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9,300 | 35. As regards the Charter, Article 52(3) thereof states that, in so far as the Charter contains rights which correspond to those guaranteed by the ECHR, their meaning and scope are to be the same as those laid down by the ECHR. According to the explanation of that provision, the meaning and the scope of the guaranteed rights are to be determined not only by reference to the text of the ECHR, but also, inter alia, by reference to the case-law of the European Court of Human Rights. The second sentence of Article 52(3) of the Charter provides that the first sentence of Article 52(3) is not to preclude the grant of wider protection by EU law (see, to that effect, Case C-400/10 PPU McB [2010] ECR I-0000, paragraph 53). | 38 That argument cannot be accepted. | 0 |
9,301 | 28. It follows that, in the main proceedings, the point at issue is essentially whether, in laying down the framework for the recognition referred to in Article 13A(1)(g) of the Sixth Directive, the Federal Republic of Germany has observed the limits of its discretion (see also, by analogy, Kügler , paragraph 55). | 14 Furthermore, since the Parliament is not a legal person it cannot bring an action before the Court under the second paragraph of the articles in question, the scheme of which would, in any event, be inappropriate to an action for annulment brought by the Parliament . | 0 |
9,302 | 64. The Court has moreover already accepted that the combating of money laundering, which is related to the aim of protecting public order, constitutes a legitimate aim capable of justifying a barrier to the freedom to provide services (see, to that effect, Case C-212/08 Zeturf [2011] ECR I-0000, paragraphs 45 and 46).
– Suitability of the national legislation at issue for attaining the aims it pursues | 28. En l’espèce, le législateur communautaire s’est référé, dans la définition des gaz de décharge, à «tous les gaz produits par les déchets en décharge». S’agissant de l’interprétation du terme «déchets», la Cour a déjà jugé que, en dehors de certaines dispositions spécifiques, telles que l’article 5 de la directive 1999/31, qui ne visent expressément que les déchets biodégradables, cette directive vise, dans son ensemble, les déchets au sens large, tels que définis à son article 2, sous a) (voir, en ce sens, arrêt du 14 avril 2005, Deponiezweckverband Eiterköpfe, C‑6/03, Rec. p. I‑2753, point 46). Or, ledit article 2, sous a), renvoie en ce qui concerne le terme «déchet» à l’article 1 er de la directive 75/442, qui définit cette notion comme «toute substance ou tout objet dont le détenteur se défait ou a l’obligation de se défaire en vertu des dispositions nationales en vigueur». | 0 |
9,303 | 23 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports. | 67 In that regard, as the national court pointed out, the infrastructure works referred to in Article 4 of Law No 847/64 are fully capable of constituting public works, partly because they are specifically designed to meet development requirements over and above the construction of housing and partly because they come wholly under the control of the competent administrative authority since it holds a legal right over the use of such works, so as to ensure that they remain at the service of all members of the local community. | 0 |
9,304 | 22. In addition, whilst it is clear that remuneration for services performed constitutes an essential feature of an employment relationship, the fact remains that neither the origin of the funds from which the remuneration is paid nor the limited amount of that remuneration can have any consequence in regard to whether or not the person is a worker for the purposes of Community law (see Case 53/81 Levin [1982] ECR 1035, paragraph 16, and Kranemann , paragraph 17). | 43. Such a restriction may, according to the Court’s settled case-law, be allowed only in the actual judgment ruling upon the interpretation sought ( Meilicke and Others , paragraph 36 and the case-law cited). | 0 |
9,305 | 36
The Court has held that a national measure applicable to all traders active in the national territory whose actual effect is greater on goods leaving the market of the exporting Member State than on the marketing of goods in the domestic market of that Member State is covered by the prohibition laid down by Article 35 TFEU (see, to that effect, judgment of 16 December 2008 in Gysbrechts and Santurel Inter, C‑205/07, EU:C:2008:730, paragraphs 40 to 43). | 42. As is clear from the order for reference, the consequences of such a prohibition are generally more significant in cross-border sales made directly to consumers, in particular, in sales made by means of the internet, by reason, inter alia, of the obstacles to bringing any legal proceedings in another Member State against consumers who default, especially when the sales involve relatively small sums. | 1 |
9,306 | 66. By virtue of the general duty stated in the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC), Member States are bound to observe all the provisions of the Sixth Directive (see Case C-97/90 Lennartz [1991] ECR I-3795, paragraph 33). In so far as an exception from the system of deductions has not been established in accordance with Article 17(7) of the Sixth Directive, the national tax authorities may not rely as against a taxable person on a provision derogating from the principle of the right to deduct VAT set out in Article 17(1) of that directive (see Metropol and Stadler , paragraph 64). | 99. It follows from the foregoing that several relevant and important factors indicate that the term has not become generic. | 0 |
9,307 | 35 As regards the latter condition, it is clear from the settled case-law of the Court of Justice (Joined Cases 231/87 and 129/88 Ufficio Distrettuale delle Imposte Dirette di Fiorenzuola and Others v Comune di Carpaneto Piacentino and Others [1989] ECR 3233, paragraph 16; Case C-4/89 Comune di Carpaneto Piacentino and Others v Ufficio Provinciale Imposta sul valore aggiunto di Piacenza [1990] ECR I-1869, paragraph 8, and Case C-247/95 Finanzamt Augsburg-Stadt v Marktgemeinde Welden [1997] ECR I-779, paragraph 17) that activities pursued as public authorities within the meaning of the first paragraph of Article 4(5) of the Sixth Directive are those engaged in by bodies governed by public law under the special legal regime applicable to them and do not include activities pursued by them under the same legal conditions as those that apply to private traders. | 86. Assessment of the economic justification for a system of discounts or bonuses established by an undertaking in a dominant position is to be made on the basis of the whole of the circumstances of the case (see, to that effect, Michelin , paragraph 73). It has to be determined whether the exclusionary effect arising from such a system, which is disadvantageous for competition, may be counterbalanced, or outweighed, by advantages in terms of efficiency which also benefit the consumer. If the exclusionary effect of that system bears no relation to advantages for the market and consumers, or if it goes beyond what is necessary in order to attain those advantages, that system must be regarded as an abuse. | 0 |
9,308 | 20. Il y a lieu de rappeler que l’article 49 CE s’oppose à toute réglementation nationale ayant pour effet de rendre la prestation de services entre les États membres plus difficile que la prestation de services purement interne à un État membre (voir arrêts du 8 septembre 2005, Mobistar et Belgacom Mobile, C‑544/03 et C‑545/03, Rec. p. I‑7723, point 30 et jurisprudence citée, ainsi que du 18 juillet 2007, Commission/Italie, C‑134/05, Rec. p. I‑6251, point 70). | En ce qui concerne la seconde branche du présent moyen, il convient, tout d’abord, de rejeter comme non fondé l’argument selon
lequel le Tribunal aurait substitué ses motifs à ceux de la décision litigieuse. Ainsi que la Cour l’a déjà jugé, la portée
du contrôle de légalité prévu à l’article 263 TFUE s’étend à l’ensemble des éléments des décisions de la Commission relatives
aux procédures d’application de l’article 101 TFUE dont le Tribunal assure un contrôle approfondi, en droit comme en fait,
à la lumière des moyens soulevés par les requérantes et compte tenu de l’ensemble des éléments soumis par ces dernières. Dans
le cadre de ce contrôle, les juridictions de l’Union ne peuvent, toutefois, substituer leur propre motivation à celle de l’auteur
de l’acte en cause (voir, en ce sens, arrêt du 21 janvier 2016, Galp Energía España e.a./Commission, C‑603/13 P, EU:C:2016:38,
points 72 et 73 ainsi que jurisprudence citée). | 0 |
9,309 | 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) | 45 Consequently, whatever the method adopted by a Member State to determine whether or not a specific project needs to be assessed, be it by legislative designation or following an individual examination of the project, the method adopted must not undermine the objective of the Directive, which is that no project likely to have significant effects on the environment, within the meaning of the Directive, should be exempt from assessment, unless the specific project excluded could, on the basis of a comprehensive assessment, be regarded as not being likely to have such effects. | 0 |
9,310 | 24. In this respect, it should first of all be pointed out that, although, as the German, Netherlands, Austri an, Swedish and United Kingdom Governments as well as the Commission have observed, the Member States are competent, under Article 149(1) EC, as regards the content of teaching and the organisation of their respective education systems, it is none the less the case that that competence must be exercised in compliance with Community law (see, to that effect, Case C‑308/89 di Leo [1990] ECR I‑4185, paragraphs 14 and 15; Case C‑337/97 Meeusen [1999] ECR I‑3289, paragraph 25; Case C‑147/03 Commission v Austria [2005] ECR I‑5969, paragraphs 31 to 35, and Schwarz and Gootjes-Schwarz , paragraph 70) and, in particular, in compliance with the Treaty provisions on the freedom to move and reside within the territory of the Member States, as conferred by Article 18(1) EC (see, to that effect, Schwarz and Gootjes-Schwarz , paragraph 99). | 53. Outre le fait qu’il s’agit d’un motif apparemment surabondant ne pouvant, selon une jurisprudence constante, entraîner l’annulation d’un arrêt rendu par le Tribunal (voir, notamment, arrêt Anheuser-Busch/Budějovický Budvar, C‑96/09 P, EU:C:2011:189, point 211), celui-ci ne saurait en aucun cas être compris dans un sens autre que celui, déjà exprimé au point 50 dudit arrêt, selon lequel la chambre de recours aurait dû prendre en considération la limitation telle que demandée par Kessel. | 0 |
9,311 | 37. However, where national legislation falling within an area which has not been harmonised at Community level is applicable without distinction to all persons and undertakings operating in the territory of the Member State concerned, it may, notwithstanding its restrictive effect on the freedom to provide services, be justified where it meets an overriding requirement relating to the public interest and that interest is not already safeguarded by the rules to which the service provider is subject in the Member State in which he is established and in so far as it is appropriate for securing the attainment of the objective which it pursues and does not go beyond what is necessary in order to attain it (see Joined Cases C‑369/96 and C‑376/96 Arblade and Others [1999] ECR I-8453, paragraphs 34 and 35, and Portugaia Construções , paragraph 19). | 86. In that regard, although it does follow from the wording of that provision that, where no proof of the use of the mark in question is produced within the time period set by OHIM, it must, as a rule, revoke the mark of its own motion, this is not required where evidence of that use is produced within that time. | 0 |
9,312 | 24
As for the question whether Article 48(3) of Directive 2004/18 must be interpreted by taking into consideration the content of Article 63(1) of Directive 2014/24, which is the provision corresponding inter alia to Article 48(3) of Directive 2004/18, it must be observed that Article 48(3) is formulated in general terms and does not expressly set out the detailed rules in accordance with which an economic operator may rely on the capacities of other entities in a public procurement procedure (judgment of 7 April 2016, Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraphs 87 and 88). | 50 Next, the regime is limited to certain decisions concerning the strategic assets of the companies in question, including in particular the energy supply networks, and to such specific management decisions relating to those assets as may be called in question in any given case. | 0 |
9,313 | 20. Il y a lieu de rappeler que l’article 49 CE s’oppose à toute réglementation nationale ayant pour effet de rendre la prestation de services entre les États membres plus difficile que la prestation de services purement interne à un État membre (voir arrêts du 8 septembre 2005, Mobistar et Belgacom Mobile, C‑544/03 et C‑545/03, Rec. p. I‑7723, point 30 et jurisprudence citée, ainsi que du 18 juillet 2007, Commission/Italie, C‑134/05, Rec. p. I‑6251, point 70). | 40. A sale which allows the proprietor to realise the economic value of his trade mark exhausts the exclusive rights conferred by the Directive, more particularly the right to prohibit the acquiring third party from reselling the goods. | 0 |
9,314 | 102. According to the case-law, in proceedings for failure to fulfil obligations under Article 226 EC it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and in so doing it may not rely on any presumption (see, inter alia, Case 96/81 Commission v Netherlands , cited above, paragraph 6, Case C-408/97 Commission v Netherlands , cited above, paragraph 15, and Commission v Portugal , cited above, paragraph 80). | 34 In the light of the answer to the second and third questions, it suffices to state that the fact that the grantor of the licences in respect of the two proprietary medicinal products in question is situated outside the European Community does not affect the answer given above.
The first question | 0 |
9,315 | 32. Whereas, in situations where performance of the contract follows its normal course, the deposit is applied towards the price of the services supplied by the hotelier and is therefore subject to VAT, the retention of the deposit at issue in the main proceedings is, by contrast, triggered by the client’s exercise of the cancellation option made available to him and serves to compensate the hotelier following the cancellation. Such compensation does not constitute the fee for a service and forms no part of the taxable amount for VAT purposes (see, to that effect, as regards interest applied on account of late payment, Case 222/81 BAZ Bausystem [1982] ECR 2527, paragraphs 8 to 11). | 9 THE GERMAN TAX AUTHORITIES TAKE THE VIEW THAT , AS AN EXPENSE WHICH THE RECIPIENT OF SERVICES PAYS IN ADDITION TO THE ACTUAL CONSIDERATION , SUCH INTEREST IS COVERED BY THE ' ' INCIDENTAL EXPENSES ' ' REFERRED TO IN PARAGRAPH 13 OF ANNEX A AND SHOULD THEREFORE BE REGARDED AS ADDITIONAL CONSIDERATION PAID FOR THE SERVICE PROVIDED BY THE UNDERTAKING . THAT VIEW CANNOT BE ACCEPTED .
| 1 |
9,316 | 40. In any event, the preamble to a European Union act has no binding legal force and cannot be relied on either as a ground for derogating from the actual provisions of the act in question or for interpreting them in a manner clearly contrary to their wording (Case C-308/97 Manfredi [1998] ECR I-7685, paragraph 30; Case C-136/04 Deutsche Milch-Kontor [2005] ECR I-10095, paragraph 32; and Case C-134/08 Tyson Parketthandel [2009] ECR I-2875, paragraph 16). | 53 Moreover, it follows from the Corbeau judgment, cited above (paragraphs 14 to 16), that the conditions for the application of Article 90(2) are fulfilled in particular if maintenance of those rights is necessary to enable the holder of them to perform the tasks of general economic interest assigned to it under economically acceptable conditions. | 0 |
9,317 | 33
As a preliminary point, it must be noted that, in accordance with Article 168(7) TFEU, as interpreted in the case-law of the Court, EU law does not detract from the power of the Member States to adopt provisions aimed at organising their health services. In exercising that power, however, the Member States must comply with EU law, in particular the provisions of TFEU on the freedom of establishment, which prohibit the Member States from introducing or maintaining unjustified restrictions of the exercise of that freedom in the health care sector (see, to that effect, judgment of 21 September 2017, Malta Dental Technologists Association and Reynaud, C‑125/16, EU:C:2017:707, paragraph 54 and the case-law cited). | 30. Instead of receiving all their remuneration in cash, the Astra Zeneca employees who have chosen to receive such vouchers must give up part of that remuneration in exchange for those vouchers, that transaction resulting in a specific deduction from their Fund. | 0 |
9,318 | 65. Indeed, in the case leading to that judgment, the question arose as to whether a refusal to grant a right of residence to a third country national with dependent minor children in the Member State where those children are nationals and reside and a refusal to grant such a person a work permit have such an effect. The Court considered in particular that such a refusal would lead to a situation where those children, who are citizens of the Union, would have to leave the territory of the Union in order to accompany their parents. In those circumstances, those citizens of the Union would, in fact, be unable to exercise the substance of the rights conferred on them by virtue of their status as citizens of the Union (see Ruiz Zambrano , paragraphs 43 and 44). | 32. It follows that the objective laid down in Article 1(1) of Directive 89/665 of guaranteeing effective procedures for review of infringements of the provisions applicable in the field of public procurement can be realised only if the periods laid down for bringing such proceedings start to run only from the date on which the claimant knew, or ought to have known, of the alleged infringement of those provisions (see, to that effect, Universale-Bau and Others , paragraph 78). | 0 |
9,319 | 46. As the Court has already held, overriding reasons in the public interest capable of justifying a restriction on the exercise of freedom of movement guaranteed by the Treaty include both the need to guarantee the effectiveness of fiscal supervision (see, to that effect, judgments in C‑101/05 A , EU:C:2007:804, paragraph 55; C‑155/08 and C‑157/08 X-van Schoot and Passenheim , EU:C:2009:368, paragraph 55; C‑262/09 Meilicke , EU:C:2011:438, paragraph 41, and C‑318/10 SIAT , EU:C:2012:415, paragraph 36) and the need to ensure effective collection of tax (see, to that effect, judgments in C‑269/09 Commission v Spain EU:C:2012:439, paragraph 64; C‑498/10 X , EU:C:2012:635, paragraph 39, and C‑53/13 and C‑80/13 Strojírny Prostějov et ACO Industries Tábor , EU:C:2014:2011, paragraph 46). | 64. As regards the justification relating to the need to ensure effective recovery of the tax debt, it should first be stated that the Court has recognised that that need could justify a restriction on the fundamental freedoms (see, to that effect, FKP Scorpio Konzertproduktionen , paragraph 35). | 1 |
9,320 | 118. In this connection, it should be borne in mind that the principle of non-discrimination prohibits not only direct or overt discrimination on grounds of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead to the same result (see Case C‑212/99 Commission v Italy [2001] ECR I‑4923, paragraph 24, and Case C‑224/00 Commission v Italy [2002] ECR I‑2965, paragraph 15). | 15 According to settled case-law, the rules regarding equality of treatment between nationals and non-nationals forbid not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead to the same result (see Pastoors and Trans-Cap, paragraph 16). | 1 |
9,321 | 35
With a view to answering the question as asked, it should be recalled at the outset that it is the company’s registered office that serves as the connecting factor with the legal system of a particular State, like nationality in the case of natural persons (see, inter alia, judgments of 28 January 1986, Commission v France, 270/83, EU:C:1986:37, paragraph 18, and of 14 December 2000, AMID, C‑141/99, EU:C:2000:696, paragraph 20). | 60. À cet effet, les propositions de la Commission ne sauraient lier la Cour et ne constituent que des indications (voir, en ce sens, arrêt Commission/République tchèque, précité, point 43). | 0 |
9,322 | 83 It must also be pointed out, however, that merely creating a dominant position by granting exclusive rights within the meaning of Article 90(1) of the Treaty is not in itself incompatible with Article 86 of the Treaty. A Member State is in breach of the prohibitions contained in those two provisions only if the undertaking in question, merely by exercising the exclusive rights granted to it, is led to abuse its dominant position or when such rights are liable to create a situation in which that undertaking is led to commit such abuses (Höfner and Elser, cited above, paragraph 29; Case C-260/89 ERT [1991] ECR I-2925, paragraph 37; Merci Convenzionali Porto di Genova, cited above, paragraphs 16 and 17; Case C-323/93 Centre d'Insémination de la Crespelle [1994] ECR I-5077, paragraph 18; and Case C-163/96 Raso and Others [1998] ECR I-533, paragraph 27). | 55. In consequence, contrary to the appellants’ assertion, the size of the relevant market is not as a rule a factor which must be taken into account, but just one among a number of other factors to be taken into account in evaluating the gravity of the infringement and setting the amount of the fine (see, to that effect, Dalmine v Commission , paragraph 132). | 0 |
9,323 | 22. La Cour a souligné à cet égard que l’exigence d’un établissement stable ou d’une présence sur le territoire national est en fait la négation même de cette liberté. Elle a pour conséquence d’enlever tout effet utile à l’article 49 CE, dont l’objet est précisément d’éliminer les restrictions à la libre prestation des services de la part d’une personne non établie dans l’État sur le territoire duquel la prestation doit être fournie (voir arrêts du 9 juillet 1997, Parodi, C‑222/95, Rec. p. I‑3899, point 31, et du 3 octobre 2006, Fidium Finanz, C‑452/04, Rec. p. I‑9521, point 46). | 41. Such a tax comes under the general system of internal taxation on goods and must therefore be examined in the light of Article 90 EC. | 0 |
9,324 | 44 That point of view cannot be accepted. As pointed out by the Commission, that question must be answered in the negative because, although Decree No 92-377 refers in its preamble to Directive 75/442, that directive establishes only a general framework, leaving Member States a significant degree of freedom (on that point see, in particular, Case C-443/98 Unilever [2000] ECR I-7535, paragraph 29). Directive 75/442 does not contain provisions imposing specific obligations on Member States which are implemented by the second paragraph of Article 4 of Decree 92-377. | 27 In the present case, the contributions paid by Mr Danner plainly constitute consideration for pensions which will be payable to him when he stops working and they unquestionably represent remuneration as regards the two German institutions which receive them (see, to that effect, Case C-157/99 Geraets-Smits and Peerbooms [2001] ECR I-5473, paragraph 58).
Restriction on freedom to provide services | 0 |
9,325 | 38 It is also important to note that, even if the decisions of the Minister for Industry to place the undertaking in difficulties under special administration and to allow it to continue trading are taken with regard, as far as possible, to the interests of the creditors and, in particular, to the prospects for increasing the value of the undertaking's assets, they are also influenced, as the Court held in paragraph 39 of its judgment in Ecotrade and as the national court has confirmed, by the concern to maintain the undertaking's economic activity in the light of national industrial policy considerations. | 77. As regards, fifth, the frequency of the penalty payment, in a case such as the present one concerning compliance with a judgment of the Court which involves the adoption of a legislative amendment, a penalty imposed on a daily basis should be chosen. | 0 |
9,326 | 44. In those circumstances it should be held that the lubricating oils in question, which are not subject to harmonised excise duty, are products other than those referred to in the first indent of Article 3(1) of Directive 92/12 (see, to that effect, Braathens , paragraphs 24 and 25, and Commission v Italy, paragraphs 31 and 33) so that, in accordance with the first subparagraph of Article 3(3) thereof, Member States are to retain the right to introduce or maintain taxes which are levied on those products provided that those taxes do not give rise to border-crossing formalities in trade between Member States. | 30. En effet, premièrement, selon une jurisprudence constante, les exonérations de TVA doivent être interprétées strictement puisqu’elles constituent des exceptions au principe général selon lequel chaque service fourni à titre onéreux par un assujetti est soumis à cette taxe (voir, notamment, arrêt du 22 décembre 2010, Feltgen et Bacino Charter Company, C‑116/10, Rec. p. I‑14187, point 19 et jurisprudence citée). | 0 |
9,327 | 56
Moreover, it follows from the Court’s case-law that the differentiation in the amounts of the fine, which the principle of equal treatment between undertakings requires, need not necessarily be undertaken in the context of setting the multipliers for the ‘gravity of the infringement’ and the ‘additional amount’, in view of the broad discretion enjoyed by the Commission in calculating the fine. The differences and circumstances particular to the undertakings concerned may, if need be, be taken into account at another stage in calculating the fine, such as in the context of adjusting the basic amount in the light of aggravating and mitigating circumstances under points 28 and 29 of the 2006 Guidelines (see, to that effect, judgments of 11 July 2013, Gosselin Group v Commission, C‑429/11 P, not published, EU:C:2013:463, paragraphs 96 to 100, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 104 and 105), or in the context of the value of sales taken into account in calculating the basic amount of the fine, inasmuch as that value reflects, for each participating undertaking, the extent of its participation in the infringement in question, in accordance with point 13 of the 2006 Guidelines. | 39. As regards the question whether that duty is a charge having equivalent effect, it is settled case-law that any pecuniary charge, whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect within the meaning of Articles 23 EC and 25 EC (see, inter alia, Case C‑90/94 Haahr Petroleum [1997] ECR I‑4085, paragraph 20, and Case C-213/96 Outokumpu [1998] ECR I‑1777, paragraph 20). | 0 |
9,328 | 181. Second, the operator or owner of an illegal tip must be regarded as the holder of waste for the purposes of Article 8 of the Directive, so that this provision imposes on the Member State concerned the obligation to take, in his regard, the steps necessary to ensure that that waste is handed over to a private or public waste collector or a waste disposal undertaking, unless it is possible for the operator or owner himself to recover or dispose of the waste (see, in particular, San Rocco , paragraph 108, the judgment of 9 September 2004 in Case C-383/02 Commission v Italy , not published in the ECR, paragraphs 40, 42 and 44, and the judgment of 25 November 2004 in Case C-447/03 Commission v Italy , not published in the ECR, paragraphs 27, 28 and 30). | 52. It must be recalled that the elements which characterise different situations, and hence their comparability, must in particular be determined and assessed in the light of the subject-matter and purpose of the European Union act which makes the distinction in question. The principles and objectives of the field to which the act relates must also be taken into account (see, inter alia, Arcelor Atlantique et Lorraine and Others , paragraph 26, and Luxembourg v Parliament and Council , paragraph 32 and the case-law cited). | 0 |
9,329 | 79. That provision lays down two conditions for the exclusion of a project from the scope of Directive 85/337. The first requires the details of the project to be adopted by a specific legislative act. Under the second, the objectives of the directive, including that of supplying information, must be achieved through the legislative process (see Case C-435/97 WWF and Others [1999] ECR I-5613, paragraph 57; Boxus and Others , paragraph 37; and Solvay and Others , paragraph 31). | 20 It acknowledges that the German practice in issue here might be regarded as a restriction on intra-Community trade. However, it considers that such a restriction is justified both on grounds of the protection of the health of humans within the meaning of Article 36 of the EC Treaty and by mandatory requirements within the meaning of Case 120/78 Rewe-Zentral (the `Cassis de Dijon' case) [1979] ECR 649, paragraph 8, in particular the need to protect the consumer. | 0 |
9,330 | 35 On this point, it is sufficient to observe that the appellants' arguments do not indicate in a sufficiently precise and substantiated manner the pleas in law relied on to show an infringement of the law by the contested judgment. By virtue of the first paragraph of Article 51 of the EC Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure, an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside, and also the legal arguments specifically advanced in support of the appeal. The Court of Justice has consistently held that that requirement is not satisfied by an appeal which confines itself to repeating or reproducing word for word the pleas in law and arguments previously submitted to the Court of First Instance (see, inter alia, Case C-48/96 P Windpark Groothusen v Commission [1998] ECR I-2873, paragraph 56). | 35 This means that, where such discrimination has been suffered, equal treatment is to be achieved by placing the worker discriminated against in the same situation as that of workers of the other sex. | 0 |
9,331 | 48. However, it should be noted, first, that the tax advantage consisting of the depreciation of the goodwill produces immediate effects for the parent company, while the taxation of the capital gains realised upon the disposal of the investment in the resident company is remote and uncertain. The referring court notes, moreover, in that regard that strategic holdings are generally held for the long term. In those conditions, the fact that it is possible to tax capital gains realised upon a disposal of the holding is not such as to constitute a consideration based on fiscal cohesion justifying a refusal to grant that tax advantage where a parent company acquires a holding in a non-resident company which becomes a member of a group of companies (see, to that effect, judgments in Rewe Zentralfinanz , C‑347/04, EU:C:2007:194, paragraph 67, and DI. VI. Finanziaria di Diego della Valle & C. , C‑380/11, EU:C:2012:552, paragraph 49). | 47. La question de savoir dans quelle mesure un signe protégé dans un État membre confère le droit d’interdire l’utilisation d’une marque plus récente doit être examinée au regard du droit national applicable (voir, en ce sens, ordonnance Tresplain Investments/OHMI, C‑76/11 P, EU:C:2011:790, point 55). À cet égard, il convient de tenir compte, notamment, de la réglementation nationale invoquée et des décisions de justice rendues dans l’État membre concerné. Sur ce fondement, l’opposant doit démontrer que le signe en cause entre dans le champ d’application du droit de l’État membre invoqué et qu’il permet d’interdire l’utilisation d’une marque plus récente (arrêt Anheuser-Busch/Budějovický Budvar, C‑96/09 P, EU:C:2011:189, point 190). | 0 |
9,332 | 27. In the context of that cooperation, questions concerning European Union law 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 European Union law that is sought is unrelated 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 and legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25; Joined Cases C‑570/07 and C‑571/07 Blanco Pérez and Chao Gómez [2010] ECR I‑4629, paragraph 36; and The Chartered Institute of Patent Attorneys , paragraph 32 and the case-law cited). | 58. In that respect, the diversity of the supporting documents on which the competent authorities may rely, a non-exhaustive list of which is set out in Annex II to that code, and the variety of methods available to those authorities, including interviewing the applicant as provided for in Article 21(8) of that code, confirm the complex nature of the examination of visa applications. | 0 |
9,333 | 53. Thus, as regards the determination of that volume or those prices, Article 3(3) of the basic regulation sets out the factors to be taken into account in that examination, while specifying that one or more of those factors cannot in themselves give decisive guidance (see judgment in Neotype Techmashexport v Commission and Council , C‑305/86 and C‑160/87, EU:C:1990:295, paragraph 50). | 18 As the Court has already made clear, the last-mentioned condition is of particular importance where the directive in question is intended to accord rights to nationals of other Member States (Case C-365/93, cited above, paragraph 9). That is the position in the present case, it being one of the aims of the Directive, according to the sixth recital in its preamble, to safeguard the citizen in his role as consumer when acquiring goods and services under contracts which are governed by the laws of Member States other than his own. | 0 |
9,334 | 23. As the obligation to notify referred to, inter alia, in the first subparagraph of Article 8(1) of Directive 98/34 is essential for achieving that Community control, the effectiveness of such control will be that much greater if that directive is interpreted as meaning that failure to observe the obligation to notify constitutes a substantial procedural defect such as to render the technical regulations in question inapplicable and therefore unenforceable against individuals ( CIA Security International , paragraphs 44, 48 and 54, and Lemmens , paragraph 33). | 81. However, the fact remains that, although the requirement as to 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 must be interpreted in the light of the principle of effective judicial protection, such an interpretation cannot have the effect of setting aside that condition without going beyond the jurisdiction conferred by the Treaty on the Community courts (see, by analogy, Unión de Pequeños Agricultores v Council , paragraph 44, as regards the condition that the contested act must be of individual concern to the natural or legal person lodging an application). | 0 |
9,335 | 74. Along the same lines, in its judgment in Case C-372/04 Watts [2006] ECR I-4325, paragraph 90, concerning the provision of medical services, the Court held that Article 49 EC applied to the situation of a patient living in the United Kingdom, whose state of health required hospital treatment and who, having gone to another Member State to receive the relevant treatment there for remuneration, then applied for reimbursement from the National Health Service, even though identical services were provided free of charge by the national health system of the United Kingdom. | 19 It must be emphasized in that regard that, as is apparent from the provision at issue, the proper time for the defendant to have an opportunity to defend himself is the time at which proceedings are commenced. The possibility of having recourse, at a later stage, to a legal remedy against a judgment given in default of appearance, which has already become enforceable, cannot constitute an equally effective alternative to defending the proceedings before judgment is delivered. | 0 |
9,336 | 122. Having regard to all of the foregoing, the Commission concludes that the Historical Territories do not assume all the financial consequences of measures to reduce the tax rate or to increase authorised deductions. Consequently, the third condition set out in paragraph 67 of Portugal v Commission is not satisfied.
– The Court’s reply | 46. Although Article 5 of the Directive specifically concerns a strategy the purpose of which is to reduce waste going to landfill, the Directive as a whole plainly applies to waste in the liberal sense of the word, as it is defined in Article 2(a). | 0 |
9,337 | 70. However, the Court has acknowledged that, given the practical difficulties in identifying users and obliging them to compensate rightholders for the harm caused to them, it is open to the Member States to establish a levy chargeable not to the users concerned but to the persons who have the digital reproduction equipment, devices and media and who, on that basis, in law or in fact, make that equipment available to those users or who provide copying services for them and who are able to pass on the cost of the levy to the users (see, to that effect, judgment in Padawan , C‑467/08, EU:C:2010:620, paragraphs 46 and 48). | 37. In the present context, it must be held that, on the date on which the appellant in the main proceedings in Case C‑261/08 was officially accused of being unlawfully present on Spanish territory, namely 26 September 2006, Regulation No 562/2006 had not yet entered into force, with the result that the issue as to whether that regulation needs to be interpreted may arise in relation to the facts giving rise to that case. | 0 |
9,338 | 68. According to established case-law, where the Commission refuses to charge certain expenditure to the EAGGF on the ground that it was incurred as a result of a breach of Community rules for which a Member State can be held responsible, the Commission is not required to demonstrate exhaustively that the checks carried out by the Member States are inadequate or that the figures supplied by them are incorrect, but to provide evidence of the serious and reasonable doubt it entertains concerning the checks carried out by the national authorities or concerning the correct application of the Community law in force. The reason for this mitigation of the burden of proof on the Commission is that it is the State which is best placed to collect and check the data required for the clearance of EAGGF accounts, and which is consequently required to adduce the most detailed and comprehensive evidence that its checks are actually carried out and, if appropriate, that the Commission’s assertions are incorrect (see, inter alia, Case C‑278/98 Netherlands v Commission [2001] ECR I-1501, paragraphs 39 to 41; Case C-377/99 Germany v Commission [2002] ECR I-7421, paragraph 95; Case C-329/00 Spain v Commission [2003] ECR I-6103, paragraph 68). | 52. In that regard, it is necessary, first of all, to take into consideration the first sentence of Article 6(1) of Regulation No 1367/2006. | 0 |
9,339 | 63. The Court has thus held, in particular, that an applicant may retain an interest in claiming the annulment of a decision either in order to be restored to his original position (Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraph 32) or in order to induce the author of the contested act to make suitable amendments in the future, and thereby avoid the risk that the unlawfulness alleged in respect of that act will be repeated (see, to that effect, Simmenthal v Commission , paragraph 32; Case 53/85 AKZO Chemie and AKZO Chemie UK v Commission [1986] ECR 1965, paragraph 21; and Wunenburger v Commission , paragraph 50). | 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 |
9,340 | 22
The Court has already held that it follows from the first and second indents of Article 17 of Directive 2004/35, read in conjunction with recital 30 thereto, that the directive applies to damage caused by an emission, event or incident which took place on or after 30 April 2007, where the damage derives from activities which took place on or after that date or from activities which took place before that date, but were not brought to completion before that date (see judgment of 4 March 2015, Fipa Group and Others, C‑534/13, EU:C:2015:140, paragraph 44). | 44. It follows from the first and second indents of Article 17 of Directive 2004/35, read in conjunction with recital 30 thereto, that the directive applies only to damage caused by an emission, event or incident which took place on or after 30 April 2007, where the damage derives from activities which took place on or after that date or from activities which took place before that date, but were not brought to completion before that date (see, to that effect, judgments in ERG and Others , EU:C:2010:126, paragraphs 40 and 41; ERG and Others , EU:C:2010:127, paragraph 34; and order in Buzzi Unicem and Others , EU:C:2010:129, paragraph 32). | 1 |
9,341 | 56. In that regard, it should be noted that the notion of general interest underlying Article 7(1)(b) of Regulation No 40/94 is, manifestly, indissociable from the essential function of a trade mark, which is to guarantee the identity of the origin of the marked product or service to the consumer or end-user by enabling him, without any possibility of confusion, to distinguish the product or service from others which have another origin ( SAT.1 v OHIM , paragraphs 23 to 27, and BioID v OHIM , paragraph 60). | 136 It follows that the situations were not comparable and there was no breach of the principle of equal treatment. | 0 |
9,342 | 2 THE APPLICANT FIRST OF ALL REQUESTED THE ANNULMENT OF THE INDIVIDUAL DECISION ON THE GROUND THAT THE BASIC DECISION , DECISION NO 3000/77/ECSC , WAS ILLEGAL . IN ITS REPLY , IT SUBSEQUENTLY TOOK NOTE OF THE JUDGMENT DELIVERED ON 18 MARCH 1970 IN JOINED CASES 154/78 , 205 AND 206/78 , 226 TO 228/78 , 263 AND 264/78 , 31 , 39 , 83 AND 85/79 , SPA FERRIERE VALSABBIA AND OTHERS , IN WHICH THE COURT DISMISSED THE SUBMISSION BASED BY THE APPLICANTS ON THE ILLEGALITY OF GENERAL DECISION NO 962/77/ECSC OF 4 MAY 1977 ( OFFICIAL JOURNAL L 114 , P . 1 ); DECISION NO 3000/77/ECSC MERELY PROLONGS THAT DECISION AS REGARDS CONCRETE REINFORCING BARS AND EXTENDS IT TO HOT-ROLLED WIDE STRIPS AND MERCHANT BARS . CONSEQUENTLY , THE APPLICANT LIMITED ITS APPLICATION TO THE ANNULMENT OF THE INDIVIDUAL DECISION IMPOSING A FINE OF 31 OCTOBER 1979 ON THE GROUND OF ILLEGALITY ' ' CONSISTING IN DEFECTS PERTAINING TO THAT DECISION ' ' ; IN THE ALTERNATIVE IT REQUESTED THE AMENDMENT OF THAT DECISION BY REDUCING THE FINE TO A ' ' PURELY NOMINAL ' ' LEVEL .
| 6 IN ITS FIRST QUESTION, THE FINANZGERICHT IS ASKING ESSENTIALLY WHETHER REGULATION NO 1430/79 APPLIES TO GOODS COVERED BY THE ECSC TREATY . | 0 |
9,343 | 27 It must be pointed out here that Article 11A(3)(b) of the Sixth Directive is merely an application of the rule laid down in Article 11A(1)(a) of that directive as interpreted by the Court in its decisions (see the judgment in Boots Company, cited above, paragraph 19). According to the latter provision, the taxable amount is, with regard to the supply of goods, everything which constitutes the consideration which has been or is to be obtained by the supplier from the purchaser. According to the Court's settled case-law, the definitive taxable amount for the supply of goods is the consideration actually received for them (see Case C-38/93 Glawe [1994] ECR I-1679, paragraph 8, and Case C-288/94 Argos Distributors [1996] ECR I-5311, paragraph 16). Article 11A(1)(a) thus ensures the neutrality of the tax, a principle inherent in the common system of VAT which must be observed when the provisions of the Sixth Directive are to be interpreted (see, to that effect, Case C-317/94 Elida Gibbs [1996] ECR I-5339, paragraphs 26 to 31). | 32 Such an obligation would jeopardize the fundamental rights of the employee, who must be free to choose his employer and cannot be obliged to work for an employer whom he has not freely chosen. | 0 |
9,344 | 88
It follows that, where the judicial authority of the executing Member State is in possession of evidence of a real risk of inhuman or degrading treatment of individuals detained in the issuing Member State, having regard to the standard of protection of fundamental rights guaranteed by EU law and, in particular, by Article 4 of the Charter (see, to that effect, judgment in Melloni, C‑399/11, EU:C:2013:107, paragraphs 59 and 63, and Opinion 2/13, EU:C:2014:2454, paragraph 192), that judicial authority is bound to assess the existence of that risk when it is called upon to decide on the surrender to the authorities of the issuing Member State of the individual sought by a European arrest warrant. The consequence of the execution of such a warrant must not be that that individual suffers inhuman or degrading treatment. | 36. Tout d’abord, il convient de relever que le Tribunal a justement rappelé, au point 20 de l’ordonnance attaquée, que le préjudice dont il est demandé réparation dans le cadre d’un recours en responsabilité non contractuelle de la Communauté au sens de l’article 288, deuxième alinéa, CE doit être réel et certain, ce qu’il appartient à la partie requérante de prouver (voir arrêt du 9 novembre 2006, Agraz e.a./Commission, C‑243/05 P, Rec. p. I‑10833, point 27 et jurisprudence citée). Il incombe à cette dernière d’apporter des preuves concluantes tant de l’existence que de l’étendue du préjudice qu’elle invoque (voir arrêt du 16 septembre 1997, Blackspur DIY e.a./Conseil et Commission, C‑362/95 P, Rec. p. I‑4775, point 31). | 0 |
9,345 | 51. In addition, it should be noted that, in the cases in the main proceedings, the applications for grant of the unlawful aid measure, namely the partial rebate on energy taxes, may be likened to applications for partial exemption from those taxes. As is clear from case-law, businesses liable to pay an obligatory contribution cannot rely on the argument that the exemption enjoyed by other businesses constitutes State aid in order to avoid payment of that contribution (see Case C‑390/98 Banks [2001] ECR I-6117, paragraph 80; Joined Cases C‑430/99 and C‑431/99 Sea-Land Service and Nedlloyd Lijnen [2002] ECR I‑5235, paragraph 47; Distribution Casino France and Others , paragraph 42, and Air Liquide Industries Belgium , paragraph 43). | 25 However, Article 3(1)(c) of the Directive pursues an aim which is in the public interest, namely that descriptive signs or indications relating to the categories of goods or services in respect of which registration is applied for may be freely used by all, including as collective marks or as part of complex or graphic marks. Article 3(1)(c) therefore prevents such signs and indications from being reserved to one undertaking alone because they have been registered as trade marks. | 0 |
9,346 | 182. In so far as the question concerns successive fixed-term employment contracts, it must be pointed out that that question is the same as a question on which the Court has already given a ruling in Adeneler and Others (paragraphs 91 to 105) and that other relevant information enabling an answer to be given to that question appears in the judgments in Marrosu and Sardino (paragraphs 44 to 57) as well as Vassallo (paragraphs 33 to 42) and the order in Vassilakis and Others (paragraphs 120 to 137). | 143. It is the intention to ensure that the fine has sufficient deterrent effect which justifies the taking into account of the financial capacity of the undertaking concerned (see judgment in Lafarge v Commission , C‑413/08 P, EU:C:2010:346, paragraph 104). | 0 |
9,347 | 77. Afin de garantir la proportionnalité de l’astreinte, la Commission propose d’appliquer celle‑ci de manière dégressive, dès lors qu’il est particulièrement difficile pour l’État membre défendeur de parvenir à une exécution complète de ses obligations découlant de l’article 260 TFUE et qu’il est envisageable que cet État membre parvienne à augmenter substantiellement le degré d’exécution sans arriver à une exécution complète à court terme (arrêt Commission/Espagne, C‑278/01, EU:C:2003:635, points 47 à 49). La Cour aurait jugé que ce principe était applicable à un cas très semblable à la présente affaire, où la République italienne avait rencontré de sérieuses difficultés à récupérer les aides illégales accordées à un grand nombre de bénéficiaires (arrêt Commission/Italie, C‑496/09, EU:C:2011:740, points 47 et suivants). | 47. To determine the form of the penalty payment, account must be taken of the special character, adduced by the Italian Republic, of the operations for recovery of the aid paid under the scheme that was declared incompatible with the common market by Decision 2000/128. | 1 |
9,348 | 35. However, it must be recalled that the Court has specified that this rule cannot be applied ex post to a right to annual leave accumulated during a period of full-time work. Thus, it cannot be inferred from the relevant provisions of Directive 2003/88 or from Clause 4.2 of the framework agreement on part-time work that national legislation may provide, among the conditions for the exercise of the right to paid annual leave, for the partial loss of the right to leave accumulated over a reference period (see Zentralbetriebsrat der Landeskrankenhäuser Tirols , paragraphs 33 and 34). | 30 The answer to the second question must therefore be that, where a medicinal product is covered by several basic patents, the Regulation does not preclude the grant of a supplementary protection certificate to each holder of a basic patent.
The third and fourth questions | 0 |
9,349 | 32. It must be observed, next, that in CSC Financial Services , the Court, with reference to paragraphs 64 and 66 of SDC , stressed that the nature of the activities of CSC Financial Services Ltd was the essential element in determining whether the latter provided a service which was exempt for the purposes of points (3) to (5) of Article 13B(d) of the Sixth Directive ( CSC Financial Services , paragraphs 23 to 28). Second, the Court held at the beginning of paragraph 39 of that judgment that it was not necessary to consider the precise meaning of the term ‘negotiation’. | 43. En outre, quand bien même il ressortirait de l’article 31, paragraphe 3, sous b), de la directive 2001/18 que les localisations des OGM cultivés au titre de la partie C de celle-ci doivent être notifiées et rendues publiques de la manière jugée appropriée par les autorités compétentes, il n’en demeure pas moins que la marge d’appréciation laissée à cet égard aux États membres n’est pas absolue. En effet, les dispositions d’une directive doivent être mises en œuvre avec une force contraignante incontestable et avec la spécificité, la précision et la clarté requises, afin que soit satisfaite l’exigence de sécurité juridique (voir, notamment, arrêts Commission/Pologne, C‑281/11, EU:C:2013:855, point 101; Commission/Irlande, C‑50/09, EU:C:2011:109, point 46, et Commission/Pologne, C‑362/10, EU:C:2011:703, point 46). | 0 |
9,350 | 42
It is apparent, notably from the provisions of Articles 551, 552 and 816(2) of the LEC, that, in the Spanish procedural system, the court hearing the enforcement of an order for payment may neither assess of its own motion the unfair nature, in the light of Article 6 of Directive 93/13, of a term in a contract concluded between a seller or supplier and a consumer, nor determine of its own motion whether such a term runs counter to the national rules of public policy, which it is, nevertheless, for the national court to ascertain (see, to that effect, judgment in Aziz, C‑415/11, EU:C:2013:164, paragraph 52). | 30
In that respect, it is necessary to point out, first, that the fact that the coal is essential to the functioning of the power plant is in itself sufficient for the view to be taken that the storage is directly associated with that plant’s activity. That direct association is, moreover, evidenced by the existence of a technical connection between the two activities. As the Advocate General proposes in point 30 of her Opinion, such a connection should be assumed if the relevant activity is integrated into the same technical process as the power plant’s combustion activity. | 0 |
9,351 | 61. It is settled case‑law that, as a general rule, the mere combination of elements, each of which is descriptive of characteristics of the goods or services in respect of which registration is sought, itself remains descriptive of those characteristics for the purposes of Article 7(1)(c) of the regulation. However, such a combination may not be descriptive for the purposes of that provision, provided that it creates an impression which is sufficiently far removed from that produced by the combination of those elements (see Case C‑363/99 Koninklijke KPN Nederland [2004] ECR I‑1619, paragraphs 98 and 99; Case C‑265/00 Campina Melkunie [2007] ECR I‑1699, paragraphs 39 and 40; and Case C‑273/05 P OHIM v Celltech [2007] ECR I‑2883, paragraphs 77 and 78). | Par conséquent, un moyen portant sur la légalité au fond de la décision litigieuse, qui relève de la violation des traités
ou de toute règle de droit relative à leur application, au sens de l’article 263, deuxième alinéa, TFUE, ne peut en principe
être examiné par le juge de l’Union que s’il est invoqué par le requérant (voir arrêts du 10 décembre 2013, Commission/Irlande
e.a., C‑272/12 P, EU:C:2013:812, point 28, ainsi que du 20 mars 2014, Rousse Industry/Commission, C‑271/13 P, non publié,
EU:C:2014:175, point 18). | 0 |
9,352 | 67 However, for the latter category of persons, Article 119 cannot be invoked in relation to rights in respect of periods of service before 8 April 1976, because it was only on the date of the judgment in Defrenne II that the Court recognized that Article 119 could be relied upon directly, but only in relation to future periods of pay. | 79. However, in order for that restriction to be justified on that basis, it must also be appropriate and proportionate to the objective pursued, as noted in paragraph 69 above. | 0 |
9,353 | 47. According to settled case-law, the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it (Case C-210/03 Swedish Match [2004] ECR I‑11839, paragraph 47, and Case C-479/04 Laserdisken [2006] ECR I‑8089, paragraph 53). | 8 In that connection the Greek Government argued that Article 59 of the Treaty applies only where a person providing services and their recipients are established in different Member States. | 0 |
9,354 | 48. It is true that the Court has also held that, where the European Union intends to implement a particular obligation assumed in the context of the agreements concluded in the context of the World Trade Organization (‘the WTO agreements’) or where the EU act at issue refers explicitly to specific provisions of those agreements, the Court should review the legality of the act at issue and the acts adopted for its implementation in the light of the rules of those agreements (see judgments in Fediol v Commission , EU:C:1989:254, paragraphs 19 to 23; Nakajima v Council , EU:C:1991:186, paragraphs 29 to 32; Germany v Council , C‑280/93, EU:C:1994:367, paragraph 111, and Italy v Council , C‑352/96, EU:C:1998:531, paragraph 19) | 23 Care insurance gives entitlement to full or partial direct payment of certain expenditure entailed by the insured person's reliance on care such as care provided in the home, in specialised centres or hospitals, the purchase of equipment required by insured persons, the carrying out of work in the home and the payment of monthly financial aid allowing the insured to choose the method of assistance they prefer and, for example, to remunerate in one form or another the third party assisting them. The care insurance scheme provides cover, furthermore, against the risks of accident, old age and invalidity for some of those third parties. | 0 |
9,355 | 63. Concerning the expression ‘as a result of a legal transfer or merger’ , which also appears in Article 1(1) of Directive 77/187, it should be noted that the Court of Justice has, on account of the differences between the language versions of that directive and the divergences between the laws of the Member States with regard to the concepts to which the latter refer, given that expression a sufficiently flexible interpretation in keeping with the objective of the directive, which is to safeguard employees in the event of a transfer of their undertaking (Case C‑29/91 Redmond Stichting [1992] ECR I‑3189, paragraphs 10 and 11; Joined Cases C‑171/94 and C‑172/94 Merckx and Neuhuys [1996] ECR I‑1253, paragraph 28; Jouini and Others , paragraph 24). It has thus ruled that the fact that the transfer results from unilateral decisions of public authorities rather than from an agreement does not render the directive inapplicable (see, in particular Redmond Stichting , paragraphs 15 to 17; Collino and Chiappero , paragraph 34; UGT-FSP , paragraph 25). | 63 However, Hi-Tech considers that, in the light of Article 30 of the Treaty, the principle of proportionality has not been observed. | 0 |
9,356 | 32. The existence of a previous criminal conviction can, therefore, only be taken into account in so far as the circumstances which gave rise to that conviction are evidence of personal conduct constituting a present threat to the requirements of public policy (see, inter alia, Case 30/77 Bouchereau [1977] ECR 1999, paragraph 28; Case C‑348/96 Calfa [1999] ECR I‑11, paragraph 24; and Case C‑50/06 Commission v Netherlands [2007] ECR I‑0000, paragraph 41). | 88. It follows that the inclusion in the label of a neutral and objective statement informing consumers of the presence in the product of vegetable fats other than cocoa butter would be sufficient to ensure that consumers are given correct information. | 0 |
9,357 | 52. In that context, the redefinition by that court must go no further than is necessary for the correct charging of the VAT and the prevention of tax evasion (see, to that effect, Halifax and Others , paragraph 92). | 9. Il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 3 juin 2008, Commission/France, C‑507/07, point 7). | 0 |
9,358 | 60. According to the Court’s case-law, health care establishments and infrastructure, pharmacies and opticians’ shops may be subject to planning, so as to ensure the provision of public health care which is adapted to the needs of the population, covers the entire territory and takes account of geographically isolated or otherwise disadvantaged regions (see, to that effect, judgments in Hartlauer , C‑169/07, EU:C:2009:141, paragraphs 51 and 52; Blanco Pérez and Chao Gómez , C‑570/07 and C‑571/07, EU:C:2010:300, paragraph 70, and Ottica New Line di Accardi Vincenzo , C‑539/11, EU:C:2013:591, paragraphs 36 and 37). | 52. Planning which requires prior authorisation for setting up new providers of services may prove indispensable for filling in possible gaps in access to outpatient care and for avoiding the duplication of structures, so as to ensure medical care which is adapted to the needs of the population, covers the entire territory and takes account of geographically isolated or otherwise disadvantaged regions. | 1 |
9,359 | 28 In the fourth case before the referring court the entitlement to an orphan's pension was therefore maintained in Germany under the principle laid down in paragraph 29 of the judgment in Case C-227/89 Rönfeldt [1991] ECR I-323 and paragraphs 38 to 45 of the judgment in Gómez Rodríguez, cited above, according to which entitlement to a more favourable benefit under a social-security convention cannot be lost owing to the entry into force of the Regulation. | 77. Once the authorities of one Member State have issued a driving licence in accordance with Article 1(1) of Directive 91/439, the other Member States are not entitled to investigate whether the conditions for issue laid down by that directive have been observed. The possession of a driving licence issued by one Member State has to be regarded as constituting proof that, on the day that licence was issued, its holder fulfilled those conditions ( Wiedemann and Funk , paragraph 53; Zerche and Others , paragraph 50). | 0 |
9,360 | 40. In that regard, it is also appropriate to point out that, according to the Court’s settled case-law, the absence of a common organisation of the market in a particular agricultural sector is irrelevant to the application of Articles 28 EC and 29 EC to trade in that sector’s goods; the Court has held that such was particularly the case as regards the Member States which adhered to the Community by virtue of the 1972 Act of Accession (see, precisely in relation to the potato sector, Case 68/76 Commission v France [1977] ECR 515, paragraphs 17 to 21; Case 231/78 Commission v United Kingdom [1979] ECR 1447, paragraphs 12 to 18; and Case 288/83 Commission v Ireland [1985] ECR 1761, paragraph 23). | 13AS REGARDS THE ELIMINATION OF QUANTITATIVE RESTRICTIONS , THE ESTABLISHMENT OF A COMMON MARKET MUST , ACCORDING TO ARTICLE 3 ( A ) OF THE TREATY , INCLUDE FIRST OF ALL ' ' THE ELIMINATION , AS BETWEEN MEMBER STATES , OF CUSTOMS DUTIES AND OF QUANTITATIVE RESTRICTIONS ON THE IMPORT AND EXPORT OF GOODS , AND OF ALL OTHER MEASURES HAVING EQUIVALENT EFFECT ' ' . ARTICLES 30 ET SEQ . PROVIDE FOR THE COMPLETE ELIMINATION , DURING THE TRANSITIONAL PERIOD , OF QUANTITATIVE RESTRICTIONS AND ALL MEASURES HAVING EQUIVALENT EFFECT BETWEEN MEMBER STATES . THE IMPORTANCE OF THAT PROHIBITION FOR THE ACHIEVEMENT OF FREEDOM OF TRADE BETWEEN MEMBER STATES PRECLUDES ANY BROAD INTERPRETATION OF THE RESERVATIONS OR DEROGATIONS IN THAT CONNEXION PROVIDED FOR IN THE ACT OF ACCESSION .
| 1 |
9,361 | 40. More specifically, the existence of ‘waste’, within the meaning of Directive 2006/12, must be determined in the light of all the circumstances, regard being had to the aim of that directive and the need to ensure that its effectiveness is not undermined (see Joined Cases C‑418/97 and C‑419/97 ARCO Chemie Nederland and Others [2000] ECR I‑4475, paragraphs 73, 88 and 97; Case C‑9/00 Palin Granit and Vehmassalon kansanterveystyön kuntayhtymän hallitus [2002] ECR I‑3533, paragraph 24; and Commission v Italy , paragraph 41). | 81. Il convient donc de noter que, bien que le libellé du point 3.2.1 de l’encadrement 1994 ainsi que celui des points 36 et 37 de l’encadrement de 2001 ne soient pas identiques, les termes de ce dernier, en ce qui concerne les investissements dont les coûts sont éligibles, ne comportent pas une modification substantielle du dispositif antérieur. | 0 |
9,362 | 18. According to the Court’s case-law, where a transaction comprises a bundle of elements and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, firstly, if there were two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of goods or as a supply of services (see, to that effect, Case C-231/94 Faaborg‑Gelting Linien [1996] ECR I‑2395, paragraphs 12 to 14; Case C-41/04 Levob Verzekeringen and OV Bank [2005] ECR I‑9433, paragraph 19; and Case C-111/05 Aktiebolaget NN [2007] ECR I-2697, paragraph 17). | 28. If a Member State is able to show that the measures chosen reflect a necessary aim of its social policy and are suitable and necessary for achieving that aim, the mere fact that the legislative provision affects far more women workers than men cannot be regarded as a breach of Article 119 and the Directive (see Case C-343/92 De Weerd, née Roks, and Others v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen and Others [1994] ECR I-571 and Case C-444/93 Megner and Scheffel v Innungskrankenkasse Vorderpfalz [1995] ECR I-0000). | 0 |
9,363 | 44. However, that incorrect reference to Article 133 EC as a second legal basis for that directive does not of itself mean that the directive is invalid ( British American Tobacco (Investments) and Imperial Tobacco , paragraph 98). Such an error in the citations of a Community act is no more than a purely formal defect, unless it gave rise to irregularity in the procedure applicable to the adoption of that act (see, to that effect, Case 165/87 Commission v Council [1988] ECR 5545, paragraph 19, and Joined Cases C-184/02 and C-223/02 Spain and Finland v Parliament and Council [2004] ECR I-0000, paragraph 44). The Court went on to hold, in paragraph 111 of British American Tobacco (Investments) and Imperial Tobacco , that recourse to the twofold legal basis of Articles 95 EC and 133 EC did not give rise to irregularity in the procedure for adopting the directive and that the directive was not invalid on that account. | 55. In that regard, it is settled law that Member States may adopt implementing measures for a regulation provided that they do not thereby obstruct its direct applicability or conceal its Community nature; that they specify that they are acting in exercise of a discretion granted to them under that regulation; and that they adhere to the parameters laid down thereunder (see, to that effect, inter alia, Case C‑592/11 Ketelä EU:C:2012:673, paragraph 36 and the case-law cited). | 0 |
9,364 | 62. Basing its decision on paragraph 104 of Smits and Peerbooms and paragraph 90 of Müller-Fauré and van Riet , the Court held that, in order to determine whether treatment which is equally effective for the patient can be obtained without undue delay in the Member State of residence, the competent institution is required to have regard to all the circumstances of each specific case, taking due account not only of the patient’s medical condition at the time when authorisation is sought and, where appropriate, of the degree of pain or the nature of the patient’s disability which might, for example, make it impossible or extremely difficult for him to carry out a professional activity, but also of his medical history ( Inizan , paragraph 46). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,365 | 24. In any event, as regards the application of Articles 34 TFEU to 36 TFEU governing the free movement of goods, referred to by that court, it must be borne in mind, as this Court has observed on a number of occasions, that those provisions do not apply to national rules concerning the closure of shops that are enforceable against all economic operators pursuing activities within the national territory and that affect, in the same way, in law and in fact, the sale of domestic products and of products from other Member States (see, inter alia, Joined Cases C‑69/93 and C‑258/93 Punto Casa and PPV EU:C:1994:226, paragraph 15, and Joined Cases C‑418/93 to C‑421/93, C‑460/93 to C‑462/93, C‑464/93, C‑9/94 to C‑11/94, C‑14/94, C‑15/94, C‑23/94, C‑24/94 and C‑332/94 Semeraro Casa Uno and Others EU:C:1996:242, paragraph 28). | 69. Si, par contre, l’autorité compétente de l’Union fournit des informations ou des éléments de preuve pertinents, le juge de l’Union doit vérifier l’exactitude matérielle des faits allégués au regard de ces informations ou éléments et apprécier la force probante de ces derniers en fonction des circonstances de l’espèce et à la lumière des éventuelles observations présentées, notamment, par la personne concernée à leur sujet (voir arrêt Kadi II, point 124). | 0 |
9,366 | 24. In examining the present plea, it should be noted first of all that Article 4 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88] of the EC Treaty (OJ 1999 L 83, p. 1) provides for a stage at which the aid measures notified undergo a preliminary examination, the purpose of which is to enable the Commission to form an initial view as to whether that aid is compatible with the common market. On completion of that stage, the Commission is to make a finding either that the measure does not constitute aid or that it falls within the scope of Article 87(1) EC. In the latter case, it may be that the measure does not raise doubts as to its compatibility with the common market; on the other hand, it is also possible that the measure may raise such doubts (judgment of 24 May 2011 in Case C‑83/09 P Commission v Kronoply and Kronotex , not yet published in the ECR, paragraph 43; order of 9 June 2011 in Case C‑451/10 P TF1 v Commission , paragraph 47; judgment of 22 September 2011 in Case C‑148/09 P Belgium v Deutsche Post and DHL International , not yet published in the ECR, paragraph 53; and judgment of 27 October 2011 in Case C‑47/10 P Austria v Scheucher-Fleisch and Others , not yet published in the ECR, paragraph 40). | 32 Finally, the fact that the volume of trade has constantly increased over recent years is not such as to detract from the findings in paragraphs 23 to 25 of this judgment, that the existence of exclusive import and export rights in a Member State gives rise to discrimination against exporters and importers established in other Member States, since that trade is carried on exclusively by the holder of those rights and all the economic operators in the other Member States are automatically excluded from direct imports and exports and deprived of the freedom to choose their customers or suppliers in the Member State in which the holder of those rights is established.
Articles 30, 34 and 36 of the Treaty | 0 |
9,367 | 88. According to consistent case-law, even if the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol is not, in itself, capable of conferring on Turkish nationals – on the basis of European Union legislation alone – a right of establishment or, as a corollary, a right of residence, nor a right to freedom to provide services or to enter the territory of a Member State, the fact remains that such a clause prohibits generally the introduction of any new measures having the object or effect of making the exercise by a Turkish national of those economic freedoms on the territory of that Member State subject to stricter conditions than those which applied to him at the time when the Additional Protocol entered into force with regard to the Member State concerned (see Case C‑228/06 Soysal and Savatli [2009] ECR I‑1031, paragraph 47, and the case-law cited). | 19 It is also necessary to consider whether network cards are to be classified in the Combined Nomenclature under heading No 8471 as units of automatic data-processing machines or under heading No 8473 as parts or accessories of machines of that type. | 0 |
9,368 | 20
In the second place, according to settled case-law, in interpreting a provision of EU law, it is necessary to consider not only its wording but also its context and the objectives pursued by the rules of which it forms part (see, to that effect, judgments in St. Nikolaus Brennerei und Likörfabrik, 337/82, EU:C:1984:69, paragraph 10; VEMW and Others, C‑17/03, EU:C:2005:362, paragraph 41; and Eschig, C‑199/08, EU:C:2009:538, paragraph 38). | 38. It should be recalled, at the outset, that according to the settled case‑law of the Court, 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 is part (see Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case 337/82 St Nikolaus Brennerei und Likörfabrik [1984] ECR 1051, paragraph 10; Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23; Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30; and Case C-17/03 VEMW and Others [2005] ECR I-4983, paragraph 41). | 1 |
9,369 | 80. The Court has already held, when it acknowledged the existence of the general presumption referred to at paragraphs 65 and 66 above in relation to requests for disclosure of documents in a file relating to a procedure for reviewing State aid or a file concerning merger control proceedings, that the Commission is entitled to presume that disclosure of such documents will, in principle, undermine the protection of the commercial interests of the undertakings involved in those proceedings as well as the protection of the purpose of investigations relating to such proceedings within the meaning of the first and third indents of Article 4(2) of Regulation No 1049/2001 (see Commission v Technische Glaswerke Ilmenau , paragraph 61; Commission v Éditions Odile Jacob , paragraph 123; and Commission v Agrofert Holding , paragraph 64). | 31. That being so, although the income which Mr Grünewald earned in Germany in the years concerned did not constitute the greater part of his overall income, it could not be accepted that his situation was comparable with that of a resident unless the annuity which he paid were to be regarded as an expense directly linked to the income from the activity of the business established in Germany, the shares in which were transferred to him by way of anticipated succession. | 0 |
9,370 | 54. It should also be borne in mind that, under Article 1(u)(i) of Regulation No 1408/71, ‘the term family benefits means all benefits in kind or in cash intended to meet family expenses’. In this regard, the Court has held that family benefits are intended to provide social assistance for workers with dependent families in the form of a contribution by society towards their expenses (see Case 104/84 Kromhout [1985] ECR 2205, paragraph 14, and Offermanns , paragraph 38). | 18. In the absence of any transparency, the latter undertaking has no real opportunity of expressing its interest in obtaining that concession. | 0 |
9,371 | 44. According to similarly established case-law of the Court, the recognition of such a right requires that the interested person should fulfil all the conditions, as to both form and substance, imposed by the national legislation of that State in order to be able to exercise that right, which may in some cases include the condition that a prior application must have been made for the payment of such benefits (see, by analogy, Ragazzoni , paragraphs 8 and 9; Salzano , paragraphs 7 and 10; Case 153/84 Ferraioli [1986] ECR 1401, paragraph 14; Case C-117/89 Kracht [1990] ECR I-2781, paragraph 11; and Case C-119/91 McMenamin [1992] ECR I‑6393 paragraph 26). | 62 In the light of those considerations, it is apparent that the deficiencies found by the Commission concerned the execution of the essential controls designed to ensure the lawfulness of the expenditure in the area concerned, so that the Commission could reasonably conclude that in this case there was a risk of widespread losses for the EAGGF (Greece v Commission, cited above, paragraph 56). | 0 |
9,372 | 50
First, as regards the principle of equivalence, it should be borne in mind that this requires that all the rules applicable to actions apply without distinction to actions alleging infringement of EU law and to similar actions alleging infringement of national law (see, to that effect, judgments of 16 January 2014, Pohl, C‑429/12, EU:C:2014:12, paragraph 26, and of 20 October 2016, Danqua, C‑429/15, EU:C:2016:789, paragraph 30). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
9,373 | 40. The case-law cited in the previous paragraph is not relevant in the present case. One of those cases can be distinguished by reason of circumstances peculiar to the dispute, which led to the applicant in the main proceedings being deprived of the opportunity to rely effectively on the incompatibility of a domestic provision with Community law (see Peterbroeck , paragraph 16 et seq.). In other cases, the Court’s findings are justified by the need to ensure that consumers are given the effective protection which Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) seeks to achieve (see Océano Grupo Editorial and Salvat Editores , paragraph 26; Cofidis , paragraph 33; and Mostaza Claro , paragraph 29). Moreover, that case-law cannot be properly invoked in an analysis of an infringement of the principle of effectiveness, since it seeks to determine whether equal treatment is given to pleas based on national law and those based on Community law (see Eco Swiss , paragraph 37). | 51 THE APPLICANT HAS NOT ALLEGED THAT THIS RESULTED IN THE MINUTES CONTAINING SUBSTANTIAL INACCURACIES OR OMISSIONS WITH REGARD TO IT . | 0 |
9,374 | 20
According to settled case-law, the procedure provided for in Article 267 TFEU is a means of cooperation between the Court of Justice and national courts. It follows that it is for the national courts alone which are seised of the case and are responsible for the judgment to be delivered to determine, in view of the special features of each case, both the need for a preliminary ruling in order to enable them to give their judgment and the relevance of the questions which they put to the Court (see, inter alia, judgments of 17 July 1997, Leur-Bloem, C‑28/95, EU:C:1997:369 paragraph 24, and of 7 July 2011, Agafiţei and Others, C‑310/10, EU:C:2011:467, paragraph 25). | 26 In that connection it should be observed that where an undertaking operates in a sector in which there is surplus production capacity and producers from various Member States compete, any aid which it may receive from the public authorities is liable to affect trade between the Member States and impair competition, inasmuch as its continuing presence on the market prevents competitors from increasing their market share and reduces their chances of increasing exports. It is sufficient to note that, on the Italian market alone, Alfa Romeo' s share was 14.6% in 1986. | 0 |
9,375 | 51. Nevertheless, the national courts are bound to interpret domestic law, so far as possible, in the light of the wording and the purpose of the framework agreement in question in order to achieve the result sought by the latter and, consequently, to comply with the third paragraph of Article 288 TFEU. This obligation to interpret national law in conformity with European Union law concerns all provisions of national law, whether adopted before or after the framework agreement in question (see, by analogy, Adeneler and Others , paragraph 108, and Case C‑555/07 Kücükdeveci [2010] ECR I‑0000, paragraph 48). | 128. Force est de conclure que la Commission, en appliquant les lignes directrices de 1998 aux régimes fiscaux litigieux, n’a violé ni le principe de non-rétroactivité (voir, également en ce sens, arrêt du 18 mai 2006, Archer Daniels Midland et Archer Daniels Midland Ingredients/Commission, C‑397/03 P, Rec. p. I‑4429, point 25) ni celui de sécurité juridique. | 0 |
9,376 | 26 That reference to domestic legislation clearly shows that Regulation No 1408/71, particularly for the purposes of aggregation of periods of insurance, refers to the conditions to which domestic law subjects recognition of a specific period as equivalent to periods of insurance properly so called (see, as regards Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers, (Journal Officiel 1958, p. 561), the judgment in Case 14/67 Landesversicherungsanstalt Rheinland-Pfalz v Welchner [1967] ECR 331, at page 337, and, as regards Regulation No 1408/71, the judgment in Case C-324/88 Vella and Others [1990] ECR I-257). However, such recognition of periods must be consistent with the provisions of the EC Treaty on the free movement of persons (see, in particular, Case C-302/90 Faux [1991] ECR I-4875, paragraphs 25 to 28, and Case C-322/95 Iurlaro [1997] ECR I-4881, paragraph 28). | 46 The answer to be given to the national court must therefore be that a Member State is required to make good loss and damage caused to individuals by failure to transpose Directive 80/987.
The second and third questions | 0 |
9,377 | 37. When such an entity infringes competition rules, it falls, according to the principle of personal responsibility, to that entity to answer for that infringement (see, to that effect, Case C‑49/92 P Commission v Anic Partecipazioni [1999] ECR I‑4125, paragraph 145, and Akzo Nobel and Others v Commission , paragraph 56). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,378 | 46. As the Court has stated, inter alia , in Case 168/84 Berkholz [1985] ECR 2251, paragraph 14, Article 9 of the Sixth Directive is designed to secure the rational delimitation of the respective areas covered by national VAT rules by determining in a uniform manner the place where services are deemed to be provided for tax purposes. That provision is deemed definitively to determine the Member State with exclusive competence to tax a supply of services. | 34. The principle of equal treatment thus laid down also entails an obligation of transparency (see, to that effect, in relation to public supply contracts, Case C‑275/98 Unitron Scandinavia and 3-S [1999] ECR 8291, paragraph 31, and, in relation to public works contracts, SIAC Construction , paragraph 41). | 0 |
9,379 | 47. According to settled case-law, a directive cannot of itself impose obligations on individuals, but can only confer rights. Consequently, an individual may not rely on a directive against a Member State where it is a matter of a State obligation directly linked to the performance of another obligation falling, pursuant to that directive, on a third party (see judgments in Wells , C‑201/02, EU:C:2004:12, paragraph 56 and the case-law cited, and Arcor and Others , C‑152/07 to C‑154/07, EU:C:2008:426, paragraph 35). | 62. As to the merits, it should be noted that, in Anic Partecipazioni , contrary to what BAI is suggesting, the Court of Justice did not modify the principle that, where there is a dispute as to the existence of an infringement of the competition rules, it is for the Commission to prove the infringement which it has found and to adduce evidence capable of demonstrating to the requisite legal standard the existence of circumstances constituting an infringement. | 0 |
9,380 | 48. Some of the provisions of a regulation, even if supplemented by an implementing decision, may, however, necessitate, for their implementation, the adoption of national measures of application (see, by analogy, Case C-403/98 Monte Arcosu [2001] ECR I-103, paragraph 26). | 110 Such constraints, which render the service provided by the Fund less competitive than a comparable service provided by insurance companies, go towards justifying the exclusive right of the Fund to manage the supplementary pension scheme. | 0 |
9,381 | 76. With regard in particular to the express exclusion of any harmonisation of the laws and regulations of the Member States designed to protect and improve human health laid down in the first indent of Article 129(4) of the EC Treaty (now, after amendment, the first subparagraph of Article 152(4) EC), the Court has held that other articles of the Treaty may not be used as a legal basis in order to circumvent that exclusion (Case C-376/98 Germany v Parliament and Council , paragraph 79). The Court has, however, stated that, provided that the conditions for recourse to Article 95(1) EC as a legal basis are fulfilled, the Community legislature cannot be prevented from relying on that legal basis on the ground that the protection of public health is a decisive factor in the choices to be made (Case C-376/98 Germany v Parliament and Council , paragraph 88, and British American Tobacco (Investments) and Imperial Tobacco , paragraph 190). | 29 In this case, the Netherlands authorities were not able to show, at least before the expiry of the period prescribed in its decision of 6 November 1992, that the Commission was wrong in its findings. | 0 |
9,382 | 44. As a preliminary remark, it is clear from the Court’s case-law that an alleged failure to have regard to the rules of evidence is a question of law, which is admissible in an appeal (see, to that effect, Case C-199/92 P Hüls v Commission [1999] ECR I‑4287, paragraph 65, and Joined Cases C‑403/04 P and C‑405/04 P Sumitomo Metal Industries and Nippon Steel v Commission [2007] ECR I‑729, paragraph 40). Thus, in so far as Impala, under its general plea of inadmissibility, specifically argues that the third ground of appeal is inadmissible in its entirety, that argument cannot be accepted. | 78 It follows from the foregoing that the Republic of Austria may avail itself of the two-month time-limit even though it failed to answer the Commission's questions promptly.
The Commission's right of objection | 0 |
9,383 | 51. By virtue of Article 293 EC, Member States are required, so far as necessary, to enter into negotiations with each other with a view to securing for the benefit of their nationals the abolition of double taxation within the Community. However, apart from Convention 90/436/EEC of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10), no unifying or harmonising measure for the elimination of double taxation has yet been adopted at Community level, and Member States have not yet concluded any multilateral convention to that effect under Article 293 EC (see Case C‑336/96 Gill [1998] ECR I-2793, paragraph 23; Case C-376/03 D . [2005] ECR I-5821, paragraph 50; and Case C‑470/04 N. [2006] ECR I-0000, paragraph 43). | 35. In order to answer the question whether the transportation of a body by vehicle constitutes a concrete and specific aspect of the supply of services by undertakers, it is necessary to consider whether it entails a service which is, as such, separately identifiable from the other services provided by those firms. | 0 |
9,384 | 20 Such lump-sum compensation cannot, however, lead to double compensation for the harm suffered. It is to that end, moreover, that, where an accident or sickness is caused by a third party, Article 85a of the Staff Regulations provides that the Communities are to stand subrogated to the official's rights and rights of action, inter alia in respect of the benefits paid under Article 73 of the Staff Regulations. | 32. It should be noted that to permit the levying of tax or duty on the initial acquisition of a newly issued security amounts in reality to taxing the very issue of that security as it forms an integral part of an overall transaction with regard to the raising of capital. The issue of securities is not an end in itself, and has no point until those securities find investors (Case C-415/02 Commission v Belgium [2004] ECR I-7215, paragraph 32). | 0 |
9,385 | 95. Accordingly, the misuse of powers is one of the elements against which the EU judicature examines the legality of the contested measure in an action for annulment on the basis of Article 263 TFEU (see, to that effect, judgment in Internationale Handelsgesellschaft , 11/70, EU:C:1970:114, paragraph 3). | 37 At all events, it must be emphasized that, as is apparent from Barber (paragraph 27), application of Article 119 is not conditional upon a pension being supplementary to a benefit provided by a statutory social security scheme. Benefits awarded under an occupational scheme which, partly or entirely, take the place of the benefits paid by a statutory social security scheme may fall within the scope of Article 119. | 0 |
9,386 | 38. With regard, second, to the assessment of whether legislation such as that at issue in the main proceedings is proportionate, it must be noted that it follows from the case-law of the Court that since Article 30 EC constitutes an exception, which is to be strictly interpreted, to the rule of the free movement of goods within the Community, it is for the national authorities to demonstrate that their rules are necessary in order to achieve the declared purpose and that that objective could not be achieved by less extensive prohibitions or restrictions, or by prohibitions or restrictions having less effect on intra-Community trade (see, to that effect, Case C‑17/93 van der Veldt [1994] ECR I‑3537, paragraph 15; Case C‑189/95 Franzén [1997] ECR I‑5909, paragraphs 75 and 76; Case C‑434/04 Ahokainen and Leppik [2006] ECR I‑9171, paragraph 31; and Rosengren and Others , paragraph 50). | 38. Therefore, the answer to the fourth question is that clause 4(1) of the framework agreement must be interpreted as meaning that the concept of ‘employment conditions’ covers the compensation that the employer must pay to an employee on account of the unlawful insertion of a fixed‑term clause into his employment contract.
The fifth question | 0 |
9,387 | 50. However, while Article 81(1) EC does not restrict such an assessment to actual effects alone, as that assessment must also take account of the potential effects of the agreement or practice in question on competition within the common market, an agreement will, however, fall outside the prohibition in Article 81 EC if it has only an insignificant effect on the market (Case 5/69 Völk v Vervaecke [1969] ECR 295, paragraph 7; John Deere v Commission , paragraph 77; and Bagnasco and Others , paragraph 34). | 44. Concerning, second, the making of the unless order, the national court must examine whether Mr Gambazzi could avail himself of procedural guarantees which gave him a genuine possibility of challenging the adopted measure. | 0 |
9,388 | 29. Under Article 96 of the Customs Code, since the principal is required, amongst other things, to present the goods once again, intact, at the customs office at the place of destination — the transit document under cover of which carriage of goods under the Community external transit system is effected undeniably plays an essential role in the proper functioning of that system. Thus a removal of those goods, even if only temporary, is likely to undermine the very objectives of that system where, contrary to the requirements of Article 37 of the Customs Code, it prevents any possible requisition of those goods by the customs service. Such removal also complicates the identification both of the goods which are subject to the transit procedure and of the customs regime applicable to them (see, by analogy, Case C‑222/01 British American Tobacco EU:C:2004:250, paragraph 52). | 9. It is important to note in this regard that it is settled case-law 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 (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26, and Case C-173/01 Commission v Greece [2002] ECR I-6129, paragraph 7). | 0 |
9,389 | 57 Conversely, the fact that one of the undertakings of a group or concern is a body governed by public law is not sufficient for all of them to be regarded as contracting authorities (see, to that effect, Mannesmann Anlagenbau Austria, cited above, paragraph 39). | 82. Second, an application for the entry of a nutritive substance on the national list of authorised substances may be rejected by the competent national authorities only if that substance poses a genuine threat to public health ( Commission v Denmark, paragraph 46, and Case C‑24/00 Commission v France , paragraph 27). | 0 |
9,390 | 33. The Court has already held that, while, in proceedings under Article 258 TFEU for failure to fulfil obligations, it is incumbent on the Commission to place before the Court the information needed to enable the Court to establish that an obligation has not been fulfilled, it is also incumbent on the Member States, pursuant to Article 4(3) TEU, to facilitate the achievement of the Commission’s tasks. Moreover, the information concerning the transposition of a directive which the Member States are obliged to provide to the Commission must be clear and precise, and it must unequivocally indicate the legislative, regulatory and administrative measures by which the Member State considers that it has fulfilled the various obligations imposed on it by the directive. In the absence of such information, the Commission is not in a position to determine whether the Member State has genuinely and fully implemented the directive. The failure of a Member State to fulfil that obligation, whether by providing no information at all or by providing insufficiently clear and precise information, may of itself justify recourse to the procedure under Article 258 TFEU in order to establish that failure to fulfil the obligation (see, to that effect, judgment in Commission v Italy , C‑456/03, EU:C:2005:388, paragraphs 26 and 27). | 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 |
9,391 | 19. However, as regards the fact that such a change in circumstances for the purposes of Article 11(9) of the basic regulation constitutes an exception, it must be held that the requirement that a provision be interpreted strictly cannot permit the institutions to interpret and apply the provision in a manner inconsistent with its wording and purpose (see, to that effect, Case C-337/09 P Council v Zhejiang Xinan Chemical Industrial Group [2012] ECR I-0000, paragraph 93). In this respect, it must be observed that that provision prescribes in particular that the method applied must be consistent with Article 2 of the basic regulation. | 85
As this Court has already held, the General Court is bound to comply with that obligation when exercising its unlimited jurisdiction (see, to that effect, judgment of 18 December 2014, Commission v Parker Hannifin Manufacturing and Parker-Hannifin, C‑434/13 P, EU:C:2014:2456, paragraph 77). | 0 |
9,392 | 65
However, the Court has already had occasion to rule, in relation to Article 7(1)(c) of Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ 1988 L 209, p. 1), the provisions of which are analogous to Article 6(1) of the basic regulation, that the rules for determining the reference period to be taken into account for anti-dumping investigations set out in that provision were a guide and not mandatory (judgment in Industrie des poudres sphériques v Council, C‑458/98 P, EU:C:2000:531, paragraph 88). | 62. Il n’en va autrement que pour les situations nées et définitivement réalisées sous l’empire de la règle précédente, qui créent des droits acquis (voir, en ce sens, arrêts du 14 avril 1970, Brock, 68/69, Rec. p. 171, point 7; du 5 décembre 1973, SOPAD, 143/73, Rec. p. 1433, point 8, et du 10 juillet 1986, Licata/CES, 270/84, Rec. p. 2305, point 31). | 0 |
9,393 | 23. The settled case-law further shows that the terms used to specify the exemptions in Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all goods and services supplied for consideration by a taxable person. Nevertheless, the interpretation of those terms must be consistent with the objectives pursued by those exemptions and comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Thus, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 must be construed in such a way as to deprive the exemptions of their intended effect (see, in particular, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18 and the case-law cited, and CopyGene , paragraph 26 and the case-law cited). | 37. Any other approach would risk undermining the efficiency of the EU trade defence measures each time the EU institutions are faced with non-cooperation in the context of an investigation seeking to establish whether there has been circumvention. | 0 |
9,394 | 61. As regards the argument that the General Court was incorrect to consider that AC‑Treuhand cannot plead infringement of the 2006 Guidelines, it is sufficient to note that, at paragraphs 298 and 299 of the judgment under appeal, in accordance with the Court’s case-law on the legal effects of guidelines adopted by the Commission for the calculation of fines (see, inter alia, judgment in 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, paragraphs 209 to 213), the General Court verified, in the light of the complaints raised by AC‑Treuhand in that regard, whether the Commission was entitled to depart from the 2006 Guidelines in the particular circumstances of the present case. | 41 In the main proceedings, the appellants' father completed his periods of insurance in Spain and Germany before the accession of the Kingdom of Spain to the European Communities and the rule identified in Rönfeldt, as clarified in Thévenon, is therefore applicable in principle. | 0 |
9,395 | 36
It follows that, even if all the substantive conditions giving rise to the right to the exemption of an intra-Community supply from VAT or to deduct VAT were not met, the Court has held that a taxable person who has acted in good faith and taken every step which could reasonably be required of him to satisfy himself that the transaction which he is effecting does not result in his participation in tax evasion cannot be refused that right (see, to that effect, judgments of 27 September 2007, Teleos and Others, C‑409/04, EU:C:2007:548, paragraph 68, and of 6 September 2012, Mecsek-Gabona, C‑273/11, EU:C:2012:547, paragraphs 47 to 50 and 55). | 23. A worker must normally be entitled to actual rest, with a view to ensuring effective protection of his health and safety, since it is only where the employment relationship is terminated that Article 7(2) of Directive 2003/88 permits an allowance to be paid in lieu of paid annual leave (see, to that effect, BECTU , paragraph 44, and Merino Gómez , paragraph 30). | 0 |
9,396 | 43. The fact that the legal secretaries at the Cour de cassation are appointed as a result of a competition, the subject-matter of which is determined in accordance with the requirements of the service, and which is valid for six years, is irrelevant to that assessment. The Court has already held that fact of having been successful in a procedure to select a predefined number of persons on the basis of a comparative assessment of the candidates rather than by application of absolute criteria, which confers a qualification the validity of which is strictly limited in time, cannot be regarded as a ‘professional qualification’ within the meaning of Article 3(1)(b) of Directive 2005/36 (see judgment in Rubino , C‑586/08, EU:C:2009:801, paragraph 32). | 64. However, the power of the Member States to determine the content of their national laws relating to employment contracts cannot go so far as to allow them to compromise the objective or the practical effect of the framework agreement (see, to that effect, Huet , paragraph 43 and the case-law cited). | 0 |
9,397 | 17. As a preliminary point, it should be borne in mind that, in determining the scope of a provision of European Union law, its wording, context and objectives must all be taken into account (see Case C‑85/11 Commission v Ireland [2013] ECR I‑0000, paragraph 35 and the case-law cited). | 22. Secondly, it is evident that the Consiglio Nazionale Forense is subject to safeguards laid down by the Italian Constitution in relation to the independence and impartiality of the court. In exercising its functions the Consiglio Nazionale Forense is wholly autonomous, it is not subordinate to any other body and it does not take orders or instructions from any source whatsoever. Further, the provisions of the Italian Code of civil procedure in relation to abstention and recusal are fully applicable to it. | 0 |
9,398 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 27
It follows that two cumulative conditions, namely respect for the principles of equivalence and effectiveness, must be satisfied in order for a Member State to be able to assert the principle of procedural autonomy in situations which are governed by EU law (judgment of 15 March 2017, Aquino, C‑3/16, EU:C:2017:209, paragraph 49). | 0 |
9,399 | 22 However, as the Court has also held, entitlement to deduct, once it has arisen, is retained even if the economic activity envisaged does not give rise to taxed transactions or the taxable person has been unable to use the goods or services which gave rise to a deduction in the context of taxable transactions by reason of circumstances beyond his control (Case C-110/94 INZO v Belgian State [1996] ECR I-857, paragraphs 20 and 21; Ghent Coal Terminal, cited above, paragraph 20, and C-396/98 Schloßstraße [2000] ECR I-4279, paragraph 42). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
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