is to follow. | 1 |
9,165 | 64
In accordance with settled case-law, the European Union may incur non-contractual liability under the second paragraph of Article 340 TFEU only if a number of conditions are fulfilled, namely the unlawfulness of the conduct alleged against the EU institution, the fact of damage and the existence of a causal link between the conduct of the institution and the damage complained of (judgment of 14 October 2014, Giordano v Commission, C‑611/12 P, EU:C:2014:2282, paragraph 35 and the case-law cited). | 8 THIS PROHIBITION HOWEVER DOES NOT AFFECT THE COMPOSITION OF SPORT TEAMS, IN PARTICULAR NATIONAL TEAMS, THE FORMATION OF WHICH IS A QUESTION OF PURELY SPORTING INTEREST AND AS SUCH HAS NOTHING TO DO WITH ECONOMIC ACTIVITY . | 0 |
9,166 | 29. According to settled case-law, the principles of equal treatment and non-discrimination require that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (see, in particular, Case C-354/95 National Farmers’ Union and Others [1997] ECR I-4559, paragraph 61; Case C-152/09 Grootes [2010] ECR I-11285, paragraph 66; and Case C-236/09 Association belge des Consommateurs Test-Achats and Others [2011] ECR I-773, paragraph 28). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,167 | 71. As a preliminary point, it should be noted that the General Court was right to point out that the review it carries out under Article 63 of Regulation No 40/94 is a review of the legality of the decisions of the Boards of Appeal of OHIM and that it may annul or alter a decision against which an action has been brought only if, at the time the decision was adopted, it was vitiated by one of the grounds for annulment or alteration set out in Article 63(2) of that regulation (Case C‑16/06 P Les Éditions Albert René v OHIM [2008] ECR I‑10053, paragraph 123). | 27. La régularité de cette procédure constitue ainsi une garantie essentielle voulue par le traité CE pour assurer la protection des droits de l’État membre en cause. C’est seulement quand cette garantie est respectée que la procédure contradictoire devant la Cour peut permettre à celle-ci de juger si l’État membre a effectivement manqué aux obligations dont la violation est alléguée par la Commission (voir, notamment, arrêts du 5 juin 2003, Commission/Italie, C‑145/01, Rec. p. I‑5581, point 17, et du 8 avril 2008, Commission/Italie, précité, point 20). | 0 |
9,168 | 49 As to the Protocol of amendment to the European Convention for the Protection of Animals kept for Farming Purposes, that protocol has not yet entered into force and thus has no binding effect. As to the Recommendation concerning Cattle of 1988, while the Court has already held that it does not contain legally binding obligations for the Community (Case C-1/96 R v Minister of Agriculture, Fisheries and Food, ex parte Compassion in World Farming [1998] ECR I-1251, paragraph 36), it is an act adopted on the basis of a convention approved by the Community, and as such may be of use in interpreting the provisions of the convention (see Case C-188/91 Deutsche Shell v Hauptzollamt Hamburg-Harburg [1993] ECR I-363, paragraph 18). | 36 Secondly, even if the provisions of the Recommendation and of its appendix relating to housing for cattle and their diet may be more precise than those of the Convention, a document of that kind nevertheless does not contain legally binding obligations for the Contracting Parties and therefore for the Community. | 1 |
9,169 | 81
Although it is true that those managers may in principle calculate the amount of the charge, using a charging system applying to all the railway undertakings, they could not achieve such optimal use by means of the charging system if they run the risk, at any time, of a civil court determining, in equity, under Paragraph 315 of the BGB, the charge applicable to a single railway undertaking which is party to the proceedings, the determination of that charge by that court thus restricting the infrastructure manager’s discretion to an extent incompatible with the objectives pursued by Directive 2001/14 (see, to that effect, judgment of 3 October 2013, Commission v Italy, C‑369/11, EU:C:2013:636, paragraph 43). | 17 It is clear from the foregoing that whilst the effects of a judgment of the Court providing an interpretation normally date back to the time at which the rule interpreted came into force, it is also necessary, if that interpretation is to be applied by the national court to facts predating that judgment, for the detailed procedural rules governing legal proceedings under national law to have been complied with as regards matters both of form and of substance. | 0 |
9,170 | 29 The national court therefore accepted that Article 281 of the Civil Code could be applied to defeat rights arising under Community law when there was an abuse of rights within the meaning of that provision. However, in view of the attitude taken by the Court of Justice in Case C-441/93 Pafitis and Others v TKE and Others [1996] ECR I-1347, paragraphs 68 to 70 in relation to the same plea raised pursuant to Article 281 of the Civil Code, the national court considered that it was faced with a problem of interpretation of Articles 25(1) and 29(1) of the Second Directive with regard to the plea of abuse of rights. | 82. Accordingly, the essential question when reviewing whether to continue to include a person on the list at issue is whether, since that person was included in that list or since the last review, the factual situation has changed in such a way that it is no longer possible to draw the same conclusion in relation to the involvement of the person at issue in terrorist activities. | 0 |
9,171 | 61. Lastly, as regards the infringement of Article 4(3) TEU, also relied on by the Commission, there are no grounds for holding that the United Kingdom has failed to fulfil the general obligations under that provision, which is separate from the established failure to fulfil the more specific obligations incumbent upon that Member State under the provisions referred to in the preceding paragraph (see, by analogy, Case C‑392/02 Commission v Denmark , paragraph 69; Case C‑19/05 Commission v Denmark , paragraph 36; and Case C‑334/08 Commission v Italy , paragraph 75). | 51
In the context of such an assessment of the optional ground for non-recognition, the executing judicial authority may thus have regard to the conduct of the person concerned. It is at this stage of the surrender procedure that particular attention might be paid to any manifest lack of diligence on the part of the person concerned, notably where it transpires that he sought to avoid service of the information addressed to him. | 0 |
9,172 | 68. The claim for payment of interest is inadmissible on two grounds. First, it does not satisfy the requirements of Article 112(1)(c) of the Rules of Procedure of the Court of Justice because it does not refer to the provisions or principles of Community law alleged to have been infringed by the Court of First Instance. Second, it must be regarded as a new claim which cannot be presented for the first time in an appeal (see, to that effect, Case C-282/98 P Enso Española v Commission [2000] ECR I-9817, paragraph 62). Before the Court of First Instance, Fresh Marine claimed only that the Commission should be ordered to make good the damage it suffered and to pay the costs. | 26. L’intérêt à un recours en annulation s’apprécie au jour où le recours est formé (voir arrêt Forges de Clabecq/Haute Autorité, 14-63, EU:C:1963:60, p. 748). | 0 |
9,173 | 38. According to the Court ' s case-law, the concept of public service within the meaning of Article 39(4) EC must be given uniform interpretation and application throughout the Community and cannot therefore be left entirely to the discretion of the Member States (see, in particular, Sotgiu , cited above, paragraph 5, and Case 149/79 Commission v Belgium [1980] ECR 3881, paragraphs 12 and 18). | 30. Nevertheless, the adoption of such measures must not neutralise the principle that emission allowances are allocated free of charge; nor may it undermine the objectives pursued by Directive 2003/87. | 0 |
9,174 | 21 The letting of immovable property for the purposes of Article 13B(b) of the Sixth Directive essentially involves the landlord of property assigning to the tenant, in return for rent and for an agreed period, the right to occupy his property and to exclude other persons from it (see, to that effect, Case C-358/97 Commission v Ireland [2000] ECR I-6301, paragraphs 52 to 57, Case C-359/97 Commission v United Kingdom [2000] ECR I-6355, paragraphs 64 to 69; and Case C-326/99 Goed Wonen [2001] ECR I-0000, paragraph 55). | 32. In that regard, it is important not only to ensure that the addressee of a document actually receives the document in question, but also that he is able to know and understand effectively and completely the meaning and scope of the action brought against him abroad, so as to be able effectively to assert his rights in the Member State of transmission (see, to that effect, judgment in Alder , C‑325/11, EU:C:2012:824, paragraphs 36 and 41, and, by analogy as regards Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (OJ 2000 L 160, p. 37), which preceded Regulation No 1393/2007, judgment in Weiss und Partner , C‑14/07, EU:C:2008:264, paragraphs 64 and 73). | 0 |
9,175 | 39. It should be recalled at the outset that, according to settled case-law, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with EU law (see, inter alia, Case C‑334/02 Commission v France [2004] ECR I-2229, paragraph 21; Case C‑104/06 Commission v Sweden [2007] ECR I‑671, paragraph 12, and Case C‑152/05 Commission v Germany [2008] ECR I‑39, paragraph 16). | 27. S’agissant des notes explicatives du SH, il y a lieu d’ajouter que, en dépit du fait qu’elles n’ont pas de force contraignante, elles constituent des instruments importants aux fins d’assurer une application uniforme du tarif douanier commun et fournissent, en tant que telles, des éléments valables pour son interprétation (voir, en ce sens, arrêts Kloosterboer Services, C-173/08, EU:C:2009:382, point 25, et Agroferm, C-568/11, EU:C:2013:407, point 28). | 0 |
9,176 | 30. The Court has ruled that the Member States are not empowered to maintain exclusions from the right to deduct VAT which apply in a general manner to any expenditure related to the acquisition of goods or services (see, to that effect, Case C‑74/08 PARAT Automotive Cabrio [2009] ECR I‑3459, paragraphs 28 and 29, and X Holding and Oracle Nederland , paragraph 44). | 124. Le Tribunal ayant jugé, au point 305 de l’arrêt attaqué, que la Commission n’avait pas pu ouvrir la procédure formelle d’examen avant ladite date à défaut de disposer des informations nécessaires pour ouvrir la procédure formelle d’examen, les Cámaras de Comercio sont recevables à critiquer cette constatation, puisque celle-ci a été effectuée pour la première fois dans l’arrêt attaqué (voir arrêt du 21 février 2008, Commission/Girardot, C‑348/06 P, Rec. p. I‑833, point 50 et jurisprudence citée). En outre, la question de savoir si c’est à bon droit que le Tribunal a fait ladite constatation est liée à celle du caractère raisonnable ou non de la durée de la procédure préliminaire d’examen, qui concerne une question de droit pouvant être soumise au contrôle de la Cour dans le cadre d’un pourvoi et qui, partant, est recevable.
– Sur le fond | 0 |
9,177 | 41 The Court has consistently held in this regard that, where a provision of Community law is open to several interpretations, preference must be given to that interpretation which ensures that the provision retains its effectiveness (see, inter alia, Case 187/87 Saarland and Others v Minister for Industry, Post and Telecommunications and Tourism and Others [1988] ECR 5013, paragraph 19). | 23 It follows that, in issuing the prohibition on administering Clenbuterol to fattening cattle over 14 weeks old and holding, having in stock, buying or selling fattening cattle over 14 weeks old to which that substance has been administered, the Netherlands Government honoured its obligations under Directive 86/469. | 0 |
9,178 | 58. That conclusion is supported by the fact that, since the Community has not only an economic but also a social purpose, the rights under the provisions of the Treaty on State aid and competition must be balanced, where appropriate, against the objectives pursued by social policy, which include, as is clear from the first paragraph of Article 136 EC, inter alia improved living and working conditions, so as to make possible their harmonisation while improvement is being maintained, proper social protection and dialogue between management and labour (see, to that effect, with respect to the Treaty provisions on freedom of establishment, Case C‑438/05 International Transport Workers’ Federation and Finnish Seamen’s Union [2007] ECR I‑10779, paragraph 79). | 40. Il incombe, cependant, à la Cour de vérifier si le Tribunal n’a pas commis une erreur de droit, notamment en ayant refusé d’ordonner des mesures demandées (voir, en ce sens, arrêt du 8 juillet 1999, ICI/Commission, C‑200/92 P, Rec. p. I‑4399, point 59, et ordonnance du 4 octobre 2007, Olsen/Commission, C‑320/05 P, point 64). | 0 |
9,179 | 27. It also follows from settled case-law that the measures prohibited by Article 56(1) EC, as restrictions on the movement of capital, include those that are of such a kind as to discourage non-residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (Case C‑370/05 Festersen [2007] ECR I‑1129, paragraph 24, and Santander Asset Management SGIIC and Others , paragraph 15). | 53. Also, the Finnish Government has not shown how the tax treatment of other categories of income of resident companies and non-resident SICAVs could be relevant for assessing the comparability of those two types of company from the point of view of the exemption from withholding tax on dividends received. | 0 |
9,180 | 35. It should be recalled that in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions referred concern the interpretation of European Union law, the Court is in principle bound to give a ruling (see, inter alia, Case C‑419/04 Conseil général de la Vienne [2006] ECR I-5645, paragraph 19; Case C‑119/05 Lucchini [2007] ECR I-6199, paragraph 43; and Case C‑52/09 TeliaSonera [2011] ECR I-0000, paragraph 15). | 25 FAR FROM INVOLVING A DEPARTURE FROM THESE FUNDAMENTAL RULES, THEREFORE, THE OBJECT OF THE RULES RELATING TO THE COMMON TRANSPORT POLICY IS TO IMPLEMENT AND COMPLIMENT THEM BY MEANS OF COMMON ACTION . | 0 |
9,181 | 38. The Court of First Instance was also correct in stating that the criteria for assessing the distinctive character of three-dimensional shape-of-products marks are no different from those applicable to other categories of trade mark. It none the less observed that, for the purpose of applying those criteria, the relevant public’s perception is not necessarily the same in relation to a three-dimensional mark consisting of the shape and colours of the product itself as it is in relation to a word or figurative mark consisting of a sign which is independent from the appearance of the products it denotes. Average consumers are not in the habit of making assumptions about the origin of products on the basis of their shape or the shape of their packaging in the absence of any graphic or word element and it could therefore prove more difficult to establish distinctiveness in relation to such a three-dimensional mark than in relation to a word or figurative mark (see, to that effect, Linde , paragraph 48, and Case C‑218/01 Henkel [2004] ECR I‑0000, paragraph 52). | 22. That measure, which does not, therefore, concern the monopoly’s exercise of its specific function, accordingly cannot be considered to relate to the very existence of that monopoly. | 0 |
9,182 | 49. Moreover, that article provides in paragraph 8 for an autonomous procedure under which the possible problem of conflicting judgments in the matter may be resolved (see, to that effect, judgments in Rinau , C‑195/08 PPU, EU:C:2008:406, paragraph 63, and Povse , C‑211/10 PPU, EU:C:2010:400, paragraph 56). | 46 On the other hand, national legislation does not constitute a derogation permitted by the second subparagraph of Article 17(6) of the Sixth Directive, and infringes Article 17(2), if its effect is to increase, after the entry into force of the Sixth Directive, the extent of existing exclusions, thus diverging from the objective of that directive (Case C-40/00 Commission v France [2001] ECR I-4539, paragraph 17). | 0 |
9,183 | 25. In that regard, it should be noted that Article 96 of the VAT Directive provides that the same rate of VAT, namely, the standard rate, is applicable to supplies of goods and services. As an exception to that principle, Article 98(1) of the VAT Directive gives the Member States the option of applying either one or two reduced rates of VAT. In accordance with the first subparagraph of Article 98(2), the reduced rates of VAT can apply only to supplies of goods and services in the categories set out in Annex III to the VAT Directive (judgment in K , C‑219/13, EU:C:2014:2207, paragraphs 21 and 22). | 35. In determining injury, the Council and the Commission are under an obligation to consider whether the injury on which they intend to base their conclusions actually derives from the subsidised imports and must disregard any injury deriving from other factors, particularly from the conduct of Community producers themselves (see Case C‑358/89 Extramet Industrie v Council [1992] ECR I‑3813, paragraph 16). | 0 |
9,184 | 31. The Staff Regulations are intended to regulate legal relations between the European institutions and their officials, by establishing a series of reciprocal rights and obligations and by affording certain members of an official’s family rights which they may assert in relation to the European Union (judgment in Johannes , C‑430/97, EU:C:1999:293, paragraph 19). | 76 The Commission points out that the Court of First Instance found, at paragraph 46 of the contested judgment, that ACB was given notice to submit its comments when the procedure was opened, but that it did not avail itself of that opportunity. Such a finding of facts cannot be called in question in an appeal. In such circumstances, the Commission cannot be alleged to have failed to take into account any matters of fact or of law which could have been submitted to it during the administrative procedure, but which were not, since the Commission is not obliged to imagine, of its own motion, what information might have been submitted to it. It refers in that regard to paragraph 60 of Case C-367/95 P Commission v Sytraval and Brink's France [1998] ECR I-1719.
Findings of the Court | 0 |
9,185 | 12 First, the consistent case-law of the Court shows that a directive may not of itself impose obligations on an individual and cannot therefore be relied upon as such against an individual (see, in particular, Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723, paragraph 48; Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, paragraph 6; Case C-91/92 Faccini Dori v Recreb [1994] ECR I-3325, paragraph 20). According to that case-law, however, when applying national law, whether adopted before or after the directive, the national court that has to interpret that law must do so, as far as possible, in the light of the wording and the purpose of the directive so as to achieve the result it has in view and thereby comply with the third paragraph of Article 189 of the EC Treaty. | 35. Dans la mesure où la Commission chercherait ainsi à établir que la République de Pologne a manqué à son devoir de coopération loyale découlant de l’article 4, paragraphe 3, TUE, il y a lieu de rappeler qu’il découle de la jurisprudence de la Cour qu’il incombe à la Commission d’indiquer, dans les conclusions de la requête déposée au titre de l’article 258 TFUE, les griefs précis sur lesquels la Cour est appelée à se prononcer (voir, en ce sens, arrêt Commission/Espagne, C‑154/08, EU:C:2009:695, point 60). Dès lors que ce grief ne ressort ni explicitement, ni implicitement des conclusions de la requête, il doit être rejeté comme irrecevable.
– Sur le grief de la Commission, en ce qu’il concerne les positions 81, point 3, 82, 92, 103 et 104 de l’annexe n° 3 de la loi sur la TVA | 0 |
9,186 | 27. As is confirmed by the second subparagraph of Article 22(2) of Regulation No 1408/71, the sole purpose of Article 22(1)(c)(i) of that regulation is to confer on the insured person granted authorisation by the competent institution the right to have access to ‘treatment’ in another Member State on conditions for reimbursement as favourable as those enjoyed by patients covered by the legislation of that other State (see Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraph 32; Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 21; and Case C‑372/04 Watts [2006] ECR I-0000, paragraph 135). | 39. Cependant, la Cour a également jugé que les exigences de la sécurité publique doivent, notamment en tant que dérogation au principe fondamental de la libre circulation des capitaux, être entendues strictement, de sorte que leur portée ne saurait être déterminée unilatéralement par chacun des États membres sans contrôle des institutions de la Communauté européenne. Ainsi, la sécurité publique ne saurait être invoquée qu’en cas de menace réelle et suffisamment grave, affectant un intérêt fondamental de la société (voir, notamment, arrêt du 14 mars 2000, Église de scientologie, C-54/99, Rec. p. I‑1335, point 17). | 0 |
9,187 | 80. However, contrary to the allegations of Inalca and Cremonini, damage is considered to be ongoing in nature due to the fact that the amount of the alleged damage increases in proportion to the number of days which have elapsed (Case C-282/05 P Holcim (Deutschland) v Commission , paragraph 35). | 33. Since its basis for assessment is the quota attributed to the undertakings, that charge enables the European Union budget to obtain revenues which are stable in that they are not dependent on the quantities actually produced or any withdrawals from the market. Moreover, that determination of the basis for assessment of that charge enables those revenues to be levied during the marketing year, as provided for in Article 16(3) of Regulation No 318/2006. | 0 |
9,188 | 39. The Austrian Government ' s argument that, in the absence of a mathematically certain method of calculating tolls or user charges, Articles 7(b) of Directive 93/89 and 7(4) of Directive 1999/62 may not be relied upon cannot be accepted. According to the Court ' s settled case-law, discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (see, in particular, Commission v Austria , paragraph 70). That criterion is sufficient to establish whether the prohibition of discrimination laid down in those provisions has been infringed in the case in the main proceedings, by making a comparison of the tolls charged for the various journeys under consideration ( Commission v Austria , paragraphs 79 to 88, 112 and 115). | 20 In that regard, it is apparent from the Court's case-law that the derogation in question must be restricted to activities which in themselves are directly and specifically connected with the exercise of official authority (see, in particular, paragraph 35 of the judgment in Commission v Spain and paragraph 25 of the judgment in Commission v Belgium, cited above). The Court has also held that the activities of undertakings providing caretaking and security services are not normally directly and specifically connected with the exercise of official authority (Commission v Belgium, paragraph 26; see also Commission v Spain, paragraph 39). | 0 |
9,189 | 70. À cet égard, il convient de rappeler que, selon une jurisprudence constante de la Cour, les dispositions du traité FUE relatives à la libre prestation des services et à la liberté d’établissement ne sont pas applicables à des activités dont l’ensemble des éléments pertinents se cantonnent à l’intérieur d’un seul État membre (voir, en ce sens, arrêts du 16 janvier 1997, USSL n o 47 di Biella, C‑134/95, Rec. p. I‑195, point 19; du 22 décembre 2010, Omalet, C‑245/09, Rec. p. I‑13771, point 12, ainsi que du 20 juin 2013, Impacto Azul, C‑186/12, point 19). | 24 The second submission is that the contested decision constitutes a misuse of procedure and a misuse of powers . | 0 |
9,190 | 28. Before replying to that question, it should be noted, first, that according to the case-law of the Court, the economic activities referred to in Article 4(1) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1, ‘Sixth Directive’), which is in essence identical to the first subparagraph of Article 9(1) of Directive 2006/112, may consist in several consecutive transactions and that preparatory acts, such as the acquisition of business assets and therefore the purchase of immovable property, must themselves be treated as constituting economic activity (see, inter alia, Case 268/83 Rompelman [1985] ECR 655, paragraph 22, and Case C‑110/94 INZO [1996] ECR I‑857, paragraph 15). | 15 In Rompelman the Court held, at paragraph 22, that the economic activities referred to Article 4(1) may consist in several consecutive transactions and that preparatory acts, such as the acquisition of business assets and therefore the purchase of immovable property, must themselves be treated as constituting economic activity. | 1 |
9,191 | 86. In this respect, the Court has had occasion to rule that the exception in the first paragraph of Article 45 EC does not extend to certain activities that are auxiliary or preparatory to the exercise of official authority (see, to that effect, Thijssen , paragraph 22; Commission v Spain , paragraph 38; Servizi Ausiliari Dottori Commercialisti , paragraph 47; Commission v Germany , paragraph 38; and Commission v Portugal , paragraph 36), or to certain activities whose exercise, although involving contacts, even regular and organic, with the administrative or judicial authorities, or indeed cooperation, even compulsory, in their functioning, leaves their discretionary and decision-making powers intact (see, to that effect, Reyners , paragraphs 51 and 53), or to certain activities which do not involve the exercise of decision-making powers (see, to that effect, Thijssen , paragraphs 21 and 22; Case C‑393/05 Commission v Austria , paragraphs 36 and 42; Commission v Germany , paragraphs 38 and 44; and Commission v Portugal , paragraphs 36 and 41), powers of constraint (see, to that effect, inter alia, Commission v Spain , paragraph 37) or powers of coercion (see, to that effect, Case C‑47/02 Anker and Others [2003] ECR I‑10447, paragraph 61, and Commission v Portugal , paragraph 44). | 82. It is therefore necessary for the Court to determine whether the prohibition on Community operators accepting landings, placing in cages for fattening or farming and transhipments in Community waters or ports of bluefin tuna caught from 16 or 23 June 2008 by purse seiners in the Atlantic Ocean, east of longitude 45°W, and the Mediterranean was not manifestly inappropriate. | 0 |
9,192 | 46. The Court has consistently held that for an appellant to have an interest in bringing proceedings the appeal must be capable, if successful, of procuring an advantage to the party bringing it (judgment in France v People’s Mojahedin Organization of Iran , C‑27/09 P, EU:C:2011:853, paragraph 43 and case-law cited). | 42. Consequently, the provisions of the Rome Convention do not form part of the legal order of the European Union. | 0 |
9,193 | 56. It is important to ensure that economic operators cannot improperly appropriate for themselves certain signs which only incorporate a technical solution, registration of which as a trade mark would impede the use of that technical solution by other undertakings (see, to that effect, Lego Juris v OHIM , paragraph 48). | 34. On the other hand, as the Court has also stated, any national of a Member State, irrespective of his place of residence and his nationality, who has exercised the right to freedom of movement for workers and who has been employed in another Member State, falls within the scope of those provisions (see in particular, to that effect, Case C‑419/92 Scholz [1994] ECR I‑505, paragraph 9; Terhoeve , paragraph 27, and Case C‑212/05 Hartmann [2007] ECR I‑6303, paragraph 17). | 0 |
9,194 | 45. It follows that, in proceedings before the national courts, every party has the right to plead before the court hearing the case the illegality of the provisions contained in legislative acts of the European Union which serve as the basis for a decision or act of national law relied upon against him and to prompt that court, which does not have jurisdiction itself to make a finding of such illegality, to put that question to the Court by means of a reference for a preliminary ruling (see, to that effect, Cases C‑239/99 Nachi Europe [2001] ECR I‑1197, paragraph 35, and Unión de Pequeños Agricultores v Council , paragraph 40). | 16 Those considerations are equally applicable to courses given in an institute of higher education which is financed, essentially, out of public funds. | 0 |
9,195 | 41 Finally, it should be noted that in the absence of Community provisions, Member States are free to chose the modes of proof of the various matters defined in the directives which they transpose, provided that the effectiveness of Community law is not thereby undermined (see in particular, in that regard, Joined Cases 205/82 to 215/82 Deutsche Milchkontor and Others v Germany [1983] ECR 2633, paragraphs 17 to 25 and 35 to 39; Case 222/82 Marguerite Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraphs 17 to 21; and Case C-212/94 FMC and Others v Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries and Food [1996] ECR I-389, paragraphs 49 to 51). | 18 Moreover, the effect of Article 1(c) and (d) is that the directive applies only to regulated professions and that where the conditions for taking up or pursuing a professional activity are directly or indirectly governed by legal provisions, whether laws, regulations or administrative provisions, that activity constitutes a regulated profession. | 0 |
9,196 | 36
Second, as regards, more specifically, EUIPO’s obligations, the Court has held that, where an application for an EU trade mark to be declared invalid is based on an earlier right protected by a rule of national law, the competent EUIPO bodies must first assess the authority and scope of the particulars submitted by the applicant in order to establish the content of that rule (judgments of 5 July 2011, Edwin v OHIM, C‑263/09 P, EU:C:2011:452, paragraph 51, and of 27 March 2014, OHIM v National Lottery Commission, C‑530/12 P, EU:C:2014:186, paragraph 35). In addition, since the decision of the competent EUIPO bodies may have the effect of depriving the proprietor of the trade mark of a right that has been granted to him, the scope of such a decision necessarily implies that the authority which takes it is not limited to the role of mere validation of the national law as submitted by the applicant for a declaration of invalidity (judgment of 27 March 2014, OHIM v National Lottery Commission, C‑530/12 P, EU:C:2014:186, paragraph 43). | Certes, la Cour a également jugé qu’il n’appartient pas au juge de l’Union, dans le cadre de ce contrôle, de substituer son
appréciation économique à celle de la Commission et que le contrôle que les juridictions de l’Union exercent sur les appréciations
économiques complexes faites par la Commission est un contrôle restreint qui se limite nécessairement à la vérification du
respect des règles de procédure et de motivation, de l’exactitude matérielle des faits ainsi que de l’absence d’erreur manifeste
d’appréciation et de détournement de pouvoir (arrêt du 2 septembre 2010, Commission/Scott, C‑290/07 P, EU:C:2010:480, point
66). | 0 |
9,197 | 26 According to established case-law, it is necessary to determine whether the increased reductions under the Maribel bis/ter scheme entail advantages accruing exclusively to certain undertakings or certain sectors and do not therefore fulfil the condition of specificity which constitutes one of the characteristics of the concept of State aid namely the selective character of the measures in question (see, to this effect, the judgment in France v Commission, cited above, paragraph 24, and Ecotrade, cited above, paragraph 40). | 56 However, that requirement cannot be carried so far as to mean that in every case the statement of complaints in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings has not been extended or altered but simply limited (see, to that effect, Case C-279/94 Commission v Italy, cited above, paragraph 25). | 0 |
9,198 | 16 As part of a construction project, Mr Corsten, a self-employed architect, contracted with an undertaking established in the Netherlands to lay composition floors in Germany. The undertaking entrusted with the work lawfully carried out such work in the Netherlands but was not entered on the Skilled Trades Register in Germany. The undertaking charged a price per square metre for laying composition floors that was considerably lower than the price that would have been charged by German skilled trade undertakings for the same work. | 37 It thus follows that Article 2(3)(b)(ii) of the new basic regulation is in conformity with Article 2(4) of the Anti-Dumping Code inasmuch as, without going against the spirit of the latter provision, it confines itself to setting out, for the various situations which might arise in practice, reasonable methods of calculating the
constructed normal value. | 0 |
9,199 | 16. Finally, the Court held that a requirement for the registration of a vessel to the effect that it must be managed and its operations directed and controlled from within the Member State in which it is to be registered essentially coincides with the actual concept of establishment within the meaning of Article 52 et seq. of the Treaty, which implies a fixed establishment (paragraph 34). It pointed out, however, that such a requirement would not be compatible with those provisions if it had to be interpreted as precluding registration in the event that a secondary establishment or the centre for directing the operations of the vessel in the Member State in which the vessel was to be registered acted on instructions from a decision-taking centre located in the Member State of the principal establishment (paragraph 35). | 53. Since it follows from paragraph 11 of this judgment that certain events pertaining to the project for the construction of the S 18 carriageway occurred before the date on which the Republic of Austria acceded to the European Union, it is appropriate, before ruling on the alleged infringement of the Habitats Directive, to consider whether it is applicable to the facts of the dispute which gave rise to the Commission’s action. | 0 |
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