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9,200 | 103. According to the case‑law, the restrictions on capital movements involving establishment or direct investment within the meaning of Article 64(1) TFEU extend not only to national measures which, in their application to capital movements to or from third countries, restrict establishment or investment, but also to those which restrict payments of dividends deriving from them ( Test Claimants in the FII Group Litigation , paragraph 183, and Holböck , paragraph 36). | 22 HOWEVER , IT MUST BE REMEMBERED IN THAT REGARD THAT THE REQUIREMENT THAT A DECISION ADVERSELY AFFECTING A PERSON SHOULD STATE THE REASONS ON WHICH IT IS BASED IS INTENDED TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PERSON CONCERNED WITH DETAILS SUFFICIENT TO ALLOW HIM TO ASCERTAIN WHETHER THE DECISION IS WELL FOUNDED OR WHETHER IT IS VITIATED BY AN ERROR WHICH WILL ALLOW ITS LEGALITY TO BE CONTESTED . IT FOLLOWS THAT THE STATEMENT OF REASONS MUST IN PRINCIPLE BE NOTIFIED TO THE PERSON CONCERNED AT THE SAME TIME AS THE DECISION ADVERSELY AFFECTING HIM AND THAT A FAILURE TO STATE THE REASONS CANNOT BE REMEDIED BY THE FACT THAT THE PERSON CONCERNED LEARNS THE REASONS FOR THE DECISION DURING THE PROCEEDINGS BEFORE THE COURT .
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9,201 | 20. Consequently, the wording of the second sentence of Article 5(6) of the Sixth Directive is to be construed narrowly, in such a way that the purpose of the first sentence thereof is not undermined, while ensuring that the exemption in respect of samples and gifts of small value is not deprived of its effectiveness (see, by analogy, Case C‑284/03 Temco Europe [2004] ECR I‑11237, paragraph 17, and Case C‑434/05 Horizon College [2007] ECR I‑4793, paragraph 16). | 59. However, the sovereignty of the coastal State over the exclusive economic zone and the continental shelf is merely functional and, as such, is limited to the right to exercise the activities of exploration and exploitation laid down in Articles 56 and 77 of the Convention on the Law of the Sea. To the extent that the supply and laying of an undersea cable is not included in the activities listed in those articles, that part of the operation carried out in those two zones is not within the sovereignty of the coastal State. That finding is confirmed by Articles 58(1) and 79(1) of the Convention, which permit, subject to certain conditions, any State to lay undersea cables in those zones. | 0 |
9,202 | 40. If the taking of shares does not in itself constitute an economic activity within the meaning of the Sixth Directive, the same must be true of activities consisting in the transfer of such shares (Case C-155/94 Wellcome Trust [1996] ECR I-3013, paragraph 33). | 28 On the other hand, the context in which the contested regulation was adopted is different. Since the publication, on 28 April 1970, of Regulation No 727/70, the traders concerned have been informed of the annual determination of prices and premiums and, therefore, of the possibility of the reduction thereof from one year to the next. Those same traders should also have expected, since the publication of Regulation No 1114/88 on 29 April 1988 and, more particularly with regard to the 1991 harvest, since the publication of Regulation No 1329/90 on 23 May 1990, that the prices and premiums thus determined might be reduced a second time, in proportion to any possible overrun of the MGQ, subject to a ceiling of 15% as compared with the amounts initially fixed. | 0 |
9,203 | 13 Furthermore, the granting of an interest-free loan helps to strengthen the company' s economic potential in so far as it enables the company to have capital available without having to bear its cost. It must therefore be regarded as likely to increase the value of the company' s shares (Case C-249/89 Trave Schiffahrts-Gesellschaft, cited above, paragraph 14). | 12 AS IS CLEAR FROM THE PREAMBLES TO THE RELEVANT COUNCIL REGULATIONS , THE AIM OF SUSPENDING THE AUTONOMOUS COMMON CUSTOMS TARIFF DUTIES PURSUANT TO ARTICLE 28 OF THE EEC TREATY IS TEMPORARILY TO MEET THE NEEDS OF THE USER INDUSTRIES OF THE COMMUNITY . IN ADOPTING SUCH PROVISIONS THE COUNCIL MUST TAKE ACCOUNT NOT ONLY OF THOSE NEEDS BUT ALSO OF THE REQUIREMENTS OF LEGAL CERTAINTY AND OF THE DIFFICULTIES CONFRONTING NATIONAL CUSTOMS ADMINISTRATIONS OWING TO THE WIDE RANGE AND COMPLEXITY OF THE TASKS WHICH THEY MUST CARRY OUT .
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9,204 | 56 Moreover, the proposal for a regulation submitted by the Commission for the implementation of Decision No 3/80 in the Community contains no provision concerning the application of Article 3(1), which is taken word for word from Regulation No 1408/71, whose implementing regulation, No 574/72, likewise contains no measures for giving effect to that provision. | 72. As regards, in the first place, the context in which the Law establishing the Land Berlin transitional system was adopted, it should be noted that, according to the requests for a preliminary ruling, even before the judgment in Hennigs and Mai (EU:C:2011:560) was delivered, the competent national legislative authorities repealed the old version of the BbesG and, in order to eliminate the discrimination on grounds of age which flawed that legislation, reformed the system for the remuneration of federal civil servants and those of Land Berlin. | 0 |
9,205 | 39. The Court must consider whether or not there has been a failure to fulfil obligations as alleged, without its being part of its role to take a view on the Commission’s exercise of its discretion (see Case C‑474/99 Commission v Spain [2002] ECR I‑5293, paragraph 25, and Commission v Luxembourg , paragraph 67). | 29 Nor is that conclusion affected by the fact, cited by the applicants in the main proceedings and not denied by the Netherlands Government, that every capital company is presumed to own an undertaking for the purposes of the relevant Netherlands legislation. In the first place, that presumption does not extend to "shell" companies, or, in other words, those which do not have any assets and thus no longer carry on any activity. Secondly, the applicants in the main proceedings do not deny that any company formation in principle envisages the operation of an undertaking but deduce from the correspondence between, on the one hand, the formation of a company and, on the other, the operation of an undertaking, that the levy at issue must be regarded as being due by virtue of the company registration itself. The fact that every capital company in principle owns an undertaking cannot alter the event giving rise to the tax, which, on that hypothesis also, consists in the registration of the undertaking itself. | 0 |
9,206 | 53. It is true that the intention of the provisions of Regulation No 1408/71 determining the legislation applicable to employed and self-employed persons moving within the European Union is that those persons should in principle be subject to the social security scheme of one Member State only, so as to avoid the application of more than one national legislation and the complications that might ensue (see, inter alia, Case 302/84 Ten Holder [1986] ECR 1821, paragraphs 19 and 20, and Case C‑16/09 Schwemmer [2010] ECR I‑0000, paragraph 40). That principle of a single social security scheme finds expression in particular in Article 13(1) of Regulation No 1408/71 (see, to that effect, Case C‑227/03 van Pommeren-Bourgondiën [2005] ECR I‑6101, paragraph 38, and Case C‑352/06 Bosmann [2008] ECR I‑3827, paragraph 16). | 40. It should be recalled that the aim of the provisions of Regulation No 1408/71 which determine the legislation applicable to workers moving within the Community is in particular to ensure that the persons concerned shall, in principle, be subject to the social security scheme of only one Member State in order to prevent more than one system of national legislation from being applicable and to avoid the complications which may result from that situation. That principle is expressed in particular in Article 13(1) of Regulation No 1408/71 (see to that effect, inter alia, Case 302/84 Ten Holder [1986] ECR 1821, paragraphs 19 and 20, and Bosmann , paragraph 16). | 1 |
9,207 | 83. However, even if it is accepted that that is the real scope of the fifth question (see, to that effect, Case C-107/98 Teckal [1999] ECR I-8121, paragraphs 34 and 39), it is necessary to state that, as the Advocate General also observed in points 99 and 100 of her Opinion, there is nothing in the order for reference to suggest that the dispute in the main proceedings relates to an issue concerning either the obligation to give prior notice to the consumer with regard to any change in the annual rate of interest or the restitution of goods to the creditor which gives rise to unjustified enrichment of the latter. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,208 | 30 Furthermore, the second paragraph of Article 136 of the Treaty authorises the Council to adopt decisions concerning the association on the basis of the experience acquired and of the principles set out in the Treaty. It follows that whilst the Council, when adopting such decisions, must take account of the principles embodied in Part Four of the Treaty, and in particular of the experience acquired, it must also take into account the other principles of Community law, including those relating to the common agricultural policy (Antillean Rice Mills, cited above, paragraphs 36 and 37).
The possibility of reviewing the OCT Decision after the first five years of its application (seventh and ninth questions) | 83. Par conséquent, sans qu’il soit besoin, en l’espèce, de se prononcer sur la question de la légalité de l’application de l’encadrement de 2001, faite par la Commission conformément au point 82 de celui-ci, au projet d’aide en faveur de Ferriere qui lui avait été notifié antérieurement à la publication de cet encadrement, il convient d’admettre que le Tribunal a correctement jugé, au point 80 de l’arrêt attaqué, que la Commission n’avait pas tiré du nouvel encadrement des principes et des critères d’appréciation qui auraient modifié son analyse de l’aide notifiée et que, dans ces circonstances spécifiques, une nouvelle consultation des intéressés, n’étant pas susceptible de changer le sens de la décision litigieuse, ne s’imposait pas. | 0 |
9,209 | 80. The first condition entails, first of all, adoption of the project by a specific legislative act. It should be pointed out in this regard that the terms ‘project’ and ‘development consent’ are defined in Article 1(2) of Directive 85/337. Thus, a legislative act adopting a project must, if it is to come within the scope of Article 1(5) of the directive, be specific and display the same characteristics as a development consent of that kind. It must in particular grant the developer the right to carry out the project (see WWF and Others , paragraph 58; Boxus and Others , paragraph 38; and Solvay and Others , paragraph 32). | 66. S’agissant des conséquences à tirer du constat d’une irrégularité résultant d’une telle pratique abusive, l’article 4, paragraphe 3, du règlement n o 2988/95, dont la portée est générale, énonce que «[l]es actes pour lesquels il est établi qu’ils ont pour but d’obtenir un avantage contraire aux objectifs du droit communautaire applicable en l’espèce, en créant artificiellement les conditions requises pour l’obtention de cet avantage, ont pour conséquence, selon le cas, soit la non-obtention de l’avantage, soit son retrait» (arrêt du 4 juin 2009, Pometon, C‑158/08, Rec. p. I‑4695, point 27). | 0 |
9,210 | 76. While it is therefore essential that the legal situation resulting from national implementing measures is sufficiently precise and clear to enable the individuals concerned to know the extent of their rights and obligations, it is none the less the case that, according to the very words of the third paragraph of Article 189 of the Treaty, Member States may choose the form and methods for implementing directives which best ensure the result to be achieved by the directives, and that provision shows that the transposition of a directive into national law does not necessarily require legislative action in each Member State. The Court has thus repeatedly held that it is not always necessary formally to enact the requirements of a directive in a specific express legal provision, since the general legal context may be sufficient for implementation of a directive, depending on its content. In particular, the existence of general principles of constitutional or administrative law may render superfluous transposition by specific legislative or regulatory measures provided, however, that those principles actually ensure the full application of the directive by the national authorities and that, where the relevant provision of the directive seeks to create rights for individuals, the legal situation arising from those principles is sufficiently precise and clear and that the persons concerned are put in a position to know the full extent of their rights and, where appropriate, to be able to rely on them before the national courts (see, inter alia, Case 29/84 Commission v Germany [1985] ECR 1661, paragraphs 22 and 23, and Case C-217/97 Commission v Germany , cited above, paragraphs 31 and 32). | 16 Moreover, in its judgment in the Barber case the Court considered for the first time the question how the unequal treatment arising from the setting of different retirement ages for the two sexes was to be viewed under Article 119. It is established, however, that such a difference does not constitute a particular characteristic of contracted-out occupational schemes; on the contrary, it is to be found in the other types of occupational schemes and has the same discriminatory effects. | 0 |
9,211 | 63. Where national legislation places the heirs of a person who, at the time of death, had the status of resident and those of a person who, at the time of death, had the status of non-resident on the same footing for the purposes of taxing an inherited immovable property which is situated in the Member State concerned, that legislation cannot, without giving rise to discrimination, treat those heirs differently in the taxation of that property so far as concerns the deductibility of charges secured on it. By treating the inheritances of those two categories of persons in the same way (except in relation to the deduction of debts) for the purposes of taxing their inheritance, the national legislature has in fact admitted that there is no objective difference between them in regard to the detailed rules and conditions relating to that taxation which could justify different treatment (see, by analogy, in relation to the right of establishment, Case 270/83 Commission v France [1986] ECR 273, paragraph 20, and Case C‑170/05 Denkavit Internationaal and Denkavit France [2006] ECR I‑11949, paragraph 35; and, in relation to the free movement of capital and inheritance duties, Case C‑43/07 Arens-Sikken [2008] ECR I‑0000, paragraph 57). | 46 First, it must be borne in mind, as noted by the Advocate General at point 60 of his Opinion, that there is a deficit within the meaning of the basic regulation where the total available production falls short of consumption. Available production must be taken to mean the total quantities of A sugar and B sugar plus the carry forward of C sugar effected in accordance with the Community rules. | 0 |
9,212 | 35. Therefore, where the competent tax authority has the information necessary to establish that the taxable person is, as the recipient of marketing services, liable to VAT, it cannot impose, in relation to the right of that taxable person to deduct input tax, additional conditions which may have the effect of rendering that right ineffective for practical purposes (see Joined Cases C‑95/07 and C‑96/07 Ecotrade [2008] ECR I‑3457, paragraph 64, and Case C‑392/09 Uszodaépítő [2010] ECR I‑0000, paragraph 40). | 52. En outre, ainsi que la Commission l’a précisé dans ses écrits, le régime d’autorisation préalable instauré par les dispositions du paragraphe 1, second alinéa, de la quatorzième fonction modifiée ne permet pas d’assurer dans tous les cas que la sécurité de l’approvisionnement en énergie soit garantie si une menace réelle et suffisamment grave pour cet approvisionnement surgit après que l’autorisation de l’opération concernée a été délivrée. | 0 |
9,213 | 17. The Court may, 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 under Article 61 of its Rules of Procedure, if it considers that it lacks sufficient information or that the case must be dealt with on the basis of an argument which has not been debated between the parties (see the order of 4 February 2000 in Case C-17/98 Emesa Sugar [2000] ECR I‑665, paragraph 18, and Case C-210/03 Swedish Match [2004] ECR I‑11893, paragraph 25). | 38. En l’occurrence, il n’est pas contesté que, au terme du délai fixé dans l’avis motivé, au regard duquel doit être apprécié le prétendu manquement d’État (voir, notamment, arrêt du 14 octobre 2010, Commission/Autriche, C‑535/07, Rec. p. I‑9483, point 22), les actions 8, 11 et 21 n’avaient pas été menées à bien. S’agissant de l’action 17, il découle de la réponse de la République hellénique que le plan de gestion du parc national des lacs Koroneia-Volvi, bien qu’ayant été établi par l’organisme de gestion de ces lacs, n’a pas encore été approuvé par l’autorité compétente. En ce qui concerne l’action 18, à supposer même que, ainsi que le soutient la République hellénique, elle ait été achevée, cet État membre ne conteste pas l’affirmation de la Commission selon laquelle cette action n’a pas été menée à terme dans le délai fixé dans l’avis motivé. Quant à l’action 20, sans qu’il soit besoin de se prononcer sur le nombre de forages devant être fermés, il n’est pas contesté que tous les forages devant, selon ledit État, être fermés ne l’avaient pas été dans le délai imparti. Par ailleurs, la République hellénique reconnaît que des agriculteurs, profitant de l’assèchement du lac, ont occupé 13 ha des terres qui en faisaient jadis partie. | 0 |
9,214 | 23. Exemptions constitute independent concepts of Community law which must be placed in the general context of the common system of VAT introduced by the Sixth Directive (see in particular Case 235/85 Commission v Netherlands [1987] ECR 1471, paragraph 18; Case C-2/95 SDC [1997] ECR I-3017, paragraph 21; and Case C-141/00 Küg ler [2002] ECR I-6833, paragraph 25). | 60. Such a difference in treatment cannot be explained by an objective difference in situation. In terms of legislation of a Member State which seeks to tax capital gains generated within its territory, the situation of a taxable person who reinvests those capital gains for the purpose of acquiring a replacement asset intended for a permanent establishment located within the territory of another Member State is, as regards the taxation of the capital gains which were generated in the first of those Member States prior to that reinvestment, similar to that of a taxable person who reinvests them in order to acquire a replacement asset intended for a permanent establishment located within the territory of that Member State. | 0 |
9,215 | 39. First, regarding the nature of those elements, the Court has held inter alia that it is only in the light of the documents relating to animal health referred to in Article 5(2) of Regulation No 615/98, the reports on the checks referred to in Article 4 of that regulation and/or other elements at its disposal concerning compliance with Article 1 of the regulation and having a bearing on animal welfare that the competent authority may conclude that Directive 91/628 has not been complied with (see Viamex Agrar Handel and ZVK , paragraphs 39 to 41). | 22 Concerning the Belgian Government's letter of 23 August 1999, it should be recalled that, under consistent case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-316/96 Commission v Italy [1997] ECR I-7231, paragraph 14). | 0 |
9,216 | 121. In order to establish the selective nature of the contested measures, it is not necessary for the competent national authorities to have a discretionary power in the application of the tax deduction at issue (see Case C-75/97 Belgium v Commission , paragraph 27) even if the existence of such a power may enable the public authorities to favour certain undertakings or productions to the detriment of others and, therefore, to establish the existence of aid within the meaning of Articles 4(c) CS or 87 EC. | 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 |
9,217 | 48. If the result required under EU law cannot be achieved by adopting a consistent interpretation of the domestic law, the national court is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation (see, to that effect, judgments in Simmenthal , 106/77, EU:C:1978:49, paragraph 24; Berlusconi and Others , C‑387/02, C‑391/02 and C‑403/02, EU:C:2005:270, paragraph 72; Pupino , C‑105/03, EU:C:2005:386, paragraph 43; and Melki and Abdeli , C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 43). | 108. Any activity consisting in offering goods or services on a given market is an economic activity (see, in particular, Case C-35/96 Commission v Italy [1998] ECR I-3851, paragraph 36, and Joined Cases C-180/98 to C-184/98 Pavlov and Others [2000] ECR I‑6451, paragraph 75). | 0 |
9,218 | 37. If follows that, as the Advocate General observed in essence in point 37 of her Opinion, although mineral oils used other than as motor fuel or heating fuel fell within the scope of Directive 92/81 – since, as the Court held in paragraphs 30 and 33 of Commission v Italy, it was compulsory for those products to be exempted from the harmonised excise duty – it was the intention of the Community legislature, on the occasion of the adoption of Directive 2003/96, to change that arrangement by excluding such products from the scope of that directive. That fact, moreover, was acknowledged by Fendt itself at the hearing. | 40. Le caractère cumulatif de ces conditions implique que, dès lors que l’une d’entre elles n’est pas remplie, le recours en indemnité doit être rejeté dans son ensemble sans qu’il soit nécessaire d’examiner les autres conditions (voir arrêts du 9 septembre 1999, Lucaccioni/Commission, C‑257/98 P, Rec. p. I‑5251, points 14 et 63; Dorsch Consult/Conseil et Commission, précité, point 54, ainsi que du 8 mai 2003, T. Port/Commission, C‑122/01 P, Rec. p. I‑4261, point 30). | 0 |
9,219 | 60. Cependant, au-delà du cas habituel dans lequel le consommateur moyen perçoit une marque comme un tout, et nonobstant la circonstance selon laquelle l’impression d’ensemble peut être dominée par un ou plusieurs composants d’une marque complexe, il n’est nullement exclu que, dans un cas particulier, une marque antérieure, utilisée par un tiers dans un signe composé comprenant la dénomination de l’entreprise de ce tiers, conserve une position distinctive autonome dans le signe composé, sans pour autant en constituer l’élément dominant (voir arrêt Medion, EU:C:2005:594, point 30). | 13 It is normally for the person alleging facts in support of a claim to adduce proof of such facts. Thus, in principle, the burden of proving the existence of sex discrimination as to pay lies with the worker who, believing himself to be the victim of such discrimination, brings legal proceedings against his employer with a view to removing the discrimination. | 0 |
9,220 | 29. Since the Treaty provisions on the free movement of capital are applicable and provide specific rules on non-discrimination, Article 18 TFEU is not applicable to the main proceedings (see Hollmann , paragraph 29, and Missionswerk Werner Heukelbach , paragraph 19). | 36 On this point, it must be remembered that the letter of formal notice from the Commission to the Member State and then the reasoned opinion issued by the Commission delimit the subject-matter of the dispute, which thus cannot thereafter be extended. The opportunity for the State concerned to be able to submit its observations, even if it chooses not to avail itself thereof, constitutes an essential guarantee intended by the Treaty, adherence to which is an essential formal requirement of the procedure for finding that a Member State has failed to fulfil its obligations. Consequently, the reasoned opinion and the proceedings brought by the Commission must be based on the same complaints as those set out in the letter of formal notice initiating the pre-litigation procedure (see, in particular, Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 55). | 0 |
9,221 | 21. In accordance with settled case-law, no provision of European Union law requires the Commission, when it orders restitution of aid declared incompatible with the internal market, to fix the precise amount of the aid to be repaid. It is sufficient for the Commission’s decision to include information enabling the recipient to work out himself, without overmuch difficulty, that amount (see, to that effect, Case C‑480/98 Spain v Commission [2000] ECR I-8717, paragraph 25; Mediaset v Commission , paragraph 126; and Case C-81/10 P France Télécom v Commission [2011] ECR I-12899, paragraph 102). | 31. In accordance with Article 1 of Regulation No 1515/2001, the Council may, following a report adopted by the DSB, and depending on the circumstances, repeal or amend the disputed measure or adopt any other special measures which are deemed to be appropriate in the circumstances. | 0 |
9,222 | 48. In the absence of harmonisation of the activities of psychotherapists, the Member States remain, in principle, competent to define the conditions of access to those activities. However, they must, when exercising their powers in this area, respect the basic freedoms, in particular the freedom of establishment guaranteed by Article 43 EC (see, to that effect, Case C‑58/98 Corsten [2000] ECR I‑7919, paragraph 31, and Vlassopoulou , paragraph 9). | 30. In this case, as regards the second essential characteristic of VAT, it must first be observed that, whereas VAT is levied on individual transactions at the marketing stage and its amount is proportional to the price of goods or services supplied, IRAP is, in contrast, a tax charged on the net value of the production of an undertaking in a given period. Its basis of assessment is the difference appearing in the profit and loss account between the ‘value of production’ and the ‘production costs’ as defined by Italian legislation. It includes elements such as variation in stocks, amortisation and depreciation, which have no direct connection with the supply of goods or services as such. In those circumstances, IRAP cannot be considered proportional to the price of goods or services supplied. | 0 |
9,223 | 62. It should be observed, however, first, that the proof required to demonstrate the genuine link must not be too exclusive in nature or unduly favour an element which is not necessarily representative of the real and effective degree of connection between the claimant to reduced transport fares and the Member State where the claimant pursues his studies, to the exclusion of all other representative elements (see, to that effect, D’Hoop , paragraph 39, and Stewart , paragraph 95). | 47. As the Advocate General observes in points 54 and 55 of her Opinion, national legislation which would result in the rights flowing from the employment relationship being reduced in the event of parental leave could discourage workers from taking such leave and could encourage employers to dismiss workers who are on parental leave rather than other workers. This would run directly counter to the aim of the framework agreement on parental leave, one of the objectives of which is to make it easier to reconcile working and family life. | 0 |
9,224 | 34
In addition, it must be stated that, in accordance with settled case-law, a national court which is called upon, within the exercise of its jurisdiction, to apply provisions of EU law, is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national law, and it is not necessary for that court to request or to await the prior setting aside of that provision of national law by legislative or other constitutional means (see judgments of 20 October 2011, Interedil, C‑396/09, EU:C:2011:671, paragraph 38 and the case-law cited; of 4 June 2015, Kernkraftwerke Lippe-Ems, C‑5/14, EU:C:2015:354, paragraph 32 and the case-law cited, and of 5 April 2016, PFE, C‑689/13, EU:C:2016:199, paragraph 40 and the case-law cited). | 46. Thus, the concept of ‘due cause’ is intended, not to resolve a conflict between a mark with a reputation and a similar sign which was being used before that trade mark was filed or to restrict the rights which the proprietor of that mark is recognised as having, but to strike a balance between the interests in question by taking account, in the specific context of Article 5(2) of Directive 89/104 and in the light of the enhanced protection enjoyed by that mark, of the interests of the third party using that sign. In so doing, the claim by a third party that there is due cause for using a sign which is similar to a mark with a reputation cannot lead to the recognition, for the benefit of that third party, of the rights connected with a registered mark, but rather obliges the proprietor of the mark with a reputation to tolerate the use of the similar sign. | 0 |
9,225 | 27
There is, however, nothing in a combined reading of the provisions of Directive 2003/87 and Decision 2011/278 to indicate that the Commission, in determining the maximum annual quantity of allowances, excluded emissions other than those attributable to electricity generators (see, to that effect, judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraphs 67, 70 and 72 to 76), a point confirmed by recitals 22 and 25 of Decision 2013/448. In particular, those recitals indicate that the Commission gathered information from the Member States and the EFTA countries participating in the EEA on whether the installations could be considered electricity generators or other installations covered by Article 10a(3) of Directive 2003/87. | 12 The Court has already held with reference to the concept of the "provision of services against payment" in Article 2(a) of the Second Directive, whose wording is similar to that of Article 2(1) of the Sixth Directive, that taxable transactions, within the framework of the VAT system, presuppose the existence of a transaction between the parties in which a price or consideration is stipulated. The Court concluded that, where a person' s activity consists exclusively in providing services for no direct consideration, there is no basis of assessment and the services are therefore not subject to VAT (judgment in Case 89/81 Staatssecretaris van Financiën v Hong Kong Trade Development Council [1982] ECR 1277, paragraphs 9 and 10). | 0 |
9,226 | 19. It follows from the case-law of the Court that a reply in favour of the first approach outlined in the question referred for a preliminary ruling may be given only if there is a direct link between the service rendered and the consideration received, the sums paid constituting genuine consideration for an identifiable service supplied in the context of a legal relationship in which performance is reciprocal (see, to that effect, Case 102/86 Apple and Pear Development Council [1988] ECR 1443, paragraphs 11, 12 and 16; Case C‑16/93 Tolsma [1994] ECR I‑743, paragraph 14; Case C‑174/00 Kennemer Golf [2002] ECR I‑3293, paragraph 39; and Case C‑210/04 FCE Bank [2006] ECR I‑2803, paragraph 34). | 22 As the Court held in Case C-279/93 Finanzamt Köln-Altstadt v Schumacker [1995] ECR I-225, paragraph 30, discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations. | 0 |
9,227 | 50
To that end, Article 1(2) of the Framework Decision lays down the rule that Member States are required to execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of that Framework Decision. Except in exceptional circumstances, the executing judicial authorities may therefore refuse to execute such a warrant only in the exhaustively listed cases of non-execution provided for by Framework Decision 2002/584 and the execution of the European Arrest Warrant may be made subject only to one of the conditions listed exhaustively therein. Accordingly, while the execution of the European arrest warrant constitutes the rule, the refusal to execute is intended to be an exception which must be interpreted strictly (see judgment of 29 June 2017, Popławski, C‑579/15, EU:C:2017:503, paragraph 19 and the case-law cited). | 87. Therefore, the addition of vegetable fats other than cocoa butter to cocoa and chocolate products which satisfy the minimum contents required by Directive 73/241 cannot substantially alter the nature of those products to the point where they are transformed into different products. | 0 |
9,228 | 32. It should be noted that those provisions of Spanish law must be assessed in the light of Article 20 of the Charter, on condition that they come within the scope of Directive 2008/94. According to Article 51(1) of the Charter, its provisions are addressed to the Member States only when they are implementing EU law. Under Article 51(2), the Charter does not extend the field of application of EU law beyond the powers of the European Union and does not ‘establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties’. Accordingly, the Court is called upon to interpret, in the light of the Charter, the law of the European Union within the limits of the powers which are conferred on it (Case C‑400/10 PPU McB. EU:C:2010:582, paragraph 51; Case C‑256/11 Dereci and Others EU:C:2011:734, paragraph 71; and Case C‑206/13 Siragusa EU:C:2014:126, paragraph 20). | 42. That national provision is thus aimed at granting compensation for the future, protecting younger workers and facilitating their reintegration into employment, whilst taking account of the need to achieve a fair distribution of limited financial resources in a social plan. | 0 |
9,229 | 77
As regards, in the first place, the seriousness of the infringement, it should be borne in mind, as the Court has held, that the obligation to dispose of waste without endangering human health and without harming the environment is inherent in the key objectives of EU environmental policy as set out in Article 191 TFEU. The failure to comply with the obligation under Article 4 of Directive 2006/12 could, by the very nature of that obligation, endanger human health directly and harm the environment and must be regarded as particularly serious (see judgment of 2 December 2014 in Commission v Greece, C‑378/13, EU:C:2014:2405, paragraph 54). | 33 Thus, the fact that the five-year limitation period begins to run as against the tax authorities on the date on which the return should in principle be made, whereas an individual may exercise his right to deduction only within a period of five years as from the date on which that right arose is not such as to infringe the principle of equality. | 0 |
9,230 | 39 Secondly, the Court takes the view that the rule on special jurisdiction in Article 5(1) of the Brussels Convention is justified by the existence of a particularly close relationship between a dispute and the court best placed, in order to ensure the proper administration of justice and effective organisation of the proceedings, to take cognisance of the matter, and that the courts for the place in which the employee is to carry out the agreed work are best suited to resolving disputes to which the contract of employment might give rise (see, inter alia, Mulox IBC, cited above, paragraph 17, and Rutten, cited above, paragraph 16). | 18 That argument must be rejected . It must be observed that the Commission has shown that the aid in question, which was granted without any specific conditions and solely according to the quantities used, should be regarded as an operating aid to the undertakings concerned and that, as such, it affected trading conditions to an extent contrary to the common interest . The Italian Government has failed to provide any relevant evidence to the contrary . | 0 |
9,231 | 113. With respect to the last-mentioned point, it should, moreover, be noted that the withdrawal of unlawful aid by recovery is the logical consequence of the finding that it is unlawful and that such recovery for the purpose of re-establishing the situation which previously existed cannot, in principle, be regarded as disproportionate to the objectives of the Treaty provisions on State aid (see Case C-372/97 Italy v Commission , paragraph 103 and the case‑law cited there). | 51. Dès lors qu’il ressort du dix-septième considérant de la directive 1999/70 que, en déterminant ce qui constitue un contrat ou une relation de travail en conformité avec le droit et/ou les pratiques nationales, et donc en déterminant le champ d’application de l’accord-cadre, les États membres doivent respecter les exigences de celui-ci, la définition de ces notions ne saurait aboutir à exclure arbitrairement une catégorie de personnes du bénéfice de la protection offerte par la directive 1999/70 et l’accord-cadre (voir, par analogie, arrêt O’Brien, précité, point 51) . | 0 |
9,232 | 33. Although, as PR Aviation states, Article 1(2) of Directive 96/9 confers a wide scope on that concept, unencumbered by considerations of a formal, technical or material nature (see to that effect judgment in Fixtures Marketing , C‑444/02, EU:C:2004:697, paragraphs 20 to 32), the fact remains that the definition in that provision applies, according to the wording of that article, ‘for the purposes of this Directive’. | 71. Consequently, the Court has repeatedly held that a dominant undertaking has a special responsibility not to allow its behaviour to impair genuine, undistorted competition on the internal market (see judgment in Post Danmark , C‑209/10, EU:C:2012:172, paragraph 23 and the case-law cited). | 0 |
9,233 | 103. As to those submissions, while it is clear that a penalty payment is likely to encourage the defaulting Member State to put an end as soon as possible to the breach that has been established (Case C-278/01 Commission v Spain , paragraph 42), it should be remembered that the Commission’s suggestions cannot bind the Court and are only a useful point of reference (Case C-387/97 Commission v Greece , paragraph 89). In exercising its discretion, it is for the Court to set the penalty payment so that it is appropriate to the circumstances and proportionate both to the breach that has been established and to the ability to pay of the Member State concerned (see, to this effect, Case C-387/97 Commission v Greece , paragraph 90, and Case C-278/01 Commission v Spain , paragraph 41). | 23. The right of any individual to claim compensation for such a loss actually strengthens the working of the European Union competition rules, since it discourages agreements or practices, frequently covert, which are liable to restrict or distort competition, thereby making a significant contribution to the maintenance of effective competition in the European Union ( Courage and Crehan EU:C:2001:465, paragraph 27; Manfredi and Others EU:C:2006:461, paragraph 91; Pfleiderer EU:C:2011:389, paragraph 29; Otis and Others EU:C:2012:684, paragraph 42; and Donau Chemie and Others EU:C:2013:366, paragraph 23). | 0 |
9,234 | 63. Nor may that provision be relied on by a Member State to refuse indefinitely to recognise, in relation to a person who has been the object in its territory of a measure withdrawing or cancelling a previous licence issued by that State, the validity of any licence that may subsequently be issued to him by another Member State (see, to that effect, Kapper , paragraph 76, and the orders in Halbritter , paragraph 27, and Kremer , paragraph 29). To accept that a Member State is entitled to rely on its national provisions in order to refuse indefinitely to recognise a licence issued by another Member State would be fundamentally incompatible with the principle of mutual recognition of driving licences which is the linchpin of the system established by Directive 91/439 ( Kapper , paragraph 77, and the orders in Halbritter , paragraph 28, and Kremer , paragraph 30). | 76. According to Article 8(4) of Directive 91/439, a Member State may refuse to recognise the validity of any driving licence issued by another Member State to a person who is the subject in that Member State of one of the measures referred to in paragraph 2 of that article. Given that that provision must be strictly interpreted, it may not be used by a Member State as a basis for refusing indefinitely to recognise, in relation to a person who has been the object in its territory of a measure withdrawing or cancelling a previous licence issued by that State, the validity of any licence that may subsequently be issued to him by another Member State. Where a temporary ban on obtaining a new licence with which the measure in question was coupled has already expired in a Member State, the provisions of Articles 1(2) and 8(4) of Directive 91/439, taken together, preclude that Member State from continuing to refuse to recognise the validity of any driving licence subsequently issued to the person concerned by another Member State. | 1 |
9,235 | 17 The Court has further held in Case C-85/94 Piageme v Peeters [1995] ECR I-2955 (`Piageme II') that Article 14 of the directive precludes a Member State, having regard to the requirement of a language easily understood by purchasers, from requiring the use of the language most widely spoken in the area in which the product is offered for sale, even if the use at the same time of another language is not excluded. | 33. In paragraph 68 of the judgment under appeal, the Court of First Instance erred in law by holding that the limitation period began to run as soon as the bank guarantees were provided. Whilst the claim for damages could no doubt have been brought as soon as the guarantees were provided, since at that time the damage caused by the contested Commission decision was certain as to the grounds and could be determined as to the scope, the period of limitation could not, for its part, begin until the financial loss had in fact materialised, that is, until the bank guarantee charges had begun to run. However, whatever date is used falls well before that on which the Court gave its ruling in the Cement judgment, which the applicant regards as being the starting date of the limitation period. The first part of the first plea in law must be rejected.
The second part, alleging that the damage was ongoing | 0 |
9,236 | 49 Similarly, in Kus, cited above, the Court held that a worker did not fulfil that requirement where a right of residence was conferred on him only by the operation of national legislation permitting residence in the host country pending completion of the procedure for the grant of a residence permit, on the ground that he had been given the right to remain and work in that country only on a provisional basis pending a final decision on his right of residence (paragraph 13). | 33. Thus, what ultimately matters is that, for the grant of the aid, the number of a farmer’s payment entitlements corresponds to an equivalent number of eligible hectares, and not to specific parcels. Article 44(4) of Regulation No 1782/2003 also expressly provides for the possibility for the Member States, in duly justified circumstances, to authorise a farmer to modify his declaration in relation to the parcels corresponding to the eligible area linked to a payment entitlement, on condition that he respects the number of hectares corresponding to his payment entitlements and the conditions for granting the single payment for the area concerned. | 0 |
9,237 | 13. It must be pointed out directly that although the French version of Article 57 suggests that adaptations thereunder must be made prior to accession – ‘avant l’adhésion’ – that temporal restriction is not in fact, as is clear from the other language versions of that provision, placed on recourse to Article 57 but on the date of the acts to be amended (see, to that effect, in respect of the identical provision in the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21, hereinafter ‘the 1994 Act of Accession’), Case C‑259/95 Parliament v Council [1997] ECR I‑5303, paragraphs 12 to 22). | 49
In the third place, Section IV of Chapter VI of Regulation No 604/2013, entitled ‘Procedural safeguards’, sets out at considerable length the arrangements for the notification of transfer decisions and the rules governing the remedies available in respect of such decisions, matters which were not covered with the same degree of detail in Regulation No 343/2003. | 0 |
9,238 | 25
With particular regard to the question whether selective distribution may be considered necessary in respect of luxury goods, it must be recalled that the Court has already held that the quality of such goods is not just the result of their material characteristics, but also of the allure and prestigious image which bestow on them an aura of luxury, that that aura is essential in that it enables consumers to distinguish them from similar goods and, therefore, that an impairment to that aura of luxury is likely to affect the actual quality of those goods (see, to that effect, judgment of 23 April 2009, Copad, C‑59/08, EU:C:2009:260, paragraphs 24 to 26 and the case-law cited). | 32 The answer to the third question must therefore be that the administrators of an occupational pension scheme must, like the employer, comply with the provisions of Article 119 of the Treaty and that a worker who is discriminated against may assert his rights directly against those administrators.
The fourth question | 0 |
9,239 | 20. Consequently, the wording of the second sentence of Article 5(6) of the Sixth Directive is to be construed narrowly, in such a way that the purpose of the first sentence thereof is not undermined, while ensuring that the exemption in respect of samples and gifts of small value is not deprived of its effectiveness (see, by analogy, Case C‑284/03 Temco Europe [2004] ECR I‑11237, paragraph 17, and Case C‑434/05 Horizon College [2007] ECR I‑4793, paragraph 16). | 42. That argument cannot be accepted. | 0 |
9,240 | 118. Furthermore, as the Court has held in previous decisions, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10, and Germany v Commission , paragraph 50). | 57
It should also be recalled that, in setting the amount of fines, regard must be had to the duration of the infringement and to all the factors capable of affecting the assessment of the gravity of that infringement (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 240, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 98). | 0 |
9,241 | 34. At the outset, it should be noted that, as derogations from the rules relating to procedures for the award of public procurement contracts, the provisions of Article 20(2)(c) and (d) of Directive 93/38 must be interpreted strictly and that the burden of proof lies on the party seeking to rely on them ( Commission v Greece , paragraph 33). | 139 IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT ON THE OCCASION OF THE INCREASES OF 1965 AND 1967 THE APPLICANT ACTED IN A SIMILAR FASHION IN ITS RELATIONS WITH ITS SUBSIDIARIES ESTABLISHED IN THE COMMON MARKET . | 0 |
9,242 | 20. First of all, it should be observed that the first sentence of Article 5(8) of the Sixth Directive provides that Member States may, in the event of a transfer of a totality of assets or part thereof, consider that no supply of goods has taken place and that the recipient is the successor to the transferor. It follows that, where a Member State has exercised that option, the transfer of a totality of assets or part thereof is not regarded as a supply of goods for the purposes of the Sixth Directive and, accordingly, is not subject to VAT under Article 2 of that directive (see, to that effect, Case C‑408/98 Abbey National [2001] ECR I‑1361, paragraph 30; Case C‑497/01 Zita Modes [2003] ECR I‑14393, paragraph 29; and Case C‑29/08 SFK [2009] ECR I‑10413, paragraph 36). | 66. If, as stated at paragraph 64 of the present judgment, the applicant for marketing authorisation for product C may refer to the pharmacological, toxicological and clinical documentation in respect of product B, which is the product of the development of the reference product A and essentially similar thereto, apart from the route of administration or the dose, as the case may be, since the differences in those two factors generally imply that products A and B are not bioequivalent (see paragraph 51 of the present judgment), it must, a fortiori , be able to do so where products A and B are distinguishable only by their different bioavailability, even though the route of administration and dose remain unchanged. | 0 |
9,243 | 34. In the absence of harmonisation at EU level, it is, in principle, for the legislation of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme (see, to that effect, judgment in van Pommeren-Bourgondiën , C‑227/03, EU:C:2005:431, paragraph 33, and Bakker , C‑106/11, EU:C:2012:328, paragraph 32). | 66. La condition relative à l’existence d’une impossibilité absolue d’exécution n’est pas remplie lorsque l’État membre défendeur se borne à faire part à la Commission des difficultés juridiques, politiques ou pratiques que présente la mise en œuvre de la décision en cause, sans entreprendre une véritable démarche auprès des entreprises concernées afin de récupérer l’aide et sans proposer à la Commission des modalités alternatives de mise en œuvre de cette décision qui auraient permis de surmonter ces difficultés (arrêt Commission/Italie, EU:C:2013:832, point 37 et jurisprudence citée). | 0 |
9,244 | 26. S’agissant de l’argumentation par laquelle Nature-Balance reproche au Tribunal d’avoir considéré qu’il existait des doutes raisonnables quant à l’efficacité de la tolpérisone, il y a lieu de rappeler que, conformément aux articles 256 TFUE et 58, premier alinéa, du statut de la Cour de justice de l’Union européenne, le pourvoi est limité aux questions de droit et doit être fondé sur des moyens tirés de l’incompétence du Tribunal, d’irrégularités de la procédure suivie devant le Tribunal portant atteinte aux intérêts de la partie requérante ou de la violation du droit de l’Union par le Tribunal (voir, en ce sens, arrêt Commission/Brazzelli Lualdi e.a., C‑136/92 P, EU:C:1994:211, point 47). | 113. However, it should be noted, thirdly, that, by its very nature, such a scheme requires for its proper functioning market mechanisms that are capable of enabling traders — who are subject to the quota obligation and who do not yet possess the certificates required to discharge that obligation — to obtain certificates effectively and under fair terms. | 0 |
9,245 | 39
As noted by the Advocate General in points 98 to 100 of his Opinion, Articles 34 to 36 TFEU do not apply to the main proceedings because, first, all the elements are confined within a single Member State (see, to that effect, judgments of 30 November 1995, Esso Española, C‑134/94, EU:C:1995:414, paragraph 13, and of 15 November 2016, Ullens de Schooten, C‑268/15, EU:C:2016:874, paragraph 47) and, second, the provisions of the LFGB, at issue in the main proceedings, do not have as object or effect disadvantaging exports vis-à-vis internal commerce (see, to that effect, judgment of 16 December 2008, Gysbrechts and Santurel Inter, C‑205/07, EU:C:2008:730, paragraph 40). | 91 THE DECISION IS NOT NECESSARILY REQUIRED TO BE A REPLICA OF THE NOTICE OF COMPLAINTS . | 0 |
9,246 | 48 On this point, the Court has considered that the imposition of such conditions on the person carrying out repackaging is justified by the fact that the essential requirements of the free movement of goods mean that that person is recognized as having certain rights which, in normal circumstances, are reserved for the trade mark owner himself (see Bristol-Myers Squibb, paragraph 68). In formulating those conditions, account was taken of the legitimate interests of the trade mark owner with regard to the particular nature of pharmaceutical products. | 18. Secondly, and unlike the situations giving rise to the judgments in Commission v France (C‑34/98, EU:C:2000:84) and Commission v France (C‑169/98, EU:C:2000:85), the Conseil d’État observed that the levies at issue in the main proceedings are not imposed on employment income and substitute income, thus operating in part as a substitute for social security contributions, but are imposed only on income from the assets of the taxpayer concerned, irrespective of pursuit of a professional activity by that person. | 0 |
9,247 | 48. As Article 6 thereof states, the provisions of that agreement, in so far as they are identical in substance to corresponding rules of the Treaty and to acts adopted in application of that Treaty, must, in their implementation and application, be interpreted in conformity with the relevant rulings of the Court given prior to the date of signature of that agreement. Furthermore, both the Court and the EFTA Court have recognised the need to ensure that the rules of the EEA Agreement which are identical in substance to those of the Treaty are interpreted uniformly (Case C-452/01 Ospelt and Schlössle Weissenberg [2003] ECR I-9743, paragraph 29; Case C-286/02 Bellio F.lli [2004] ECR I‑3465, paragraph 34; see also the judgment of the EFTA Court of 12 December 2003 in Case E-1/03 EFTA Surveillance Authority v Iceland , EFTA Court Report, p. 143, paragraph 27). | 50. Cette obligation de formulation est d’autant plus importante qu’une juridiction nationale est tenue d’apprécier le caractère abusif d’une clause rédigée en violation de celle-ci, quand bien même cette clause pourrait être analysée comme relevant de l’exclusion prévue à l’article 4, paragraphe 2, de la directive 93/13. En effet, il convient de rappeler que les clauses visées par cette disposition, tout en relevant du domaine régi par cette directive, n’échappent à l’appréciation de leur caractère abusif que dans la mesure où la juridiction nationale compétente estime, à la suite d’un examen au cas par cas, qu’elles ont été rédigées par le professionnel de façon claire et compréhensible (arrêt Caja de Ahorros y Monte de Piedad de Madrid, C‑484/08, EU:C:2010:309, point 32, et ordonnance Pohotovosť, C‑76/10, EU:C:2010:685, point 72). | 0 |
9,248 | 36. Accordingly, Clause 5(1) of the Framework Agreement requires, with a view to preventing abuse of successive fixed-term employment contracts or relationships, the effective and binding adoption by Member States of at least one of the measures listed in that provision, where their domestic law does not already include equivalent legal measures. The measures listed in Clause 5(1)(a) to (c), of which there are three, relate, respectively, to objective reasons justifying the renewal of such contracts or relationships, the maximum total duration of successive fixed-term employment contracts or relationships, and the number of renewals of such contracts or relationships (see Angelidaki and Others , paragraphs 74 and 151, and Case C‑3/10 Affatato [2010] ECR I‑0000, paragraphs 43 and 44 and the case-law cited). | 108. Il résulte de l’ensemble des considérations qui précèdent qu’aucun des moyens invoqués par la requérante au soutien de son pourvoi ne saurait être accueilli et, partant, celui-ci doit être rejeté dans son intégralité.
Sur les dépens | 0 |
9,249 | 21 Pecuniary charges under a general system of internal charges applying systematically to domestic and imported products according to the same criteria, on the other hand, are covered by Article 95 et seq. of the Treaty (Celbi, cited above, paragraph 11). Those provisions prohibit a Member State from directly or indirectly imposing on the products of other Member States any internal taxation in excess of that imposed on similar domestic products or of such a nature as to afford protection to other domestic products, and therefore the criterion for the application of Article 95 is whether or not those charges are discriminatory or protective (see in particular Case C-17/91 Lornoy and Others v Belgium [1992] ECR I-6523, paragraph 19). | 52 For another thing, the ecological considerations underlying the national legislation at issue do not justify treating the consumption of natural gas or electricity by undertakings supplying services differently than the consumption of such energy by undertakings manufacturing goods. Energy consumption by each of those sectors is equally damaging to the environment. | 0 |
9,250 | 81. It should be borne in mind that, in a field which has been exhaustively harmonised at Community level, a national measure must be assessed in the light of the provisions of that harmonising measure and not of those of primary law (see Case C-37/92 Vanacker and Lesage [1993] ECR I-4947, paragraph 9, and Case C-324/99 DaimlerChrysler [2001] ECR I-9897, paragraph 32). | 9 In order to reply to the second part of the question, it must be observed, first, that, since the question of the collection of waste oil has been regulated in a harmonized manner at Community level by the directive, any national measure relating thereto must be assessed in the light of the provisions of the directive and not of Articles 30 to 36 of the Treaty. | 1 |
9,251 | 57. The Court has taken such a step only in certain specific circumstances, where there is a risk of serious economic repercussions owing in particular to the large number of legal relationships entered into in good faith on the basis of rules considered to be validly in force, and where it appears that both individuals and national authorities have been led into adopting practices which did not comply with Community law by reason of objective, significant uncertainty regarding the implications of Community provisions, to which the conduct of other Member States or the Commission may even have contributed (Case C‑359/97 Commission v United Kingdom [2000] ECR I‑6355, paragraph 91). | 25 It is appropriate to bear in mind that Directive 96/2 is intended to establish a legislative framework enabling the potential of mobile and personal communications to be exploited by abolishing, as early as possible, exclusive and special rights by removing, for operators of mobile networks, (i) restrictions on the freedom to operate and develop their networks for the purpose of carrying out the activities authorised by their licences or authorisations and (ii) distortions of competition and by allowing those operators control over their cost base. | 0 |
9,252 | 36. The intended use of a product may also constitute an objective criterion for classification if it is inherent to the product, and that inherent character must be capable of being assessed on the basis of the product’s objective characteristics and properties (see Case C-459/93 Thyssen Haniel Logistic [1995] ECR I-1381, paragraph 13). | 65. Il importe d’ajouter que la prétendue «certitude de l’utilisation effective» du CDR‑Q, invoquée par les autorités italiennes, n’est pas un critère pertinent pour exclure définitivement l’action, l’intention ou l’obligation du détenteur du CDR‑Q de s’en défaire. La réutilisation certaine d’un bien ou d’un matériau n’est que l’une des trois conditions nécessaires pour classer ce bien ou ce matériau comme un sous-produit, ainsi que cela ressort du point 48 du présent arrêt et de la jurisprudence qui y est citée. Or, la Cour a souligné que cette jurisprudence n’est pas pertinente en ce qui concerne les résidus de consommation qui ne peuvent pas être considérés comme des sous-produits (arrêt Niselli, précité, point 48). | 0 |
9,253 | 21 In that respect, it is sufficient to note, as the Court declared in Case C-44/89 von Deetzen v Hauptzollamt Oldenburg [1991] ECR I-5119, paragraph 21, that whilst producers who had entered into a non-marketing or conversion undertaking under Regulation No 1078/77 were legitimately entitled to expect to be able to resume the marketing of milk at the end of their non-marketing or conversion period and to carry on that activity under conditions that involved no discrimination between them and other milk producers, they could not thereby expect a common organization of the market to confer on them a commercial advantage which did not derive from their farming activity. | 44. Or, le contrôle technique litigieux est imposé, de manière générale et systématique, pour tous les véhicules précédemment immatriculés dans d’autres États membres, et cela sans tenir aucunement compte d’éventuels contrôles déjà effectués dans ces derniers. Dès lors, ce contrôle, en ce qu’il s’ajoute aux contrôles techniques effectués dans d’autres États membres sans reconnaissance du résultat de ceux-ci, peut dissuader certains intéressés d’importer en Pologne des véhicules d’occasion précédemment immatriculés dans d’autres États membres (voir, par analogie, arrêt Commission/Pays-Bas, précité, point 73). | 0 |
9,254 | 55. It is clear from that case-law of the Court which pre-dates the facts of the main proceedings that working time spent on call or on stand-by where the worker concerned must be physically present at his place of work is included within the concept of ‘working time’ within the meaning of Directive 2003/88 and that, therefore, that concept precludes a period of average weekly working time which, since it includes such periods of time on call or on stand-by, exceeds the maximum weekly limit laid down in Article 6(b) of that directive (see Simap , paragraphs 46 to 52; the order in CIG , paragraphs 33 and 34; and Jaeger , paragraphs 68 to 71, 78 and 79). | 52 The answer to Questions 2(a) to 2(c), 3(a), 3(b) and 4(c) is therefore that time spent on call by doctors in primary health care teams must be regarded in its entirety as working time, and where appropriate as overtime, within the meaning of Directive 93/104 if they are required to be present at the health centre. If they must merely be contactable at all times when on call, only time linked to the actual provision of primary care services must be regarded as working time.
Whether the work is night work (Questions 4(a) and 4(b)) | 1 |
9,255 | 38
The Court has thus held that the fact that the transfer results from unilateral decisions of public authorities rather than from an agreement does not render Directive 2001/23 inapplicable (judgment of 29 July 2010, UGT-FSP, C‑151/09, EU:C:2010:452, paragraph 25 and the case-law cited). | 41 However, since Channel Islanders are British nationals, the distinction between them and other citizens of the United Kingdom cannot be likened to the difference in nationality between the nationals of two Member States. | 0 |
9,256 | 31 Thus, as the Court has recognized on many occasions, the specific subject-matter of a trade mark is in particular to guarantee to the owner that he has the exclusive right to use that trade mark for the purpose of putting a product on the market for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products bearing it illegally (see Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7; Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 7; HAG II, paragraph 14; and IHT Internationale Heiztechnik, paragraph 33). | 25. The principle of equal pay excludes not only the application of provisions leading to direct sex discrimination, but also the application of provisions which maintain different treatment between men and women at work as a result of the application of criteria not based on sex where those differences of treatment are not attributable to objective factors wholly unrelated to sex discrimination (Case 170/84 Bilka-Kaufhaus [1986] ECR 1607, paragraphs 29 and 30, Joined Cases C-399/92, C-409/92, C-425/92, C-34/93, C-50/93 and C-78/93 Helmig and Others [1994] ECR I-5727, paragraph 20, and Case C-285/02 Elsner-Lakeberg [2004] ECR I-5861, paragraph 12). | 0 |
9,257 | 243. It follows that, on the one hand, it is permissible, for the purpose of fixing the fine, to have regard both to the total turnover of the undertaking, which gives an indication, albeit approximate and imperfect, of the size of the undertaking and of its economic power, and to the proportion of that turnover accounted for by the goods in respect of which the infringement was committed, which gives an indication of the scale of the infringement. On the other hand, it follows that it is important not to confer on one or the other of those figures an importance disproportionate in relation to the other factors and, consequently, that the fixing of an appropriate fine cannot be the result of a simple calculation based on the total turnover. That is particularly the case where the goods concerned account for only a small part of that figure (see Musique Diffusion française and Others v Commission , paragraph 121, and Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 111). | 6 A distinction between direct sales to consumers and deliveries to dairies and other undertakings is also drawn at the level of the overall reference quantities allocated to the Member States (hereinafter the "national quotas"). | 0 |
9,258 | 25. In that connection, it must be recalled that in order to ensure that the rights and obligations arising out of the Brussels Convention for the Contracting States and for individuals concerned are as equal and uniform as possible, an independent definition must be given in Community law to the phrase ‘in proceedings which have as their object rights in rem in immovable property’ (see, in particular, Case C-115/88 Reichert and Kockler [1990] ECR I-27, paragraph 8). | 29. Compte tenu du fait que le principe de reconnaissance mutuelle, qui sous-tend l’économie de la décision-cadre, implique, en vertu de l’article 6 de cette dernière, que les États membres sont en principe tenus de reconnaître une décision infligeant une sanction pécuniaire qui a été transmise conformément à l’article 4 de la décision-cadre, sans qu’aucune autre formalité soit requise, et de prendre sans délai toutes les mesures nécessaires pour son exécution, les motifs de refus de reconnaissance ou d’exécution d’une telle décision doivent être interprétés d’une manière restrictive (voir, par analogie, arrêt du 29 janvier 2013, Radu, C‑396/11, point 36 et jurisprudence citée). | 0 |
9,259 | 38. However, it is also clear from the case-law of the Court that, in certain situations, goods, materials or raw materials resulting from an extraction or manufacturing process, the primary aim of which is not their production, may be regarded not as residue, but as by-products which their holder does not seek to ‘discard’, within the meaning of Article 1(a) of the directive, but which he intends to exploit or market on terms advantageous to himself in a subsequent process – including, as the case may be, in order to meet the needs of economic operators other than the producer of those substances –, provided that such re-use is a certainty, does not require any further processing prior to re-use and forms an integral part of the process of production or use (see, to that effect, Palin Granit , paragraphs 34 to 36; Case C‑114/01 AvestaPolarit Chrome [2003] ECR I‑8725, paragraphs 33 to 38; Niselli , paragraph 47; and also Case C‑416/02 Commission v Spain [2005] ECR I‑7487, paragraphs 87 and 90, and Case C‑121/03 Commission v Spain [2005] ECR I‑7569, paragraphs 58 and 61). | 82 The statement of reasons required by Article 190 of the Treaty must explain clearly and unambiguously the reasoning followed by the Community institution which has adopted the contested act, so as to enable interested parties to take cognisance of the justifications for the measure for the purpose of defending their rights and to enable the courts to exercise their powers of review. | 0 |
9,260 | 120 It must be recalled in that regard that, according to the third subparagraph of Article 129(1) of the EC Treaty, health protection requirements are to form a constituent part of the Community's other policies and that, as the Court has consistently held, efforts to achieve objectives of the common agricultural policy cannot disregard requirements relating to the public interest such as the protection of consumers or the protection of the health and life of humans and animals, requirements which the Community institutions must take into account in exercising their powers (Case 68/86 United Kingdom v Council [1988] ECR 855, paragraph 12). | 22. Nevertheless, even if the application of the rules at issue in the main proceedings is confined to situations concerning dealings between a borrowing company and a lending company holding at least 10% of the shares or voting rights in the borrowing company, or between companies in which the same shareholders have such a holding, as contemplated in Article 58(4)(a) and (b) of the CIRC, it is clear that a holding of such a size does not necessarily imply that the holder exerts a definite influence over the decisions of the company of which it is a shareholder (see, to that effect, Case C‑251/98 Baars [2000] ECR I‑2787, paragraph 20, and Case C‑446/04 Test Claimants in the FII Group Litigation [2006] ECR I‑11753, paragraph 58). | 0 |
9,261 | Il est de jurisprudence constante que le droit d’obtenir le remboursement des taxes perçues par un État membre en violation
des règles du droit de l’Union est la conséquence et le complément des droits conférés aux justiciables par les dispositions
du droit de l’Union prohibant de telles taxes, telles qu’elles ont été interprétées par la Cour. La Cour a également déjà
jugé que, lorsqu’un État membre a prélevé des taxes en violation des règles du droit de l’Union, les justiciables ont droit
au remboursement non seulement de l’impôt indûment perçu, mais également des montants payés à cet État ou retenus par celui-ci
en rapport direct avec cet impôt. Les États membres sont donc tenus de rembourser, en principe, les impositions perçues en
violation du droit de l’Union avec les intérêts y afférents (voir arrêts du 19 juillet 2012, Littlewoods Retail e.a., C‑591/10,
EU:C:2012:478, points 24 à 26, ainsi que du 6 octobre 2015, Târșia, C‑69/14, EU:C:2015:662, points 24 et 25). | 35. The arguments put forward by the municipality of Roanne and the French and Polish Governments cannot be accepted. | 0 |
9,262 | 43. That approach is perfectly consistent with the case-law of the Court of Justice. Thus, at paragraphs 181 to 183 of the judgment in Limburgse Vinyl Maatschappij and Others v Commission , the Court held, in particular, that the administrative procedure may involve an examination in two successive stages, each corresponding to its own internal logic. 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 the Community legislature, takes measures which imply an accusation of an infringement and must enable the Commission to adopt a position on the course which the procedure is to follow. The second stage covers the period from notification of the statement of objections to adoption of the final decision. It must enable the Commission to reach a final decision on the infringement concerned. | 10 QUE , D ' AILLEURS , INDEPENDAMMENT DES EFFETS DE LA DIRECTIVE , DANS DES CAS TELS QUE CELUI D ' ESPECE , UNE INTERPRETATION DE LA DIRECTIVE PEUT ETRE UTILE AU JUGE NATIONAL AFIN D ' ASSURER A LA LOI PRISE POUR L ' APPLICATION DE CELLE-CI UNE INTERPRETATION ET APPLICATION CONFORMES AUX EXIGENCES DU DROIT COMMUNAUTAIRE ( HAAGA , AFFAIRE 32-74 , RECUEIL 1974 , P . 1201 ) ; | 0 |
9,263 | 57. According to settled case-law, that principle of invalidity can be relied on by anyone, and the courts are bound by it once the conditions for the application of Article 81(1) EC are met and so long as the agreement concerned does not justify the grant of an exemption under Article 81(3) EC (see on the latter point, inter alia, Case 10/69 Portelange [1969] ECR 309, paragraph 10). Since the invalidity referred to in Article 81(2) EC is absolute, an agreement which is null and void by virtue of this provision has no effect as between the contracting parties and cannot be invoked against third parties (Case 22/71 Béguelin [1971] ECR 949, paragraph 29). Moreover, it is capable of having a bearing on all the effects, either past or future, of the agreement or decision concerned (see Case 48/72 Brasserie de Haecht [1973] ECR 77, paragraph 26, and Courage and Crehan , cited above, paragraph 22). | 32 The result of that appraisal may differ from one Member State to another . It is for the national court to make the necessary findings of fact in each individual case . | 0 |
9,264 | 54. Accordingly, the majority of the arguments advanced by the Spanish Government and the Commission, in reality, call in question the assessment of the evidence made by the Court of First Instance and complain that it failed to take into consideration certain factors which they regard as relevant or took into account other factors which they consider to be irrelevant. However, such an assessment is subject to review by the Court of Justice only where the facts and evidence put before the Court of First Instance have been distorted, and no distortion has been substantiated or alleged by the Spanish Government in the present case (see to that effect, in particular, Case C‑53/92 P Hilti v Commission [1994] ECR I‑667, paragraph 42; Joined Cases C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P Aalborg Portland and Others v Commission [2004] ECR I‑123, paragraph 49; and Case C‑206/04 P Mülhens v OHIM [2006] ECR I‑2717, paragraph 28). | 34. Such a finding also necessarily follows from the purpose of that provision, which is intended to prevent, following the accession to the European Union of new Member States, disturbances on the labour market of the existing Member States due to the immediate arrival of a large number of workers who are nationals of those new States (see, to that effect, Case 9/88 Lopes da Veiga [1989] ECR 2989, paragraph 10, and Rush Portuguesa , paragraph 13). That purpose is apparent from, inter alia, Chapter 2, paragraph 5, of Annex XII to the 2003 Act of Accession in so far as that paragraph provides the possibility for a Member State, in case of serious disturbances of its labour market or threat thereof, to continue to apply the measures referred to in Chapter 2, paragraph 2, until the end of the seven-year period following the date of accession of the Republic of Poland. | 0 |
9,265 | 50 None the less, that provision does not preclude all possibility for the contracting authorities to use as a criterion a condition linked to the campaign against unemployment provided that that condition is consistent with all the fundamental principles of Community law, in particular the principle of non-discrimination flowing from the provisions of the Treaty on the right of establishment and the freedom to provide services (see, to that effect, Beentjes, paragraph 29). | 59. As a consequence and in those circumstances, without there being any need to rule on the admissibility of the second part of the first plea in Case C‑317/13 or of the second plea in Case C‑679/13, the second part of those pleas must be rejected as unfounded (see, by analogy, judgments in France v Commission , C‑233/02, EU:C:2004:173, paragraph 26, and Komninou and Others v Commission , C‑167/06 P, EU:C:2007:633, paragraph 32), and those pleas must therefore be rejected in their entirety.
The second plea in Case C‑317/13 and the first plea in Case C‑679/13, alleging breach of an essential procedural requirement
Arguments of the parties | 0 |
9,266 | 9 In those judgments the Court held, on the one hand, that a producer who has voluntarily ceased production for a certain period cannot legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23, and Von Deetzen, paragraph 12); but on the other hand, where such a producer has been encouraged by any Community measure to suspend marketing for a limited period in the general interest and against payment of a premium, he may legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affect him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24, and Von Deetzen, paragraph 13). | 66. As is apparent from the answer given to the second question in Case C-608/10, in a case such as those in the main proceedings, the customs offices of export are, in principle, empowered to apply Article 78(1) and (3) of the Customs Code and to verify an export declaration in order to correct the name of the exporter featuring therein. The considerations which led to this answer are, moreover, fully capable of being transposed to the verification and amendment of a T5 control copy when, as is the case in Case C-10/11, this is used as an export declaration for the purpose of export refunds. It therefore does not appear that the amending decisions in question are, from that angle, flawed, let alone seriously and manifestly flawed. | 0 |
9,267 | 47. The Court has thus held that investments covered by the UCITS Directive and subject in that context to specific State supervision, on the one hand, and funds which, without being collective investment undertakings within the meaning of that directive, display characteristics identical to theirs and thus carry out the same transactions or, at least, display features that are sufficiently comparable for them to be in competition with such undertakings, on the other, must be regarded as exempt special investment funds within the meaning of that provision (judgments in Wheels Common Investment Fund Trustees and Others , C‑424/11, EU:C:2013:144, paragraphs 23 and 24, and ATP PensionService , C‑464/12, EU:C:2014:139, paragraphs 46 and 47). | 92. It follows that the Treaty provisions on freedom of establishment do not preclude a situation in which the entitlement to a tax credit laid down in a DTC concluded by a Member State with another Member State for companies resident in the second State which receive dividends from a company resident in the first State does not extend to companies resident in a third Member State with which the first State has concluded a DTC which does not provide for such an entitlement. | 0 |
9,268 | 23. Under Article 2 of the First Directive, the principle of the common system of VAT is the application to goods and services of a gen eral tax on consumption which is exactly proportional to the price of the goods and services, whatever the number of transactions which take place in the production and distribution process before the stage at which tax is charged (see, inter alia, Case C‑475/03 Banca popolare di Cremona [2006] ECR I‑9373, paragraph 21, and Case C‑49/09 Commission v Poland [2010] ECR I‑10619, paragraph 44). | 49 Finally, the duty of the German authorities to verify that the animals in question were actually being used for breeding purposes also derives from Article 13 of Regulation No 3665/87, according to which: `No refund shall be granted on products which are not of sound and fair marketable quality'. An animal described as a `pure-bred breeding animal' cannot be considered to be of sound and fair marketable quality if it does not possess the qualities that enable it to be used specifically for breeding purposes. | 0 |
9,269 | 25. As a preliminary point, it is to be noted that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under Community law (see, inter alia, Case C-212/99 Commission v Italy, paragraph 34, and Case C-195/02 Commission v Spain [2004] ECR I-7857, paragraph 82). | 13 If such agreements do not have the object of restricting competition within the meaning of Article 85(1), it is nevertheless necessary to ascertain whether they have the effect of preventing, restricting or distorting competition. | 0 |
9,270 | 33
In that regard, according to settled case-law of the Court, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only 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 (see judgments of 5 December 2006, Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 25, and of 7 April 2016, KA Finanz, C‑483/14, EU:C:2016:205, paragraph 41). | 34 In those circumstances, it has to be concluded that Crédit Lyonnais, Altus and SBT were under the control of the State and had to be regarded as public undertakings within the meaning of the second indent of the first subparagraph of Article 2 of Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings (OJ 1980 L 195, p. 35), as amended by Commission Directive 93/84/EEC of 30 September 1993 (OJ 1993 L 254, p. 16; Directive 80/723). The French authorities were indeed able, directly or indirectly, to exercise a dominant influence over those undertakings within the meaning of that provision of Directive 80/723. | 0 |
9,271 | 62. The Court has held, however, that the hazardous or non-hazardous nature of the waste is not, of itself, a relevant criterion for assessing whether a waste treatment operation must be classified as ‘recovery’ within the meaning of Article 1(f) of Directive 75/442. The essential characteristic of a waste recovery operation is that its principal objective is that the waste serve a useful purpose in replacing other materials which would have had to be used for that purpose, thereby conserving natural resources (Case C-6/00 ASA [2002] ECR I-1961, paragraphs 68 and 69). | 31 In order to comply with that obligation, a national court seised of an application for suspension must first examine whether the Community measure in question would be deprived of all effectiveness if not immediately implemented. | 0 |
9,272 | 89. The Court has held that when the profits underlying foreign-sourced dividends are subject in the State of the company making the distribution to a lower level of tax than the tax levied in the Member State of the recipient company, that Member State must grant an overall tax credit corresponding to the tax paid by the company making the distribution in the State in which it is established ( Test Claimants in the FII Group Litigation , paragraph 51, and Haribo Lakritzen Hans Riegel and Österreichische Salinen , paragraph 87). | 25. At the outset, it should be borne in mind that, according to the Court’s settled case-law, 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 and the notes to the sections or chapters (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16; Case C‑376/07 Kamino International Logistics [2009] ECR I‑1167, paragraph 31; and Joined Cases C‑288/09 and C‑289/09 British Sky Broadcasting Group and Pace [2011] ECR I‑0000, paragraph 60). | 0 |
9,273 | 41. In the absence of a definition of ‘grant’ in Regulation No 1768/92, it follows from the Court’s settled case‑law that, in interpreting a provision of European Union law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (see, inter alia, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case C‑34/05 Schouten [2007] ECR I‑1687, paragraph 25; Case C-466/07 Klarenberg [2009] ECR I-803, paragraph 37; and Case C-433/08 Yaesu Europe [2009] ECR I‑0000, paragraph 24). | 72 IN THE CONTESTED DECISION THE COMMISSION FOUND THAT PIONEER HAD PARTICIPATED BOTH IN THE CONCERTED PRACTICE BETWEEN MELCHERS AND MDF AND IN THE CONCERTED PRACTICE BETWEEN MDF AND SHRIRO . IT BASED THAT FINDING , IN PARTICULAR , ON PIONEER ' S GENERAL POSITION WITH REGARD TO NATIONAL DISTRIBUTORS , ON THE COURSE AND RESULTS OF THE MEETING IN ANTWERP ON 19 AND 20 JANUARY 1976 AND ON THE TRANSMISSION BY PIONEER TO MELCHERS OF COMPLAINTS AND INFORMATION FROM MDF RELATING TO PARALLEL IMPORTS .
| 0 |
9,274 | 51 According to settled case-law, the concept of aid encompasses advantages granted by public authorities which, in various forms, mitigate the charges which are normally included in the budget of an undertaking. A partial reduction of social security contributions devolving upon undertakings of a particular industrial sector constitutes aid within the meaning of Article 87(1) EC if that measure is intended partially to exempt those undertakings from the financial charges arising from the normal application of the general social security system, without there being any justification for that exemption on the basis of the nature or general scheme of that system (see, in particular, Case C-251/97 France v Commission [1999] ECR I-6639, paragraphs 35 to 37). | 16 It is clear from the abovementioned provisions that under the Community rules prohibited overlapping is considered to occur when two parents work in two different Member States and are each entitled, in their State of employment, to family benefits for the same member of the family, and that problem is resolved by a rule determining priority, as between the two sets of national legislation concerned, in the event that that member of the family resides in one of the two States of employment . However, if the member of the family resides in a third Member State, the Community legislation provides no solution . | 0 |
9,275 | 77. It is the task of the Court to ensure that acts which, according to one party, fall within the scope of Title VI of the Treaty on European Union and which, by their nature, are capable of having legal effects, do not encroach upon the powers conferred by the EC Treaty on the Community (Case C-91/05 Commission v Council , paragraph 33 and the case-law cited). | 2
The request has been made in proceedings between Joachim Pöpperl and Land Nordrhein-Westfalen (Land of North Rhine-Westphalia, Germany) concerning the loss of retirement pension rights following resignation from a civil servant’s post with that Land in order to be employed in a Member State other than the Federal Republic of Germany. | 0 |
9,276 | 29
However, the Court has also previously held that the principle of equal treatment does not preclude the correction or amplification of details of a tender, where it is clear that they require clarification or where it is a question of the correction of obvious clerical errors, subject, however, to the fulfilment of certain requirements (see, to that effect, in the context of tendering procedures under Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114), judgments of 29 March 2012, SAG ELV Slovensko and Others, C‑599/10, EU:C:2012:191, paragraphs 35 to 45, concerning the evaluation of offers stage, and of 10 October 2013, Manova, C‑336/12, EU:C:2013:647, paragraphs 30 to 39, concerning the stage of pre-selection of tenderers). | 34. However, even though such judicial review is of limited scope, it requires that the Community institutions which have adopted the act in question must be able to show before the Court that in adopting the act they actually exercised their discretion, which presupposes the taking into consideration of all the relevant factors and circumstances of the situation the act was intended to regulate ( Spain v Council , paragraph 122). | 0 |
9,277 | 63. As regards the yield from placements in investment funds, it must be held that it does not constitute direct consideration for supplies of services consisting in making capital available for the benefit of a third party (see Régie dauphinoise , paragraphs 16 and 17). Like dividends, such yield cannot be regarded as the effective exchange for services rendered. Consequently, those placements do not constitute supplies of services ‘effected for consideration’, within the meaning of Article 2(1) of the Sixth Directive, and therefore do not come within the scope of VAT (see, to that effect, Case C-305/01 MKG-Kraftfahrzeuge-Factoring [2003] ECR I-6729, paragraph 47). | 56. However, the family members of those in charge of businesses on the list in Annex VI to the contested regulation are covered by the measures freezing funds for the sole reason that they belong to the families of persons who, in turn, are associated with those national leaders. | 0 |
9,278 | 89 Next, in Exportur v LOR SA and Confiserie du Tech SA, cited above, the Court was called on to rule whether it is contrary to the free movement of goods for a bilateral agreement between two Member States to render applicable, in the State of importation, the law of the State of origin, thus derogating from the principle of territoriality, according to which the protection of indications of provenance and designations of origin is governed by the law of the State in which the protection is applied for, that is to say by that of the State of importation. | 50 It must be added that the considerations relating to transfers, set out below, are also applicable to transactions concerning payments in so far as the factual circumstances and the contractual links are similar. Moreover, no distinction in this regard has been raised by the parties in the proceedings before the Court. | 0 |
9,279 | 67. As regards the Commission’s argument that the contested regulation is broader in scope than the Basel Convention, since it applies to all waste destined for disposal and recovery, whereas the Convention covers only hazardous waste for disposal, and that that difference denotes a commercial policy dimension to the Regulation, it must be pointed out that it is clear from Article 2(4) of that convention, read in conjunction with Section B of Annex IV thereto, that the term ‘disposal’ used in that convention covers ‘[o]perations which may lead to resource recovery, recycling, reclamation, direct reuse or alternative uses’. As observed by the Advocate General in point 33 of his Opinion, the fact that the contested regulation also applies to non-hazardous waste and to waste intended for recovery does not make it commercial or weaken its environmental dimension since waste, of whatever type it may be, is inherently harmful to the environment (see, to that effect, Case C-9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I-3533, paragraphs 36 and 45 to 51). | 44. It is appropriate to bear in mind that Article 5(3) TEU refers to the principle of subsidiarity which provides that the European Union, in areas which do not fall within its exclusive competence, is to take action only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the European Union. Furthermore, Protocol 2, in Article 5, lays down guidelines for the purposes of determining whether those conditions are met (judgment in Luxembourg v Parliament and Council , C‑176/09, EU:C:2011:290, paragraph 76 and the case-law cited). | 0 |
9,280 | 49. Further, even if Article 42(2) of those Rules of Procedure, in the version in force when the Commission’s statement in reply was lodged, permit, subject to certain conditions, the production of new pleas in law, a party may not alter the very subject-matter of the dispute in the course of proceedings (see, to that effect, the judgments in Commission v France , C‑256/98, EU:C:2000:192, paragraph 31 and Commission v Slovenia , C‑627/10, EU:C:2013:511, paragraph 44). | 36. The purpose of Directive 97/7 is to afford consumers extensive protection, by giving them a number of rights in relation to distance contracts. The objective of the European Union legislature is, as is apparent from recital 11 in the preamble to the directive, to avoid a situation where the use of means of distance communication leads to a reduction in the information provided to the consumer. | 0 |
9,281 | 55. That concept requires the unequal treatment found to exist to be justified by the existence of precise and specific factors, characterising the employment condition to which it relates, in the specific context in which it occurs and on the basis of objective and transparent criteria, in order to ensure that that unequal treatment in fact responds to a genuine need, is appropriate for achieving the objective pursued and is necessary for that purpose. Those factors may result, in particular, from the specific nature of the tasks for the performance of which fixed-term contracts have been concluded and from the inherent characteristics of those tasks or, as the case may be, from pursuit of a legitimate social-policy objective of a Member State (see judgments in Del Cerro Alonso , C‑307/05, EU:C:2007:509, paragraphs 53 and 58, and Gavieiro Gavieiro and Iglesias Torres , C‑444/09 and C‑456/09, EU:C:2010:819, paragraph 55, and orders in Montoya Medina , C‑273/10, EU:C:2011:167, paragraph 41, and Lorenzo Martínez , C‑556/11, EU:C:2012:67, paragraph 48). | 34. In the light of the foregoing, the answer to the question is that Article 1(3) of Directive 89/665 must be interpreted to the effect that, if, in review proceedings, the successful tenderer – having won the contract and filed a counterclaim – raises a preliminary plea of inadmissibility on the grounds that the tenderer seeking review lacks standing to challenge the award because its bid should have been rejected by the contracting authority by reason of its non-conformity with the technical requirements under the tender specifications, that provision precludes that action for review from being declared inadmissible as a consequence of the examination of that preliminary plea in the absence of a finding as to whether those technical requirements are met both by the bid submitted by the successful tenderer, which won the contract, and by the bid submitted by the tenderer which brought the main action for review.
Costs | 0 |
9,282 | 18 The Court stated, thirdly (Mulox IBC, paragraphs 21 and 23), that where the work was performed in more than one Contracting State, it was important to avoid any multiplication of courts having jurisdiction in order to preclude the risk of irreconcilable decisions and to facilitate the recognition and enforcement of judgments in States other than those in which they were delivered (see also, to that effect, the judgment in Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraph 18) and that, consequently, Article 5(1) of the Brussels Convention could not be interpreted as conferring concurrent jurisdiction on the courts of each Contracting State in whose territory the employee performed part of his work. | 50 The Court has previously held that the mere reference to the Customs Code for determining taxable value is not in itself contrary to the Treaty (see Case C-228/98 Douanias [2000] ECR I-577, paragraph 45). | 0 |
9,283 | In that regard, it is also apparent from settled case-law that only measures or decisions which seek to produce legal effects which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position may be the subject of an action for annulment (see, in particular, judgments of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 29; of 26 January 2010, Internationaler Hilfsfonds v Commission, C‑362/08 P, EU:C:2010:40, paragraph 51; and of 9 December 2014, Schönberger v Parliament, C‑261/13 P, EU:C:2014:2423, paragraph 13). | 51. It should be stated at the outset that the free movement of goods is one of the fundamental principles of the Community. | 0 |
9,284 | 51. As pointed out at paragraph 30 above, Article 6(1) of Directive 93/13 is a mandatory provision. It should also be noted that, according to the Court’s case-law, that directive as a whole constitutes, in accordance with Article 3(1)(t) EC, a measure which is essential to the accomplishment of the tasks entrusted to the European Community and, in particular, to raising the standard of living and the quality of life throughout the Community ( Mostaza Claro , paragraph 37). | 37. Moreover, as the aim of the Directive is to strengthen consumer protection, it constitutes, according to Article 3(1)(t) EC, a measure which is essential to the accomplishment of the tasks entrusted to the Community and, in particular, to raising the standard of living and the quality of life in its territory (see, by analogy, concerning Article 81 EC, Eco Swiss , paragraph 36). | 1 |
9,285 | 36. As the Court stated in paragraph 60 of Fuß , it is common ground that, during the period which is covered by the claim for reparation at issue in the main proceedings, the period for transposing Directive 93/104, which is codified by Directive 2003/88, had expired and Land Saxony-Anhalt had not transposed it into its internal law in regard to fire-fighters employed in an operational service. | 50. It should be noted, in addition, that the prohibition on restrictions on freedom to provide services applies not only to national measures but also to measures adopted by the European Union institutions (see, by analogy in relation to the free movement of goods, Case C‑114/96 Kieffer and Thill [1997] ECR I‑3629, paragraph 27 and case‑law cited). | 0 |
9,286 | 57. In those circumstances, it is sufficient for the Commission to prove that the subsidiary is wholly owned by the parent company in order to presume that the parent actually exercises decisive influence over the subsidiary’s commercial policy. The Commission will then be able to regard the parent company as jointly and severally liable for payment of the fine imposed on its subsidiary, unless the parent company, which has the burden of rebutting that presumption, adduces sufficient evidence to show that its subsidiary acts independently on the market (see Case 286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 29; Akzo Nobel and Others v Commission , paragraph 61; General Química and Others v Commission , paragraph 40; and ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others , paragraph 98). | 51. It cannot be excluded from the outset that, as the Court has already ruled with respect to hospitals (Case C‑157/99 Smits and Peerbooms [2001] ECR I‑5473, paragraphs 76 to 80, and Watts , paragraphs 108 to 110), establishments providing outpatient care such as doctors’ surgeries and outpatient clinics may also be the subject of planning. | 0 |
9,287 | 32. More specifically, as regards the derogation referred to in Article 5(1) of Directive 2001/83, the Court has already pointed out that the possibility of importing non-approved medicinal products, provided for under national legislation implementing the power laid down in that provision, must remain exceptional in order to preserve the practical effect of the marketing authorisation procedure (see, to this effect, Case C‑143/06 Ludwigs-Apotheke [2007] ECR I‑9623, paragraphs 33 and 35). | 143. It is settled case-law that, in principle, it is for the natural or legal person managing the undertaking in question when the infringement was committed to answer for that infringement, even if, at the date of the decision finding the infringement, the operation of the undertaking was no longer his responsibility (Case C‑248/98 P KNP BT v Commission [2000] ECR I‑9641, paragraph 71; Case C‑279/98 P Cascades v Commission [2000] ECR I‑9693, paragraph 78; Case C‑286/98 P Stora Kopparbergs Bergslags v Commission [2000] ECR I‑9925, paragraph 37; and Case C‑297/98 P SCA Holding v Commission [2000] ECR I‑10101, paragraph 27). | 0 |
9,288 | 19. The Court adopted just such an interpretation in respect of the provisions of Article 16 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1978 L 304, p. 36; ‘the Brussels Convention’), which are identical in essence to those of Article 22 of Regulation No 44/2001. The Court held in that regard that, as those provisions of the Brussels Convention introduce an exception to the general rule governing the attribution of jurisdiction, they must not be given an interpretation broader than is required by their objective, since their effect is to deprive the parties of the choice of forum which would otherwise be theirs and, in certain cases, they result in the parties being brought before a court which is not that of the domicile of any of them (see Case 73/77 Sanders [1977] ECR 2383, paragraphs 17 and 18; Case C‑8/98 Dansommer [2000] ECR I‑393, paragraph 21; and Case C‑343/04 ČEZ [2006] ECR I‑4557, paragraph 26). | 82. Si la requérante demande l’annulation de l’arrêt attaqué et, subsidiairement, une réduction du montant de l’amende qui lui a été infligée, il y a lieu de relever que la Cour a déjà jugé que, en l’absence de tout indice selon lequel la durée excessive de la procédure devant le Tribunal aurait eu une incidence sur la solution du litige, le non‑respect d’un délai de jugement raisonnable ne saurait conduire à l’annulation de l’arrêt attaqué (voir, en ce sens, arrêt Der Grüne Punkt – Duales System Deutschland/Commission, précité, points 190 et 196 ainsi que la jurisprudence citée). | 0 |
9,289 | 39. Furthermore, the Commission is not required to prove that there has been a loss but may simply adduce sound evidence of such loss (see Spain v Commission , cited above, paragraph 66). The reason for this mitigation of the burden of proof on the Commission lies in the division of powers between the Community and the Member States concerning the common agricultural policy (see to that effect Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 17, and Case C-238/96 Ireland v Commission [1998] ECR I-5801, paragraph 29). | 48. Or, les directives «autorisation» et «concurrence» ainsi que la directive-cadre mettent en œuvre la libre prestation de services dans le domaine des réseaux et des services de communications électroniques (voir, en ce sens, arrêt Centro Europa 7, C‑380/05, EU:C:2008:59, points 79 et 80). Ces directives visent, notamment, à protéger les intérêts des opérateurs économiques, établis dans un État membre désirant offrir des réseaux et des services de communications électroniques dans un autre État membre. | 0 |
9,290 | 33 As the Court held in its judgment in Case C-69/89 (Nakajima All Precision v Council [1991] ECR I-2069, at paragraph 37), Article 2(3)(b)(ii) of the basic regulation complies with Article 2(4) of the 1979 Anti-dumping Code inasmuch as it does not disregard the spirit of the latter provision but simply specifies, as regards the different situations which may arise in practice, the reasonable methods of calculating the constructed normal value. | 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. | 1 |
9,291 | 74 It must be recalled that the pleas alleging infringement of the right to property, of the freedom to pursue a trade or business, of the principle of the protection of legitimate expectations and of the principle of proportionality were relied on by the applicant in Germany v Council, cited above, in challenging the regime governing trade with third countries established in Title IV of Regulation No 404/93 and in particular the opening of a tariff quota for imports of third-country and non-traditional ACP bananas and the arrangements for dividing that quota up among the Community's Category A, B and C operators. | 52. In such a case, it is possible that the relevant section of the public as regards the goods or services for which the later mark is registered will make a connection between the conflicting marks, even though that public is wholly distinct from the relevant section of the public as regards goods or services for which the earlier mark was registered. | 0 |
9,292 | 59. The scope of the Directive is very wide, as the Court has already held (see Österreichischer Rundfunk and Others , paragraph 43, and Lindqvist , paragraph 88), and the personal data covered by the Directive are varied. The length of time such data are to be stored, defined in Article 6(1)(e) of the Directive according to the purposes for which the data were collected or for which they are further processed, can therefore differ. Where the length of time for which basic data are to be stored is very long, the data subject’s interest in exercising the rights to object and to remedies referred to in paragraph 57 of the present judgment may diminish in certain cases. If, for example, the relevant recipients are numerous or there is a high frequency of disclosure to a more restricted number of recipients, the obligation to keep the information on the recipients or categories of recipient of personal data and on the content of the data disclosed for such a long period could represent an excessive burden on the controller. | 49. Therefore, the legal basis for the repayment of amounts wrongly paid by the European Union under Regulation No 1265/2001 is in the provisions of Regulation No 1258/1999 on the financing of the common agricultural policy (see, by analogy, as regards the recovery of subsidies wrongly paid under the Structural Funds, Vereniging Nationaal Overlegorgaan Sociale Werkvoorziening and Others , paragraph 39). | 0 |
9,293 | 29. With regard to the question whether such competence is subject to certain limits, the Court has already held that Article 5 of Regulation No 615/98 cannot be interpreted as permitting the competent authority arbitrarily to call into question the evidence attached by the exporter to its export refund application. The discretion which the competent authority enjoys is not unlimited, since it is circumscribed by Article 5. That discretion appears, in particular, limited as to the nature and the evidentiary value of the elements on which the competent authority relies (see Viamex Agrar Handel , paragraph 38). | 25 It follows that when the sanction chosen by the Member State is contained within the rules governing an employer' s civil liability, any breach of the prohibition of discrimination must, in itself, be sufficient to make the employer liable, without there being any possibility of invoking the grounds of exemption provided by national law . | 0 |
9,294 | 40. Moreover, detention and deportation based solely on the failure of the person concerned to comply with legal formalities concerning the monitoring of aliens impair the very substance of the right of residence directly conferred by Community law and are manifestly disproportionate to the seriousness of the infringement (Case 157/79 Pieck [1980] ECR 2171, paragraphs 18 and 19; Case C-265/88 Messner [1989] ECR 4209, paragraph 14; MRAX , paragraph 78). | 45. Quant à la référence faite par la requérante à une décision antérieure de l’OHMI reconnaissant l’usage sérieux d’une marque de pralines vendues au café Reber à Bad Reichenhall, il y a lieu de souligner que le Tribunal a, à juste titre, rappelé au point 50 de l’arrêt attaqué que, si, au regard des principes d’égalité de traitement et de bonne administration, l’OHMI doit prendre en considération les décisions déjà adoptées et s’interroger avec une attention particulière sur le point de savoir s’il y a lieu ou non de décider dans le même sens, l’application de ces principes doit toutefois être conciliée avec le respect du principe de légalité (voir, en ce sens, arrêt Agencja Wydawnicza Technopol/OHMI, C‑51/10 P, EU:C:2011:139, points 73 à 75). | 0 |
9,295 | 104. As the General Court correctly observed at paragraph 128 of the judgment under appeal, any person is entitled to claim compensation for the loss caused to him by a breach of Article 81 EC. Such a right strengthens the working of the EU competition rules, thereby making a significant contribution to the maintenance of effective competition in the European Union (see, to that effect, Case C‑453/99 Courage and Crehan [2001] ECR I‑6297, paragraphs 26 and 27; Joined Cases C‑295/04 to C‑298/04 Manfredi and Others [2006] ECR I‑6619, paragraph 91; Case C‑360/09 Pfleiderer [2011] ECR I‑5161, paragraph 28; and Case C‑536/11 Donau Chemie and Others [2013] ECR, paragraph 23). | 21. Taking account of the general nature of the said requirements, they cannot amount to such conditions or, consequently, be classified as ‘other requirements’, within the meaning of Article 1(4) of the directive. | 0 |
9,296 | 63. However, according to the Court’s case-law, Article 21(1) TFEU confers on individuals rights which are enforceable by them and which the national courts must protect (see, to that effect, inter alia, Case C-413/99 Baumbast and R [2002] ECR I-7091, paragraphs 84 to 86). | 77. Par conséquent, sans qu’il soit besoin d’examiner si les autres conditions énoncées à l’article 110 de la directive TVA sont remplies, force est de constater que la dérogation prévue à cette disposition ne saurait justifier la réglementation litigieuse. | 0 |
9,297 | 18. It should be pointed out that, following the adoption of Order No 2010-49, some amendments were made to the regulations on biomedical analysis laboratories. Given that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, inter alia, Case C-531/06 Commission v Italy [2009] ECR I-4103, paragraph 98, and Case C‑392/08 Commission v Spain [2010] ECR I‑0000, paragraph 26), those amendments are not taken into account in the present judgment.
The first complaint
Arguments of the parties | 36. Par ailleurs, les notes explicatives du SH relatives à la position 7318 relèvent que les boulons et les vis à métaux de tout genre sont compris dans cette position «quels que soient leur forme et leur usage». L’argument selon lequel le classement de l’article en cause dans la position 7318 de la NC serait exclu au motif qu’il n’est pas conçu pour tourner sur son propre axe ne saurait, par conséquent, être retenu. | 0 |
9,298 | 27. According to equally established case-law, the criteria for assessing the distinctive character of three-dimensional marks consisting of the shape of the product itself are no different from those applicable to other categories of trade mark (see Henkel v OHIM , paragraph 38, and Case C‑136/02 P Mag Instrument v OHIM [2004] ECR I‑9165, paragraph 30). | 54. That reimbursement is made in accordance with Article 236 of the Customs Code if the conditions laid down by that provision are fulfilled, in particular that there has been no manipulation by the declarant and that the application for reimbursement has been submitted within the time-limit, which is in principle three years. | 0 |
9,299 | 23
Secondly, the condition that there must be intervention by the State or through State resources is satisfied not only where aid is granted directly by the State but also where it is granted by public or private bodies established or designated by the State with a view to administering the aid (judgments of 22 March 1977, Steinike & Weinlig, 78/76, EU:C:1977:52, paragraph 21, and of 13 March 2001, PreussenElektra, C‑379/98, EU:C:2001:160, paragraph 58). | 21 THE PROHIBITION CONTAINED IN ARTICLE 92 ( 1 ) COVERS ALL AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES WITHOUT ITS BEING NECESSARY TO MAKE A DISTINCTION WHETHER THE AID IS GRANTED DIRECTLY BY THE STATE OR BY PUBLIC OR PRIVATE BODIES ESTABLISHED OR APPOINTED BY IT TO ADMINISTER THE AID . IN APPLYING ARTICLE 92 REGARD MUST PRIMARILY BE HAD TO THE EFFECTS OF THE AID ON THE UNDERTAKINGS OR PRODUCERS FAVOURED AND NOT THE STATUS OF THE INSTITUTIONS ENTRUSTED WITH THE DISTRIBUTION AND ADMINISTRATION OF THE AID .
| 1 |
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