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9,400 | 16 According to the case-law of the Court, the principle of equal pay, like the general principle of non-discrimination of which it is a particular expression, presupposes that male and female workers whom it covers are in comparable situations (see Gillespie, cited above, paragraphs 16 to 18). | 13 Consideration classified as pay includes, inter alia, consideration paid by the employer by virtue of legislative provisions and under a contract of employment whose purpose is to ensure that workers receive income even where, in certain cases specified by the legislature, they are not performing any work provided for in their contracts of employment (see Case C-360/90 Arbeiterwohlfahrt der Stadt Berlin v Boetel [1992] ECR I-3589, paragraphs 14 and 15; also Case C-33/89 Kowalska v Freie und Hansestadt Hamburg [1990] ECR I- 2591, paragraph 11, and Case C-262/88 Barber v Guardian Royal Exchange Assurance Group [1990] ECR I-1889, paragraph 12). | 1 |
9,401 | 31 The reason for the adoption of the jurisdictional rule in Article 5(1) of the Brussels Convention was concern for sound administration of justice and efficacious conduct of proceedings (see, to this effect, in particular Tessili, paragraph 13; Shenavai, paragraph 6, and Mulox IBC, paragraph 17, and, by way of analogy, as regards Article 5(3) of the Brussels Convention, Case C-220/88 Dumez France and Tracoba [1990] ECR I-49, paragraph 17; Case C-68/93 Shevill and Others [1995] ECR I-415, paragraph 19; and Case C-364/93 Marinari [1995] ECR I-2719, paragraph 10). The court of the place where the contractual obligation giving rise to the action is to be performed will normally be the most appropriate for deciding the case, in particular on the grounds of proximity and ease of taking evidence. | 58. In that regard, it must be noted that the mechanism provided for by those latter provisions constitutes a means of safeguarding the financial balance of the single payment scheme while observing the principle of equal treatment (see, by analogy, Spagl , C‑189/89, EU:C:1990:450, paragraph 28, and Pastätter , C‑217/89, EU:C:1990:451, paragraph 19). The objective of avoiding the application of that mechanism cannot therefore justify an infringement of that principle. | 0 |
9,402 | 41 It is settled case-law that medical activities fall within the scope of Article 60 of the Treaty, there being no need to distinguish in that regard between care provided in a hospital environment and care provided outside such an environment (see Joined Cases 286/82 and 26/83 Luisi and Carbone [1984] ECR 377, paragraph 16, Case C-159/90 Society for the Protection of Unborn Children Ireland [1991] ECR I-4685, paragraph 18, and Kohll, paragraphs 29 and 51). | Il est vrai, ainsi que le souligne la Commission, qu’une demande de renseignements constitue une mesure d’enquête qui est
généralement utilisée dans le cadre de la phase d’instruction qui précède la communication des griefs et a uniquement pour
objet de permettre à la Commission de recueillir les renseignements et la documentation nécessaires pour vérifier la réalité
et la portée d’une situation de fait et de droit déterminée (voir, en ce sens, arrêt Orkem/Commission, 374/87, EU:C:1989:387,
point 21). | 0 |
9,403 | 46. While, admittedly, it is true that the terms used to specify the exemptions provided for by 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 services supplied for consideration by a taxable person (see, inter alia, MKG-Kraftfahrzeuge-Factoring , paragraph 63, and Case C‑455/05 Velvet & Steel Immobilien [2007] ECR I‑3225, paragraph 14), the interpretation proposed by the Commission would nevertheless restrict the exemption in question in a manner which is not justified by the relevant wording. The term ‘transactions … in shares’ referred to in Article 13B(d)(5) of the Sixth Directive and Article 135(1)(f) of Directive 2006/112 is broad enough not to be restricted to the business of trading in shares. | 12. By letter of 1 December 1998, the Federal Republic of Germany notified the Commission of various measures designed to consolidate TGI’s financial position, including a partial waiver of payment and a bank loan. | 0 |
9,404 | 24 It is true that, according to the settled case-law of the Court, the subject-matter of proceedings brought under Article 169 of the Treaty is circumscribed by the pre-litigation procedure provided for by that provision and that, consequently, the Commission's reasoned opinion and the application must be based on the same complaints (see the judgment in Case C-11/95 Commission v Belgium [1996] ECR I-4115, paragraph 73). | 67 The submission alleging incorrect assessment of the interests of the Community must therefore be rejected .
Inadequate statement of the reasons for the rejection of the undertaking offered by Gestetner | 0 |
9,405 | 37 It is clear not only from the wording of Article 37 but also from the position which it occupies in the general scheme of the Treaty that the article is designed to ensure compliance with the fundamental principle that goods should be able to move freely throughout the common market, in particular by requiring quantitative restrictions and measures having equivalent effect in trade between Member States to be abolished, and thereby to ensure maintenance of normal conditions of competition between the economies of Member States in the event that a given product is subject, in one or other of those States, to a national monopoly of a commercial character (judgments in Case 59/75 Pubblico Ministero v Manghera and Others [1976] ECR 91, paragraph 9; Hansen, cited above, paragraph 8; Case 78/82 Commission v Italy [1983] ECR 1955, paragraph 11; Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 42; and Case C-387/93 Banchero [1995] ECR I-4663, paragraph 27, hereinafter `Banchero II'). | 21 THE BOARD MAINTAINS , MOREOVER , THAT AGREEMENTS CONCLUDED WITHIN IT ARE NOT BINDING AND THAT ITS ROLE IS SOLELY TO ADVISE THE CENTRAL PUBLIC AUTHORITIES , WHICH ALONE MAY MAKE THE SAID AGREEMENTS BINDING BY MEANS OF MINISTERIAL ORDERS .
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9,406 | 25. Moreover, it must be borne in mind that the reasons which may be invoked by a Member State by way of justification must be accompanied by an analysis of the appropriateness and proportionality of the restrictive measure adopted by that State (Case C-8/02 Leichtle [2004] ECR I-2641, paragraph 45). | 15 Pursuant to that rule, the Belgian survivor's pension could only be reduced within the limit of the amount of the French old-age pension. | 0 |
9,407 | 31. National legislation intended to apply only to those shareholdings which enable the holder to exert a definite influence on a company’s decisions and to determine its activities falls within the scope of Article 49 TFEU on freedom of establishment (see judgments in Test Claimants in the FII Group Litigation , C‑446/04, EU:C:2006:774, paragraph 37; Idryma Typou , C‑81/09, EU:C:2010:622, paragraph 47; Accor , EU:C:2011:581, paragraph 32; Scheunemann , C‑31/11, EU:C:2012:481, paragraph 23; and Test Claimants in the FII Group Litigation , EU:C:2012:707, paragraph 91). | 36 Thus in principle the various services used by the transferor for the purposes of the transfer of a totality of assets or part thereof have a direct and immediate link with the whole economic activity of that taxable person. | 0 |
9,408 | 13 As the Court has consistently held (see, most recently, the judgments in Commission v France, cited above, paragraph 15; Commission v Italy, cited above, paragraph 18; and Commission v Greece, cited above, paragraph 18), such restrictions come within the scope of Article 59 if the application of the national legislation to foreign persons providing services is not justified by overriding reasons relating to the public interest or if the requirements embodied in that legislation are already satisfied by the rules imposed on those persons in the Member State in which they are established. | 39. It must be recalled that, in order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered. That does not mean, however, that there is no need, first of all, to carry out a successive examination of the different presentational features used by this mark. It may be useful, in the course of the overall assessment, to examine each of the constituent features of the trade mark (see, in this respect, Case C-286/04 P Eurocermex v OHIM [2005] ECR I‑5797, paragraphs 22 and 23, and the case-law cited there). | 0 |
9,409 | 43. Nevertheless, it is also in accordance with the Court’s settled case-law that fundamental rights, such as respect for the rights of the defence, do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not involve, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed (the judgments in Alassini and Others , C‑317/08 to C‑320/08, EU:C:2010:146, paragraph 63; G. and R. , EU:C:2013:533, paragraph 33; and Texdata Software , C‑418/11, EU:C:2013:588, paragraph 84). | 84. However, it is settled case-law that fundamental rights do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not involve, in the light of the objectives pursued, a disproportionate and intolerable interference which impairs the very substance of the rights guaranteed (see, to that effect, Dokter and Others , paragraph 75, and Joined Cases C‑317/08 to C‑320/08 Alassini and Others [2010] ECR I‑2213, paragraph 63 and the case-law cited). | 1 |
9,410 | 67. In addition, the question whether a statement of reasons satisfies the requirements must be assessed with reference not only to the wording of the measure but also to its context and to the whole body of legal rules governing the matter in question. In the case of a measure intended to have general application, as in the main proceedings, the preamble may be limited to indicating the general situation which led to its adoption, on the one hand, and the general objectives which it is intended to achieve, on the other (see, inter alia, Case C-342/03 Spain v Council [2005] ECR I‑1975, paragraph 55). If the contested measure clearly discloses the essential objective pursued by the institutions, it would be excessive to require a specific statement of reasons for each of the technical choices made by them (see, inter alia, Case C-100/99 Italy v Council and Commission [2001] ECR I‑5217, paragraph 64, and Alliance for Natural Health , paragraph 134). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,411 | 60. Article 9 of Directive 98/5, although it does not preclude appeal proceedings being brought before a body which is not a court or tribunal, does not provide that a legal remedy may be open to the person concerned only after all other remedies have been exhausted. In any event, where an appeal before a non-judicial body is provided for by national law, Article 9 requires actual access within a reasonable period (see, by way of analogy, Joined Cases C‑238/99 P, C‑244/99 P, C‑245/99 P, C‑247/99 P, C‑250/99P to C‑252/99 P and C‑254/99 P Limburgse Vinyl Maatschappij and Others v Commission [2002] ECR I‑8375, paragraphs 180 to 205, 223 and 234) to a court or tribunal as defined by Community law, which is competent to give a ruling on both fact and law. | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
9,412 | 21. As a preliminary point, it must be borne in mind that, in accordance with the case-law of the Court, retired persons such as Ms Hirvonen, who leave the Member State in which they have spent all their working life to reside in another Member State may benefit, where their situation is not covered by the freedom of movement guaranteed by Article 45 TFEU, from the right to freedom of movement as a citizen of the European Union under Article 21 TFEU (see, to that effect, judgment in Turpeinen , C‑520/04, EU:C:2006:703, paragraphs 16 to 23). | 56 THE FREQUENCY OF THE ANALYSES WAS DISTINCTLY HIGHER THAN THE OCCASIONAL CHECKS CARRIED OUT ON THE TRANSPORTATION OF FRENCH WINE WITHIN FRANCE . IT IS AN ESTABLISHED FACT THAT CHECKS ARE ALSO CARRIED OUT BY THE ITALIAN AUTHORITIES IN ORDER TO ENSURE THAT WINE PRODUCED IN ITALY COMPLIES WITH THE COMMUNITY RULES AND THAT CONSUMERS AND THE HEALTH AND LIFE OF HUMANS ARE PROTECTED . THE FRENCH AUTHORITIES WERE UNDER A DUTY TO TAKE INTO ACCOUNT THE EXISTENCE OF THOSE CHECKS CARRIED OUT IN THE COUNTRY OF ORIGIN OF THE WINE . ADULTERATION OR IRREGULARITIES DISCOVERED IN PARTICULAR CASES PRIOR TO THE PERIOD IN QUESTION CAN BY NO MEANS JUSTIFY A GENERAL SUSPICION IN RELATION TO ALL IMPORTS OF ITALIAN WINE OR THE CARRYING OUT OF SYSTEMATIC ANALYSES WHEN NO SIMILAR PRACTICE EXISTS IN RELATION TO FRENCH WINE .
| 0 |
9,413 | 20 The Court has consistently held that an implementing regulation adopted on the basis of an enabling provision in the basic regulation may not derogate from the provisions of that regulation, to which it is subordinate (Case 38/70 Tradax [1971] ECR 145, paragraph 10). | 36. À cet égard, il convient de relever que le champ d’application des exonérations figurant à l’article 132, paragraphe 1, sous b), g), h), i), l), m) et n), de la directive 2006/112 est défini non seulement au regard du contenu des opérations visées, mais également en fonction de certaines caractéristiques que doivent remplir les prestataires. Or, en prévoyant des exonérations de la TVA définies en fonction de telles caractéristiques, le système commun de TVA implique l’existence de conditions de concurrence divergentes pour différents opérateurs. | 0 |
9,414 | 34. As the list of ‘direct investments’ in the first section of that nomenclature and the relative explanatory notes show, the concept of direct investments concerns investments of any kind undertaken by natural or legal persons and which serve to establish or maintain lasting and direct links between the persons providing the capital and the undertakings to which that capital is made available in order to carry out an economic activity (see, to that effect, Test Claimants in the FII Group Litigation , paragraphs 180 and 181). | 56 Thus it establishes a mechanism for the mutual recognition of the professional titles of migrant lawyers wishing to practise under their home-country professional title. This mechanism supplements that established by Directive 89/48, which, as regards lawyers, is intended to authorise the unrestricted practice of the profession under the professional title of the host Member State. | 0 |
9,415 | 65. However, the discretion granted to Member States by Directive 2003/109 in that respect is not unlimited. They may not apply national rules which are liable to jeopardise the achievement of the objectives pursued by a directive and, therefore, deprive it of its effectiveness (see, to that effect, Case C‑61/11 PPU El Dridi [2011] ECR I‑3015, paragraph 55). | 43. However, by way of derogation, Article 5(3) of Regulation No 3665/87 provides that the payment of a refund is none the less assured if the product, after leaving the customs territory of the Community, has perished in transit as a result of force majeure , so that it was not able to be released for consumption in the non‑member country of import. | 0 |
9,416 | 39 Since the power of national courts to order interim relief corresponds to the jurisdiction reserved to the Court of Justice by Article 186 in the context of actions brought under Article 173 of the Treaty, those national courts may grant such relief only on the same conditions as apply when the Court of Justice is dealing with an application for interim measures (Zuckerfabrik, paragraph 27). | 40. S’agissant des moyens invoqués par la République italienne dans le cadre de sa défense, il y a lieu de relever que, selon une jurisprudence constante, le seul moyen de défense susceptible d’être invoqué par un État membre contre un recours en manquement introduit par la Commission sur le fondement de l’article 108, paragraphe 2, TFUE est celui tiré d’une impossibilité absolue d’exécuter correctement la décision en cause (voir, notamment, arrêts du 22 décembre 2010, Commission/Italie, C‑304/09, non encore publié au Recueil, point 35, et du 6 octobre 2011, Commission/Italie, C‑302/09, point 40). | 0 |
9,417 | 52. In order to reply to the question raised, it should be noted that, according to the general principles on which the Community is based and which govern the relations between it and the Member States, it is for the Member States, under Article 10 EC, to ensure that Community rules are implemented within their territories. In so far as Community law, including its general principles, does not include common rules to that effect then, when the national authorities implement Community rules, they are to act in accordance with the procedural and substantive rules of their own national law (see, in particular, Case C‑285/93 Dominikanerinnen-Kloster Altenhohenau [1995] ECR I-4069, paragraph 26, and Case C‑495/00 Azienda Agricola Giorgio, Giovanni e Luciano Visentin and Others [2004] ECR I-2993, paragraph 39). | 98. Il en a déduit, au point 186 dudit arrêt, qu’«il était loisible à la Commission de fixer un taux unique pour toute la durée de l’infraction unique et continue et de ne pas prendre en compte l’évolution de cette infraction dans le temps comme circonstance atténuante». | 0 |
9,418 | 21 For the purposes of the answer to be given to the national court's question, it should first be observed that it is settled case-law that, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters (Case C-338/95 Wiener SI [1997] ECR I-6495, paragraph 10; Case C-339/98 Peacock [2000] ECR I-8947, paragraph 9, and Case C-479/99 CBA Computer [2001] ECR I-4391, paragraph 21). | 24 It follows that where a jurisdiction clause is included, without being individually negotiated, in a contract between a consumer and a seller or supplier within the meaning of the Directive and where it confers exclusive jurisdiction on a court in the territorial jurisdiction of which the seller or supplier has his principal place of business, it must be regarded as unfair within the meaning of Article 3 of the Directive in so far as it causes, contrary to the requirement of good faith, a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. | 0 |
9,419 | 55. Lastly, with a view to giving the referring court a helpful answer, given that the answer to the questions referred for a preliminary ruling is needed in order that the referring court may determine whether there is a right to deduct in the circumstances of the main action, it must be recalled that there is a right to deduct where the input transactions effected have a direct and immediate link with output transactions giving rise to the right to deduct. If that is not the case, it is necessary to examine whether the costs incurred to acquire the input goods or services are part of the general costs linked to the taxable person’s overall economic activity. In either case, whether there is a direct and immediate link will depend on whether the cost of the input services is incorporated either in the cost of particular output transactions or in the cost of goods or services supplied by the taxable person as part of his economic activities ( Cibo Participations , paragraphs 31 and 33; SKF , paragraph 60; Case C‑118/11 Eon Aset Menidjmunt [2012] ECR I‑0000, paragraph 48; and Case C‑104/12 Becker [2013] ECR I‑0000, paragraphs 19 and 20). | 33. On the other hand, it is indeed appropriate to apply the principle of pro rata temporis, set out in Clause 4.2 of the framework agreement on part-time work, to the grant of annual leave for a period of employment on a part-time basis. For such a period, the reduction of annual leave by comparison to that granted for a period of full-time employment is justified on objective grounds. However, that principle cannot be applied ex post to a right to annual leave accumulated during a period of full-time work. | 0 |
9,420 | 44. As regards, more specifically, Article 3 of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health (OJ, English Special Edition 1963‑64, p. 117), the Court has held that, for the purpose of deciding whether the national of another Member state may be expelled in application of the exception on grounds of public policy, the competent national authorities must assess, on a case-by-case basis, whether the measure or the circumstances which gave rise to that expulsion order prove the existence of personal conduct constituting a present threat to the requirements of public policy. No more specific information as to the date to be used as a reference when determining the ‘presence’ of the threat is evident from the wording of Article 3 of Directive 64/221 or the Court’s case-law (Joined Cases C‑482/01 and C-493/01 Orfanopoulos and Oliveri [2004] ECR I‑0000, paragraph 77). | 47 The United Kingdom Government submits, first, that a legislative provision such as the one at issue in the main proceedings may be objectively justified by the intention to promote the economy of the country by encouraging investment by individuals in companies with their seat in the Netherlands. | 0 |
9,421 | À la lumière de ces indications, il convient de relever, en l’espèce, que le règlement n° 267/2012, dont l’article 46, paragraphe
2, a servi de fondement à l’adoption du règlement litigieux, a été adopté pour donner les suites nécessaires, dans le cadre
du traité FUE, à la décision 2012/35 modifiant la décision 2010/413 relative aux mesures restrictives à l’égard des personnes
ou des entités identifiées aux annexes I et II de cette dernière décision (arrêt du 1er mars 2016, National Iranian Oil Company/Conseil, C‑440/14 P, EU:C:2016:128, point 37). | 37
In the light of that guidance, it should be noted that, in the present case, Regulation No 267/2012, Article 46(2) of which served as the basis for the adoption of the contested regulation, was adopted in order to take the action necessary, under the FEU Treaty, as to implement Decision 2012/35 amending Decision 2010/413 concerning restrictive measures against individuals or entities listed in Annexes I and II to that latter decision. | 1 |
9,422 | 105. Since the Verwaltungsgericht Stuttgart has also indicated that, after the deduction, provided for by the legislation at issue in the main proceedings in favour of eligible non-profit-making activities, has been made, the surplus revenue is paid into the public purse, and in so far as it is not possible to exclude the possibility that the financial support given to bodies recognised as being in the public interest permits the latter to develop activities in the public interest which the State might normally be called upon to undertake, thereby leading to a reduction in the State’s expenses, it should, secondly, be recalled that neither is the need to prevent the reduction of tax revenues among the overriding reasons in the public interest capable of justifying a restriction on a freedom instituted by the Treaty (see, to that effect, Case C‑318/07 Persche [2009] ECR I‑359, paragraphs 45 and 46 and case-law cited). | 48
As for waste gases generated during the production of hot metal, according to recital 32 of Decision 2011/278 the product benchmarks take account of the efficient energy recovery of waste gases and emissions related to use of those gases. To that end, for the determination of the benchmark values for products of which the production generates waste gases, the carbon content of those waste gases has been taken into account to a large extent. | 0 |
9,423 | 78 With regard to the Commission's failure to observe the 20% `threshold' below which it is its policy not to require withdrawal in calculating the corrections on which it has decided, it should be observed that the Italian Government raised that argument for the first time at the hearing. Since the facts underlying it were already known at the stage of the written procedure, it must be rejected as out of time and therefore inadmissible (see Case C-55/91 Italy v Commission, cited above, paragraph 40; Case C-323/96 Commission v Belgium [1998] ECR I-5063, paragraph 38; and Case C-54/95 Germany v Commission [1999] ECR I-35, paragraph 28). | 32. It is settled case‑law that that distinctive character must be assessed, first, by reference to the goods or services in respect of which registration has been applied for and, second, by reference to the perception of them by the relevant public ( Storck v OHIM , paragraph 25; Henkel v OHIM , paragraph 35; and Eurohypo v OHIM , paragraph 67). Furthermore, the Court has held, as OHIM points out in its appeal, that that method of assessment is also applicable to an analysis of the distinctive character of signs consisting solely of a colour per se, three‑dimensional marks and slogans (see, to that effect, respectively, Case C‑447/02 P KWS Saat v OHIM [2004] ECR I‑10107, paragraph 78; Storck v OHIM , paragraph 26; and Audi v OHIM , paragraphs 35 and 36). | 0 |
9,424 | 66. Article 6(3) of the Habitats Directive establishes an evaluation procedure intended to ensure, by means of a preliminary examination, that a plan or project which is not directly connected with or necessary for the management of the site concerned but likely to have a significant effect on it is authorised only to the extent that it will not adversely affect the integrity of that site (see Case C‑127/02 Waddenvereniging and Vogelbeschermingsvereniging [2004] ECR I‑7405, paragraph 34). | 42 A payment the amount of which had no link with the cost of the particular service or was calculated not on the basis of the cost of the transaction for which it is a consideration but on the basis of all the running and capital costs of the department responsible for that transaction would have to be regarded as a tax falling solely under the prohibition of Article 10 of the directive. | 0 |
9,425 | 33 As a preliminary point, the Court observes that, since that State measure extends to the whole of the territory of a Member State, it may affect trade between Member States within the meaning of Article 85(1) of the Treaty (see, to that effect, Commission v Italy, cited above, paragraph 48). | 48 As regards the question whether intra-Community trade is affected, it need merely be pointed out that an agreement extending over the whole of the territory of a Member State has, by its very nature, the effect of reinforcing the compartmentalisation of markets on a national basis, thereby holding up the economic interpenetration which the Treaty is designed to bring about (Case 8/72 Vereeniging van Cementhandelaren v Commission [1972] ECR 977, paragraph 29, and Case 42/84 Remia and Others v Commission [1985] ECR 2545, paragraph 22). | 1 |
9,426 | 64. According to settled case-law, the adoption of rules essential to the subject-matter envisaged is reserved to the legislature of the European Union (see, to that effect, Germany v Commission , paragraph 36; Case C-104/97 P Atlanta v European Community [1999] ECR I-6983, paragraph 76; and C-356/97 Molkereigenossenschaft Wiedergeltingen [2000] ECR I-5461, paragraph 21). The essential rules governing the matter in question must be laid down in the basic legislation and may not be delegated (see, to that effect, Case C-156/93 Parliament v Commission [1995] ECR I-2019, paragraph 18; Parliament v Council , paragraph 23; Case C-48/98 Söhl & Söhlke [1999] ECR I-7877, paragraph 34; and Case C-133/06 Parliament v Council [2008] ECR I-3189, paragraph 45). | 17 IT IS CLEAR FROM THE FILE THAT THIS REQUIREMENT WAS NOT FULFILLED IN RESPECT OF THE OBLIGATION IN ISSUE . | 0 |
9,427 | 18. The terms used to specify those exemptions are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (see Case C‑287/00 Commission v Germany [2002] ECR I‑5811, paragraph 43, and Case C‑8/01 Taksatorringen [2003] ECR I‑13711, paragraph 36). 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 (see Case C‑45/01 Dornier [2003] ECR I‑12911, paragraph 42; Case C‑498/03 Kingscrest Associates and Montecello [2005] ECR I‑4427, paragraph 29; and Case C‑106/05 L.u.P. [2006] ECR I‑5123, paragraph 24). Thus, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 should be construed in such a way as to deprive the exemptions of their intended effect (see, to that effect, Case C‑284/03 Temco Europe [2004] ECR I‑11237, paragraph 17, and also, in relation to university education, Commission v Germany , paragraph 47). | 28 In replying to that question it must first be stated that the abovementioned provisions merely govern the circumstances of the Turkish worker as regards employment, and make no reference to his circumstances concerning the right of residence . | 0 |
9,428 | 48
In view of the spirit of judicial cooperation which governs relations between national courts and the Court of Justice in the context of preliminary ruling proceedings, the fact that the referring court did not make those initial findings relating to the possible existence of certain cross-border interest does not mean, however, that the request for a preliminary ruling is inadmissible if, in spite of those deficiencies, the Court, in the light of the information contained in the court file, considers that it is in a position to provide a useful answer to the referring court. That is the case, in particular, where the decision to refer contains sufficient relevant information for the existence of such an interest to be determined. Nevertheless, the response provided by the Court takes effect only if it is possible for the referring court to establish certain cross-border interest in the case at issue in the main proceedings, on the basis of a detailed assessment of all the relevant facts in the case in the main proceedings (see judgment in Azienda sanitaria locale No 5 Spezzino and Others, C‑113/13, EU:C:2014:2440, paragraph 48 and the case-law cited). | 87 Aid granted to Extremadura processing undertakings before that date was found incompatible with the common market on the sole ground that it constituted a restriction on the free movement of goods between Member States because it was limited to Extremadura processors who entered into approved contracts with agricultural and livestock holdings in Extremadura for the supply of raw materials for processing. In those circumstances there is no need to consider the possible applicability to that aid of the Communication on regional aid. | 0 |
9,429 | 20. Since the Community is a party to the TRIPS Agreement, it is required to interpret its legislation on trade marks so far as possible in the light of the wording and purpose of that Agreement (see, to that effect, Case C‑53/96 Hermès [1998] ECR I-3603, paragraph 28). | 70. However, the referring court finds that entitlement to that survivor’s benefit is restricted, under the provisions of the VddB Regulations, to surviving spouses and is denied to surviving life partners. | 0 |
9,430 | 18 It must first be borne in mind that the system of remedies set up by the Treaty distinguishes between actions under Articles 226 and 227 EC, which are directed to obtaining a declaration that a Member State has failed to fulfil its obligations, and those under Articles 230 EC and 232 EC, which are directed to obtaining judicial review of measures adopted by the Community institutions or of failure on their part to act. Those remedies have different objectives and are subject to different rules. In the absence of a provision of the Treaty expressly permitting it to do so, a Member State cannot, therefore, properly plead the unlawfulness of a decision addressed to it as a defence in an action for a declaration that it has failed to fulfil its obligations arising out of its failure to implement that decision (see, most recently, Case C-404/97 Commission v Portugal [2000] ECR I-4897, paragraph 34). It is immaterial whether such unlawfulness is pleaded in the action brought against the Member State or, as in this case, in an action for annulment of the decision at issue (Case C-17/99). | 26. En troisième lieu, s’agissant de la question du montant des primes d’assurance, il y a lieu de préciser que les différentes modalités de l’exercice du droit de l’assuré de choisir librement son représentant n’excluent pas que, dans certains cas, des limitations aux frais supportés par les assureurs puissent être apportées. | 0 |
9,431 | 61. Given that Directive 76/308 does not set out the consequences where the notification is made in a language other than the official language of the Member State in which the requested authority is situated, it is for the national court to apply national law while taking care to ensure the full effectiveness of Community law, a task which may lead it to interpret a national rule which has been drawn up with only a purely domestic situation in mind in order to apply it to the cross-border situation at issue (see, to that effect, Case C‑443/03 Leffler [2005] ECR I‑9611, paragraph 51). | 6 The two cases described above thus relate to the provision of services by the tour company to tourists and by the self-employed tourist guide to the tour company respectively. Such services, which are of limited duration and are not governed by the provisions on the free movement of goods, capitals and persons, constitute activities carried on for remuneration within the meaning of Article 60 of the EEC Treaty. | 0 |
9,432 | 24. Nor can that finding be calle d into question by the fact, even if it is established, that, first, a good part of the Hanság site was already protected under the Habitats Directive in the Natura 2000 network and, secondly, the site has not suffered any deterioration. First, since the legal regimes of the Birds and Habitats Directives are separate, a Member State cannot exonerate itself from its obligations under Article 4(1) and (2) of the Birds Directive by relying on measures other than those prescribed by that directive (Case C‑235/04 Commission v Spain [2007] ECR I‑5415, paragraph 79). Second, the fact that the site concerned has not suffered any deterioration is not capable of affecting the obligation imposed on Member States to classify sites as SPAs (see, to similar effect, Case C-418/04 Commission v Ireland [2007] ECR I‑10947, paragraph 38).
Incorrect delimitation of the Niedere Tauern SPA
– Arguments of the parties | 64. In that regard, it must be held that the prohibition in question is appropriate for the purpose of ensuring road safety. | 0 |
9,433 | 42. First, it should be noted that even where there is a decision of the DSB holding that the measures adopted by a member are incompatible with the WTO rules, as the Court has already held, the WTO dispute settlement system nevertheless accords considerable importance to negotiation between the parties ( Portugal v Council , paragraphs 36 to 40). | 44. The Court has ruled that a woman is protected, during her maternity leave, against dismissal due to absence (Case C‑179/88 Handels- og Kontorfunktionærernes Forbund [1990] ECR I‑3979, paragraph 15). | 0 |
9,434 | 60. That principle is expressed more specifically in the second sentence of Article 2(2) of Regulation No 2988/95, pursuant to which the competent authorities are required to apply retroactively to conduct constituting an irregularity within the meaning of Article 2(1), subsequent amendments made by provisions contained in Community sectoral rules introducing less severe administrative penalties (see, to that effect, Case C‑354/95 National Farmers’ Union and Others [1997] ECR I‑4559, paragraph 41; Gerken , paragraph 61; Campina , paragraph 33; and Case C‑45/05 Maatschap Schonewille‑Prins [2007] ECR I‑3997, paragraph 55). | 41 The answer to the first question must therefore be that Article 9(2) to (4) of Regulation No 3887/92, prior to the entry into force of Regulation No 1648/95, must be interpreted as precluding any payment linked to the arable areas when the difference between the area of set-aside land declared and that determined on inspection by the competent authorities exceeds 20% and there is no false intention or serious negligence. However, in the light of Articles 1(2) and 2(2) of Regulation No 2988/95, under which less severe penalties introduced by subsequent amendments to Community provisions must be applied retroactively, the amendments made to Article 9(4) of Regulation No 3887/92 by Regulation No 1648/95 apply to circumstances which occurred before its entry into force. Consequently, the calculation of the maximum eligible area for the compensatory payments for arable crop producers must be made, under Article 9(4) of Regulation No 3887/92, as amended by Regulation No 1648/95, on the basis of the area of set-aside land actually determined and on a pro rata basis for each crop concerned.
Question 2 and the second part of Question 4 | 1 |
9,435 | 114. Admittedly, the Court has also held that judicial review is limited with regard to whether a measure comes within the scope of Article 87(1) EC, in a case where the appraisals by the Commission are technical or complex in nature (see, inter alia, France v Ladbroke Racing and Commission , paragraph 25; Matra v Commission , paragraphs 29 and 30; Case C-56/93 Belgium v Commission , paragraphs 10 and 11; and Spain v Lenzing , paragraph 56). However, the Court of First Instance did not establish that this was the case here. | 54. The depth of the Court’s review must be limited in particular where, as in the present case, the Community institutions have to reconcile divergent interests and thus select options within the context of the policy choices which are their own responsibility (see, to that effect, Case C-17/98 Emesa Sugar [2000] ECR I-675, paragraph 53). | 0 |
9,436 | 7 It should be noted at the outset that the Court, which is competent under Article 177 of the Treaty to provide courts of the Member States with all the elements of interpretation of Community law, may deem it necessary to consider provisions of Community law to which the national court has not referred in its question (judgment in Case C-241/89 SARPP v Chambre Syndicale des Raffineurs et Conditionneurs de Sucre de France [1990] ECR I-4695, paragraph 8). It is therefore necessary to determine which provisions of Community law are applicable to the main proceedings in this case before examining whether those provisions preclude the use of the name "Clinique" in the circumstances described by the national court. | 103. In addition, failure to comply with the procedural rules relating to the adoption of an act adversely affecting an individual constitutes an infringement of essential procedural requirements (see, to that effect, the judgment in United Kingdom v Council , 68/86, EU:C:1988:85, paragraphs 48 and 49), which it is a matter for the Union judicature to raise, even of its own motion (see, to that effect, the judgments in Commission v ICI , C‑286/95 P, EU:C:2000:188, paragraph 51, and Commission v Solvay , C‑287/95 P and C‑288/95 P, EU:C:2000:189, paragraph 55). The fact that the Commission did not adopt the decision at issue within the period set by the Union legislature constitutes an infringement of essential procedural requirements. | 0 |
9,437 | 17 As the Court has held on several occasions, a comparison of the national systems shows that the problem of disputing charges which have been unlawfully claimed or refunding charges which have been paid when not due is settled in different ways in the various Member States, and even within a single Member State, according to the various kinds of taxes or charges in question. In certain cases, objections or claims of this type are subject to specific procedural conditions and time-limits under the law with regard both to complaints submitted to the tax authorities and to legal proceedings. In other cases, claims for repayment of charges which were paid but not due must be brought before the ordinary courts, mainly in the form of claims for the refunding of sums paid but not owed, such actions being available for varying lengths of time, in some cases for the limitation period laid down under the general law (see Case 68/79 Just v Ministry for Fiscal Affairs [1980] ECR 501, paragraphs 22 and 23; Case 61/79 Amministrazione delle Finanze dello Stato v Denkavit Italiana [1980] ECR 1205, paragraphs 23 and 24; Case 811/79 Amministrazione delle Finanze dello Stato v Ariete [1980] ECR 2545, paragraphs 10 and 11, and Case 826/79 Amministrazione delle Finanze dello Stato v Mireco [1980] ECR 2559, paragraphs 11 and 12). | 52. In those circumstances, and without it being necessary to rule on the other pleas and arguments put forward by the Commission, the Court finds that the Court of First Instance was right to hold that the Commission lacked the competence to adopt the decisions at issue and that, accordingly, those decisions had to be annulled. | 0 |
9,438 | 24. Next, it must be borne in mind that, in accordance with settled case-law, the first paragraph of Article 7 of Decision No 1/80 has direct effect, so that Turkish nationals to whom that provision applies have the right to rely on it directly before the courts of the Member States in order to have rules of national law which are contrary to it disapplied (see, to that effect, inter alia, Case C‑351/95 Kadiman [1997] ECR I‑2133, paragraph 28; Case C-303/08 Bozkurt [2010] ECR I‑0000, paragraph 31; and Case C‑484/07 Pehlivan [2011] ECR I‑0000, paragraph 39). | 50 It follows that natural or legal persons may not rely on an alleged breach of those rules since they are not intended to ensure protection for individuals. | 0 |
9,439 | 110
In order to rule on the merits of this ground of appeal, put forward in the alternative by the Commission, it must be noted that, on grounds identical to those set out in paragraphs 74 to 76 of the present judgment, the line of argument which that institution seeks to draw from the judgments of 27 January 1988, Denmark v Commission (349/85, EU:C:1988:34, paragraph 19), of 6 October 1993,Italy v Commission (C‑55/91, EU:C:1993:832, paragraph 69), of 4 July 1996, Greece v Commission (C‑50/94, EU:C:1996:266, paragraph 6), and of 22 April 1999, Netherlands v Commission (C‑28/94, EU:C:1999:191, paragraph 51), is irrelevant. | 67. Moreover, it is clear from the fifth recital in the preamble to Directive 93/104 that " the improvement of workers ' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations." | 0 |
9,440 | 27
It must be noted, first of all, that, according to the Court’s settled case-law, under Article 65(2) of Regulation No 207/2009, the General Court may annul or alter a decision of a Board of Appeal of EUIPO only ‘on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaty, of [that] Regulation or of any rule of law relating to their application or misuse of power’. It follows that the General Court may annul or alter a decision against which an action has been brought only if, at the date on which that decision was adopted, it was vitiated by one of those grounds for annulment or alteration. The General Court may not, however, annul or alter that decision on grounds which come into existence subsequent to its adoption (see judgments of 11 May 2006, Sunrider v OHIM, C‑416/04 P, EU:C:2006:310, paragraphs 54 and 55, and 13 March 2007, OHIM v Kaul, C‑29/05 P, EU:C:2007:162, paragraphs 52 and 53, and order of 30 June 2010, Royal Appliance International v OHIM, C‑448/09 P, not published, EU:C:2010:384, paragraphs 43 and 44). | 29. Under the second subparagraph of Article 17(5) of the Sixth Directive, the right to deduct is quantified according to a proportion fixed in accordance with Article 19 of that directive ( Royal Bank of Scotland , paragraph 18). | 0 |
9,441 | 53. In that connection, it is clear from settled case-law that the need for an application, and hence a uniform interpretation, of the provisions of Community law makes it impossible, in cases of doubt, for the text of a provision to be considered in isolation in one of its versions, but requires, on the contrary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case 29/69 Stauder [1969] ECR 419, paragraph 3; Case C‑296/95 EMU Tabac and Others [1998] ECR I-1605, paragraph 36; and Case C‑174/05 Zuid-Hollandse Milieufederatie and Natuur en Milieu [2006] ECR I‑2443, paragraph 20). | 57. However, those two exceptions were justified solely by the particularities of the agreements that led to their application. | 0 |
9,442 | 85. Indeed, it is a general principle common to the legal systems of the Member States that the injured party must show reasonable diligence in limiting the extent of the loss or damage, or risk having to bear the damage himself (Joined Cases C-104/89 and C-37/90 Mulder and Others v Council and Commission [1992] ECR I-3061, paragraph 33). | 31. En effet, le choix du moment le plus opportun pour interroger la Cour par voie préjudicielle est de la compétence exclusive du juge national (voir, notamment, arrêts du 30 mars 2000, JämO, C‑236/98, Rec. p. I‑2189, points 30 et 31, ainsi que du 7 janvier 2004, X, C‑60/02, Rec. p. I‑651, point 28 et jurisprudence citée). | 0 |
9,443 | 70
With regard to whether the first ground of appeal is well founded, it must be borne in mind that the Court of Justice has held on many occasions that, although the EU rules in force until the end of 1999 do not lay down a time limit for the adoption of a decision on financial corrections by the Commission, since 2000 that has, however, been subject to compliance with a time limit laid down in EU law (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 75 to 82; of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 75 to 82; of 22 October 2014, Spain v Commission, C‑429/13 P, EU:C:2014:2310, paragraph 29; of 4 December 2014, Spain v Commission, C‑513/13 P, not published, EU:C:2014:2412, paragraph 36; of 24 June 2015, Germany v Commission, C‑549/12 P and C‑54/13 P, EU:C:2015:412, paragraph 81, and of 24 June 2015, Spain v Commission, C‑263/13 P, EU:C:2015:415, paragraph 50). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,444 | 36. It should be borne in mind at the outset that a colour mark per se is capable of constituting, under certain conditions, a trade mark within the meaning of Article 2 of Directive 2008/95 (see, to that effect, Case C‑104/01 Libertel EU:C:2003:244, paragraphs 27 to 42, and Case C‑49/02 Heidelberger Bauchemie EU:C:2004:384, paragraph 42). | 30. Selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 14 juillet 2005, Commission/Allemagne, C‑433/03, Rec. p. I‑6985, point 32, et Commission/Belgique, précité, point 23). | 0 |
9,445 | 54. According to settled case-law, in the context of the organisation of the powers of the European Community the choice of the legal basis for a measure must rest on objective factors which are amenable to judicial review. Those factors include in particular the aim and content of the measure (see, in particular, Case C-269/97 Commission v Council [2000] ECR I‑2257, paragraph 43, Case C-36/98 Spain v Council [2001] ECR I-779, paragraph 58, and British American Tobacco (Investments) and Imperial Tobacco , cited above, paragraph 93). | 58 It follows from a consistent line of decisions that in the context of the organisation of the powers of the Community the choice of a legal basis for a measure must rest on objective factors which are amenable to judicial review. Those factors include in particular the aim and the content of the measure (see, in particular, Case C-269/97 Commission v Council [2000] ECR I-2257, paragraph 43). | 1 |
9,446 | 213. In order to determine whether a breach of Community law is sufficiently serious, it is necessary to take account of all the factors which characterise the situation brought before the national court. Those factors include, in particular, the clarity and precision of the rule infringed, whether the infringement and the damage caused were intentional or involuntary, whether any error of law was excusable or inexcusable, and the fact that the position taken by a Community institution may have contributed towards the adoption or maintenance of national measures or practices contrary to Community law ( Brasserie du Pêcheur and Factortame , paragraph 56, and Haim , paragraphs 42 and 43). | 66. That interpretation cannot be called in question by the objections based on economic and organisational consequences which, according to the five Member States which submitted observations under Article 20 of the EC Statute of the Court of Justice, would result from the extension to a case such as that in the main proceedings of the solution adopted in the Simap judgment. | 0 |
9,447 | 66. The Court has already ruled that a product which is not a medicinal product within the meaning of the provisions of Article 1(2) of Directive 65/65 may, subject to Article 30 et seq. of the Treaty concerning products imported from other Member States, be subject in the domestic law of a Member State to the rules governing medicinal products ( Van Bennekom , cited above, paragraphs 15, 30, 31 and 38; Case 35/85 Tissier [1986] ECR 1207, paragraph 22; and Case C-219/91 Ter Voort [1992] ECR I-5485, paragraph 42). | 37 In that regard, it need only be stated that the French Government itself acknowledged in its reply to the reasoned opinion of 21 October 1999, which laid down a period of two months from its notification, that at the end of 1999 seven incineration plants were still operating without complying with the combustion conditions laid down by Directives 89/369 and 89/429. | 0 |
9,448 | 36. The interpretation that Article 64(1) TFEU is not intended to cover situations falling within the freedom to provide services is also confirmed by the fact that, in contrast to the chapter concerning the free movement of capital, the chapter regulating the freedom to provide services does not contain any provision which enables service providers who are nationals of third countries and established outside the European Union to rely on those provisions, as the objective of the latter chapter is to secure the freedom to provide services for nationals of Member States (judgment in Fidium Finanz , C‑452/04, EU:C:2006:631, paragraph 25). | 33. On the other hand, other goods exist which do not possess an intrinsic shape and must be packaged in order to be marketed. The packaging chosen imposes its shape on the goods. In such circumstances, that packaging, for the purposes of examining an application for registration as a mark, must be assimilated to the shape of the product. That applies, for example, to goods manufactured, in particular, in the form of granules, powder or liquid which, because of their very nature, lack a shape of their own. | 0 |
9,449 | 41. Next, it should be recalled that for there to be an ‘act of communication’ for the purposes of Article 3(1) of Directive 2001/29, it is sufficient, in particular, that those works are made available to a public in such a way that the persons forming that public may access them, irrespective of whether they avail themselves of that opportunity (judgment in Svensson and Others , C‑466/12, EU:C:2014:76, paragraph 19). | 32. Conformément à une jurisprudence constante de la Cour, la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité (arrêts du 14 avril 2011, Commission/Pologne, C-331/09, Rec. p. I-2933, point 54, ainsi que du 28 juillet 2011, Diputación Foral de Vizcaya e.a./Commission, C‑471/09 P à C-473/09 P, point 100). Partant, l’État membre destinataire d’une décision l’obligeant à récupérer des aides illégales est tenu, en vertu de l’article 288, quatrième alinéa, TFUE, de prendre toutes les mesures propres à assurer l’exécution de ladite décision (voir, notamment, arrêts du 26 juin 2003, Commission/Espagne, C-404/00, Rec. p. I-6695, point 21, et Commission/Pologne, précité, point 55). | 0 |
9,450 | 60. In the present case, the justification put forward by the Italian Republic relates to the need to ensure road safety, which, according to the case-law, constitutes an overriding reason relating to the public interest capable of justifying a hindrance to the free movement of goods (see, in particular, Case C‑55/93 van Schaik [1994] ECR I‑4837, paragraph 19; Case C‑314/98 Snellers [2000] ECR I‑8633, paragraph 55; Commission v Finland , paragraph 40, Commission v Netherlands , paragraph 77, Commission v Portugal , paragraph 38; and C‑170/07 Commission v Poland [2008] ECR I‑0000, paragraph 49). | 31. En revanche, une taxe dont le fait générateur n’est pas lié à la procédure d’autorisation générale permettant d’accéder au marché des services de communications électroniques, mais est lié à l’activité de l’opérateur consistant à fournir des services de communications électroniques aux usagers finals en France, ne relève pas du champ d’application de l’article 12 de la directive «autorisation». | 0 |
9,451 | 60. That applies to the rule on aggregation of insurance periods in the various branches of social security referred to in Article 4(1) of Decision No 3/80. On the other hand, Article 3(1) of that decision lays down, within the scope thereof, a precise and unconditional principle such as is capable of being applied by a national court (see Sürül , paragraphs 62 to 74). | Il est de jurisprudence constante que la légalité d’une décision en matière d’aides d’État doit être appréciée en fonction des éléments d’information dont la Commission pouvait disposer au moment où elle l’a arrêtée (arrêts du 15 avril 2008, Nuova Agricast, C‑390/06, EU:C:2008:224, point 54, et du 22 décembre 2008, Régie Networks, C‑333/07, EU:C:2008:764, point 81). Ainsi, il ne peut être fait grief à la Commission de ne pas avoir pris en considération, dans le cadre de la procédure de contrôle des aides d’État, des éléments factuels qui n’ont pas été portés à sa connaissance en temps utile lors de cette procédure. | 0 |
9,452 | 148
In such a situation, it is sufficient for the Commission to prove that all or almost all of the capital in the subsidiary is held, directly or indirectly, by the parent company in order to take the view that that presumption takes effect. The parent company then has the burden of rebutting the presumption, by adducing sufficient evidence relating to the organisational, economic and legal links between itself and its subsidiary to show that its subsidiary acts independently on the market. If the parent company fails to rebut the presumption, the Commission will be able to consider the parent and its subsidiary to form part of the same economic unit and to consider the parent to be responsible for the subsidiary’s conduct and it will be able to hold the two companies jointly and severally liable for payment of a fine, without having to establish the personal involvement of the parent company in the infringement (see, to that effect, judgment of 16 June 2016, Evonik Degussa and AlzChem v Commission, C‑155/14 P, EU:C:2016:446, paragraphs 27 and 29 to 32 and the case-law cited). | 48. Those grounds, on which KWS could have set out its position, were sufficient to justify dismissal of the application by the Board of Appeal. | 0 |
9,453 | 28. Second, the possibility which this offers of circumventing Article 16(4) of the Convention would have the effect of multiplying the heads of jurisdiction and would be liable to undermine the predictability of the rules of jurisdiction laid down by the Convention, and consequently to undermine the principle of legal certainty, which is the basis of the Convention (see Case C-256/00 Besix [2002] ECR I-1699, paragraphs 24 to 26, Case C-281/02 Owusu [2005] ECR I-1383, paragraph 41, and Case C-539/03 Roche Nederland and Others [2006] ECR I‑0000, paragraph 37). | 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 |
9,454 | 28. In that regard, it should be borne in mind that, in the context of the cooperation between the Court of Justice and the national courts provided for by Article 234 EC, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (Case C‑306/99 BIAO [2003] ECR I‑1, paragraph 88, and Case C‑217/05 Confederación Española de Empresarios de Estaciones de Servicio [2006] ECR I‑11987 (‘ CEEES’ ), paragraph 16 and the case‑law cited). | 38. It follows that an obligation for a participant in a tendering procedure to declare, on the one hand, that it is not in a relationship of control or of association with other competitors and, on the other, that it has not concluded any agreement with other participants in the tendering procedure, with the consequence that, failing such a declaration, that participant is automatically excluded from that procedure, infringes the principle of proportionality. | 0 |
9,455 | 74. Accordingly, the Court has accepted that a requirement of prior authorisation may, under certain conditions, be justified by such a consideration in the context of hospital care (see, inter alia, Smits and Peerbooms , paragraphs 76 to 81; Müller-Fauré and van Riet , paragraphs 76 to 81; and Watts , paragraphs 108 to 110) and in the context of medical care which, although it may be provided outside a hospital setting, requires the use of major and costly equipment exhaustively listed in the national legislation (see, to that effect, Commission v France , paragraphs 34 to 42). | 59. It follows from the foregoing that the right to be heard before the adoption of a return decision must allow the competent national authority to investigate the matter in such a way as be able to adopt a decision in full knowledge of the facts and to state reasons for that decision adequately, so that, where appropriate, the person concerned can duly exercise his right to bring legal proceedings. | 0 |
9,456 | 68. Moreover, the Court’s finding in paragraphs 67 to 78 of its judgment in Nuova Agricast , to the effect that undertakings in the first category and those in the second category were not in a comparable situation in terms of the criterion of the need for the State aid, does not per se preclude the possibility of the Commission’s having an obligation to authorise transitional provisions for undertakings in the first category as well in order to comply with, inter alia, the principle of the protection of legitimate expectations. | 80. As a preliminary, it must be pointed out, in the first place, that a collecting society, such as OSA, is an undertaking to which Article 102 TFEU applies (see, to that effect, Case 127/73 BRT and Société belge des auteurs, compositeurs et éditeurs [1974] ECR 313, paragraphs 6 and 7, ‘ BRT II ’). | 0 |
9,457 | 58. In addition, it is settled case-law that in so far as the information provided by the documents relating to posted workers which are required under the rules of the Member State of establishment is adequate, as a whole, to enable the controls needed in the host Member State to be carried out, the production, within a reasonable time, of originals or copies of those documents or, failing that, keeping the originals or copies of those documents available on site or in an accessible and clearly identified place in the territory of the host Member State constitutes a less restrictive means of ensuring the social protection of workers than drawing up documents complying with the rules of that Member State (see, to that effect, Arblade and Others , paragraphs 64 to 66, and Finalarte and Others , paragraph 74). | 90. The definition of aid is thus more general than that of a subsidy because it includes not only positive benefits, such as subsidies themselves, but also measures which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which thus, without being subsidies in the strict sense of the word, are similar in character and have the same effect ( Steenkolenmijnen v High Authority , p. 19; Case C-387/92 Banco Exterior de España [1994] ECR I-877, paragraph 13; Ecotrade , paragraph 34; Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggauer Zementwerke [2001] ECR I‑8365, paragraph 38; and Case C-5/01 Belgium v Commission , paragraph 32). | 0 |
9,458 | 34
However, that is not the case as regards the action for recovery of fees at issue in the main proceedings, inasmuch as, under Article 34(2) and Article 35(2) of the LEC, that action is placed on the periphery of the national court system. First, the commencement of that action does not preclude, on grounds of lis pendens, an independent action being brought before a court of common law in proceedings for a declaration or an injunction to pay, nor is that grounds for the pleas that may be made, in parallel or subsequently before that court being inadmissible and, second, the order closing such an action appears to be a decision of an administrative nature, for, whilst being final, immediately enforceable and not amenable to appeal, it is not capable of acquiring the attributes of a judicial decision, in particular the force of res judicata (see, by analogy, judgment of 19 December 2012, Epitropos tou Elegktikou Synedriou, C‑363/11, EU:C:2012:825, paragraphs 27 and 28). | 21. As a preliminary point, it should be recalled that, under Article 13(2) of Regulation No 2100/94, authorisation from the holder of the Community plant variety right is required, in respect of variety constituents or harvested material of the protected variety, inter alia, for production or reproduction (multiplication); for conditioning for the purposes of propagation; for offering for sale, selling or other marketing; and for stocking for those purposes (see Schulin , paragraph 46). | 0 |
9,459 | 22 The Court has consistently held that it is for the national court to decide whether the person liable could have detected the error made by the competent authorities, having regard to the nature of the error, the professional experience of the trader concerned and the degree of care which he exercised (see, among others, the judgments in Case C-187/91 Société Coopérative Belovo [1992] ECR I-4963, paragraph 17, Case C-371/90 Beirafrio [1992] ECR I-2728, paragraph 21, and Case C-64/89 Deutsche Fernsprecher [1990] ECR I-2535, paragraph 24). | 42. The suspension arrangement defined in Article 4(c) of the Directive is the tax arrangement applied to the production, processing, holding and movement of products, excise duty being suspended. It is a feature of that arrangement that the excise duty on the products covered by it is not yet payable, although the chargeable event for taxation purposes has already taken place. | 0 |
9,460 | 19. According to settled case-law, the provisions of the TFEU on freedom of establishment do not apply to a situation, all the elements of which are confined within one single Member State (see, to that effect, Joined Cases C‑54/88, C‑91/88 and C‑14/89 Nino and Others [1990] ECR I‑3537, paragraph 11; Case C‑134/94 Esso Española [1995] ECR I‑4223, paragraph 17; and Case C‑389/05 Commission v France [2008] ECR I‑5397, paragraph 49). | 169 Furthermore, as is apparent from the case-law of the Court, a plea which may be regarded as amplifying a plea made previously, whether directly or by implication, in the original application must be considered admissible (Case 306/81 Verros v Parliament [1983] ECR 1755, paragraphs 9 and 10). | 0 |
9,461 | 59. In particular, the Court has held (see, inter alia, Case 5/85 AKZO Chemie v Commission [1986] ECR 2585, paragraphs 35 to 37) that the Commission may, without undermining the principle of collegiate responsibility which governs its functioning, authorise its Members to adopt certain decisions in its name. That system of delegation of authority does not have the effect of divesting the Commission of its decision‑making power since the decisions adopted by the Member are adopted in the name of the Commission, which is fully responsible for them. The Court based that assessment inter alia on the need to ensure that the decision-making body is able to function, which corresponds to a principle inherent in all institutional systems. | 22. Any person is thus entitled to claim compensation for the harm suffered where there is a causal relationship between that harm and an agreement or practice prohibited under Article 101 TFEU ( Manfredi and Others EU:C:2006:461 paragraph 61, and Otis and Others EU:C:2012:684, paragraph 43). | 0 |
9,462 | 17 However, that provision cannot limit the right to effective judicial protection. The requirement of judicial control of any decision of a national authority reflects a general principle of Community law stemming from the constitutional traditions common to the Member States and enshrined in Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Case 222/86 Unectef v Heylens [1987] ECR 4097, paragraph 14, and Case C-97/91 Oleificio Borelli v Commission [1992] ECR I-6313, paragraph 14). | 31 Since measures as essential as those determining the management of the area or governing the use of the marshes and the activities carried out there have not been adopted, the requirements of the directive cannot be held to have been satisfied. | 0 |
9,463 | 76 In that regard, as has already been observed in paragraph 49 of this judgment, the legality of a decision concerning State aid is to be assessed in the light of the information available to the Commission when the decision was adopted. A Member State therefore cannot rely on information which it failed to bring to the attention of the Commission in the course of the administrative procedure when contesting the legality of such a decision (Joined Cases C-278/92, C-279/92 and C-280/92 Spain v Commission [1994] ECR I-4103, paragraph 31). This is a fortiori the case where the Member State has refused to reply to an express request for information from the Commission (see France v Commission, paragraphs 36 and 37). | 50. In those circumstances, it is appropriate to note that, while the choice of penalties remains within their discretion, Member States must ensure in particular that infringements of EU law are penalised under conditions which make the penalty effective, proportionate and dissuasive (see, to that effect, Joined Cases C‑387/02, C‑391/02 and C‑403/02 Berlusconi and Others [2005] ECR I‑3565, paragraph 65). | 0 |
9,464 | 67. It is clear from the wording of Article 41 of the Charter that it is addressed not to the Member States but solely to the institutions, bodies, offices and agencies of the European Union (see, to that effect, the judgment in Cicala , C‑482/10, EU:C:2011:868, paragraph 28). Consequently, an applicant for a resident permit cannot derive from Article 41(2)(b) of the Charter a right to access the national file relating to his application. | 58. Furthermore, measures taken on grounds of public policy or of public security are to be based exclusively on the personal conduct of the individual concerned. Such measures can thus not be ordered automatically on general preventive grounds following a criminal conviction ( Polat , paragraphs 31 and 35). | 0 |
9,465 | 77 In arriving at that conclusion the Court first reiterated that the concept of pay, within the meaning of the second paragraph of Article 119, comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, from his employer in respect of his employment (paragraph 28). | 42. À cet égard, il y a lieu de souligner que les démarches législatives destinées à garantir l’exécution, par les juridictions nationales, d’une décision de la Commission obligeant un État membre à récupérer une aide illégale, qui sont, comme en l’espèce, prises tardivement et qui s’avèrent inefficaces, ne satisfont pas aux exigences découlant de la jurisprudence visée aux points 24 à 26 du présent arrêt (voir arrêt du 14 juillet 2011, Commission/Italie, C‑303/09, point 41). | 0 |
9,466 | 44
Thus, it is only if the work carried out by a worker such as Ms Vega González within the context of her fixed-term contract is not identical or comparable to the work carried out by permanent workers that the alleged difference in treatment with respect to the right to be granted special service leave may be justified, notwithstanding the prohibition set out in Clause 4 of the framework agreement, as that difference in treatment would relate to different situations (see, by analogy, judgments of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 48 and the case-law cited, and of 14 September 2016, de Diego Porras, C‑596/14, EU:C:2016:683, paragraph 41). | 30. S’agissant de l’argument de l’OHMI selon lequel la quatrième branche du moyen vise à remettre en cause, au stade du pourvoi, des constatations de nature factuelle, il convient de rappeler que, si l’appréciation, par le Tribunal, des éléments de preuve produits devant lui ne constitue pas, sous réserve du cas de leur dénaturation, une question de droit soumise, comme telle, au contrôle de la Cour dans le cadre d’un pourvoi (voir, notamment, arrêt du 12 juin 2007, OHMI/Shaker, C‑334/05 P, Rec. p. I‑4529, point 28 et jurisprudence citée), en revanche, il incombe à la Cour de vérifier si, lors de cette appréciation, le Tribunal a commis une erreur de droit en violant les règles applicables en matière de preuve (arrêt du 8 juillet 1999, Hüls/Commission, C‑199/92 P, Rec. p. I‑4287, point 65). | 0 |
9,467 | 59. A distinction must therefore be made between the unequal treatment permitted under Article 58(1)(a) EC and the arbitrary discrimination prohibited under Article 58(3) EC. According to the case-law, in order for national tax legislation such as that at issue in the main proceedings – which, for the purposes of assessing inheritance tax, makes a distinction with regard to the deductibility of debts secured on an immovable property situated in the Member State concerned according to whether the person whose estate is being administered was residing in that Member State or in another Member State at the time of death – to be considered compatible with the provisions of the Treaty on the free movement of capital, the difference in treatment must concern situations which are not objectively comparable or be justified by overriding reasons in the general interest (see Verkooijen , paragraph 43; Manninen , paragraph 29; and Jäger , paragraph 43). | 46. En vertu de l’article 8, paragraphe 4, du règlement n° 207/2009, le titulaire d’un signe utilisé dans la vie des affaires dont la portée n’est pas seulement locale peut s’opposer à l’enregistrement d’une marque communautaire, notamment, lorsque et dans la mesure où, selon le droit de l’État membre qui est applicable à ce signe, des droits à ce dernier ont été acquis avant la date de dépôt de la demande d’enregistrement de cette marque et ledit signe lui donne le droit d’interdire l’utilisation d’une marque plus récente. | 0 |
9,468 | 17 The fact, invoked by the Commission, that the Hellenic Republic does not itself produce processed milk for infants does not undermine those findings. The applicability of Article 30 of the Treaty to a national measure for the general regulation of commerce, which concerns all the products concerned without distinction according to their origin, cannot depend on such a purely fortuitous factual circumstance, which may, moreover, change with the passage of time. If it did, this would have the illogical consequence that the same legislation would fall under Article 30 in certain Member States but fall outside the scope of that provision in other Member States. | 33. Accordingly, for the purposes of applying the rule of special jurisdiction in matters relating to a contract, laid down in the second indent of Article 5(1)(b) of the regulation, concerning the provision of services, when there are several places of delivery of the goods the ‘place of performance’ must be understood as the place with the closest linking factor, which, as a general rule, will be at the place of the main provision of services. | 0 |
9,469 | 27. More particularly, as far as enforcement is concerned, the principal aim of the Convention is to facilitate, to the greatest possible extent, the free movement of judgments by providing for a simple and rapid enforcement procedure whilst giving the party against whom enforcement is sought an opportunity to lodge an appeal (see, in particular, Case 148/84 Deutsche Genossenschaftsbank [1985] ECR 1981, paragraph 16, and Case C-7/98 Krombach [2000] ECR I-1935, paragraph 19). | 31. Consequently, aims of the kind pursued by the national legislation at issue in the main proceedings must, in principle, be considered to justify ‘objectively and reasonably’ and ‘within the context of national law’, as provided for in the first subparagraph of Article 6(1) of Directive 2000/78, a difference of treatment on grounds of age. | 0 |
9,470 | 30 Third, according to settled case-law, the need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. Those requirements are of particular importance in certain areas, such as that of competition, where the factual and legal situations are often complex (see in particular Telemarsicabruzzo, cited above, paragraphs 6 and 7, Case C-67/96 Albany [1999] ECR I-0000, paragraph 39, and Joined Cases C-115/97 to C-117/97 Brentjens' [1999] ECR I-0000, paragraph 38). | 68. With regard to the purpose of Directive 2001/44, it follows from the first three recitals in its preamble that it seeks to safeguard the ‘fiscal neutrality of the internal market’ and to protect the financial interests of both the Community and the Member States. | 0 |
9,471 | 101 In its judgment of 27 March 1980 in Case 129/79 Macarthys Ltd v Smith [1980] ECR 1275 the Court held that comparisons in cases of actual discrimination falling within the scope of the direct application of Article 119 are confined to parallels which may be drawn on the basis of concrete appraisals of the work actually performed by employees of different sex within the same establishment or service (paragraph 15). | 68. As regards judicial review of compliance with those conditions, since the ESCB is required, when it prepares and implements an open market operations programme of the kind announced in the press release, to make choices of a technical nature and to undertake forecasts and complex assessments, it must be allowed, in that context, a broad discretion (see, by analogy, judgments in Afton Chemical , C‑343/09, EU:C:2010:419, paragraph 28, and Billerud Karlsborg and Billerud Skärblacka , C‑203/12, EU:C:2013:664, paragraph 35). | 0 |
9,472 | 59
As regards, in the first place, the arguments relating to the need to prevent tax evasion, according to settled case-law, a national measure restricting the free movement of capital may be justified by such an overriding reason in the public interest where it specifically targets wholly artificial arrangements which do not reflect economic reality and the sole purpose of which is to avoid the tax normally payable or to obtain a tax advantage on the profits generated by activities carried out on the national territory (see, to that effect, judgments of 17 September 2009, Glaxo Wellcome, C‑182/08, EU:C:2009:559, paragraph 89, and of 3 October 2013, C‑282/12, Itelcar, EU:C:2013:629, paragraph 34 and the case-law cited). | 33 As regards the increase in sickness insurance contributions, however, the Austrian Government itself acknowledges that this was decided on in order to compensate for the reduction of the contributory financial transfers from pension insurance to the sickness insurance institutions, that reduction in turn being intended to reduce to a proper level the federal contribution to pension insurance so as to release the necessary resources for financing the new care allowance. The financing of that benefit was therefore made possible, without altering sickness, old-age and accident benefits, by means of increasing sickness insurance contributions. The link, albeit indirect, with sickness insurance contributions is all the stronger in that the abstraction of resources from sickness insurance is made from the contributory portion of receipts. Care allowance is therefore contributory in character. | 0 |
9,473 | 53. The Hellenic Republic claims that, in the cases relied upon by the Commission, either the investors concerned were given no indication of the specific objective circumstances in which prior authorisation would be granted or withheld (judgment in Case C‑463/00 Commission v Spain , paragraph 74), or no criteria existed which were as specific as those provided for by Law 3631/2008 (judgment in Case C‑274/06 Commission v Spain , paragraph 52). | 19 It is settled case-law, confirmed in paragraph 20 of Case C-36/94 Siesse v Director da Alfândega de Alcântara [1995] ECR I-3573, that where Community legislation does not specifically provide for any penalty for an infringement or refers for that purpose to national legislation, Article 5 of the EC Treaty (now Article 10 EC) requires the Member States to take all the measures necessary to guarantee the application and effectiveness of Community law. For that purpose, while the choice of penalty remains within their discretion, they must ensure in particular that infringements of Community law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive. | 0 |
9,474 | 47. According to settled case-law, where an appeal merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the Court of First Instance, without even including an argument specifically identifying the error of law allegedly vitiating the judgment under appeal, it fails to satisfy the requirements under Article 58 of the Statute of the Court of Justice and Article 112(1)(c) of its Rules of Procedure. In reality, such an appeal amounts to no more than a request for re-examination of the application submitted to the Court of First Instance, which, under Article 56 of that Statute, falls outside the jurisdiction of the Court of Justice (see Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I-5291, paragraph 35, Case C-210/98 P Salzgitter v Commission [2000] ECR I-5843, paragraph 42, and Case C-321/99 P ARAP and Others v Commission [2002] ECR I-4287, paragraph 48). | 24. Secondly, it must be recalled that, as recital 17 in the preamble to Directive 2004/38 states, the right of permanent residence is a key element in promoting social cohesion and was provided for by that directive in order to strengthen the feeling of Union citizenship. The EU legislature accordingly made the acquisition of the right of permanent residence pursuant to Article 16(1) of Directive 2004/38 subject to the integration of the citizen of the Union in the host Member State (see Case C-162/09 Lassal [2010] ECR I-9217, paragraphs 32 and 37). | 0 |
9,475 | 39 It is clear, however, from the judgments in Case C-57/93 Vroege [1994] ECR I-4541, paragraphs 20 to 27, Fisscher, cited above, paragraphs 17 to 24, and Case C-246/96 Magorrian and Cunningham v EHSSB and DHSS [1997] ECR I-7153, paragraphs 27 to 35, that the limitation in time of the effects of Article 119 resulting from both the Barber judgment and the Protocol concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions (see Case C-435/93 Dietz v Stichting Thuiszorg Rotterdam [1996] ECR I-5223, paragraph 19). | 47. In the main proceedings, it is not disputed that, formally, in accordance with the contractual terms, Alabaster provided the lenders with the supplies of loan broking services and that it was the recipient of the supplies of advertising services provided by Wallace Barnaby. | 0 |
9,476 | 28. According to the case‑law, where use is made of an entity jointly owned by a number of public authorities, the ‘similar control’ may be exercised jointly by those authorities, without it being essential for such control to be exercised individually by each of them (see, to that effect, Coditel Brabant , paragraphs 47 and 50, and Sea , paragraph 59). | 33. The Court has consistently held that the need for a uniform application of European Union law and the principle of equality require that the terms of a provision of European Union law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent and uniform interpretation throughout the European Union; that interpretation must take into account the context of the provision and the objective of the relevant legislation (see, inter alia, Case 327/82 Ekro [1984] ECR 107, paragraph 11; Case C-287/98 Linster [2000] ECR I-6917, paragraph 43; and judgment of 22 March 2012 in Case C-190/10 Génesis , paragraph 40). | 0 |
9,477 | 17. It follows that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of Community law referred to in the questions bears no relation to the actual facts of the main action or to its purpose (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑212/06 Gouvernement de la Communauté française and Gouvernement wallon [2008] ECR I‑1683, paragraph 29). | 63. Although the Member States’ power — which the Court has recognised, subject to the respect of certain conditions — to require nationals of other Member States to show a certain degree of integration in their societies in order to receive social advantages, such as financial assistance for education, is not limited to situations in which the applicants for assistance are economically inactive citizens, the existence of a residence requirement, such as that laid down in Article 2.14(2) of the WSF 2000, to prove the required degree of integration is, in principle, inappropriate when the persons concerned are migrant workers or frontier workers. | 0 |
9,478 | 50. The fact that the legislature chose to use the word ‘characteristic’ highlights the fact that the signs referred to in Article 7(1)(c) of Regulation No 40/94 are merely those which serve to designate a property, easily recognisable by the relevant class of persons, of the goods or the services in respect of which registration is sought. As the Court has pointed out, a sign can be refused registration on the basis of Article 7(1)(c) of Regulation No 40/94 only if it is reasonable to believe that it will actually be recognised by the relevant class of persons as a description of one of those characteristics (see, by analogy, as regards the identical provision laid down in Article 3 of Directive 89/104, Windsurfing Chiemsee , paragraph 31, and Koninklijke KPN Nederland , paragraph 56). | 53. En troisième lieu, la République hellénique fait état du caractère disproportionné de l’obligation de récupération des aides visées. Il convient de rappeler que la suppression d’une aide illégale par voie de récupération est la conséquence logique de la constatation de son illégalité (voir arrêts du 21 mars 1990, Belgique/Commission, C‑142/87, Rec. p. I-959, point 66; du 14 janvier 1997, Espagne/Commission, C-169/95, Rec. p. I-135, point 47, et du 29 avril 2004, Allemagne/Commission, C-277/00, Rec. p. I-3925, point 76) et que l’obligation pour l’État membre de supprimer une aide considérée par la Commission comme incompatible avec le marché commun vise au rétablissement de la situation antérieure (voir arrêts du 13 juin 2002, Pays-Bas/Commission, C-382/99, Rec. p. I-5163, point 89, et Allemagne/Commission, précité, point 74). | 0 |
9,479 | 120. Second, the requirement to state reasons must be assessed by reference to the circumstances of the case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons meets the requirements of Article 253 EC must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see Elf Aquitaine v Commission , paragraph 150 and case‑law cited). | 38. As both the Greek Government, in its written observations, and the Advocate General, at point 32 of his Opinion, have observed, the fact that the Community legislature did not wish to model the system applicable to non-working pensioners on that applicable to employed and self-employed persons may be explained by a desire to promote effective mobility of that category of insured persons, taking into account certain characteristics which typify them, such as a potentially greater vulnerability and dependence in health terms and an increased freedom from commitments permitting more frequent stays in other Member States. | 0 |
9,480 | 45
In that regard, firstly, it is appropriate to have regard to the settled case-law of the Court, in accordance with which a passenger’s right to a standardised and lump-sum payment following a flight delay, drawn from Articles 5 to 7 of Regulation No 261/2004, on which Flight Refund relies in the present case, is independent of compensation for damage in the context of Article 19 of the Montreal Convention (see, to that effect, judgments in Rehder, C‑204/08, EU:C:2009:439, paragraph 27, and Nelson and Others, C‑581/10 and C‑629/10, EU:C:2012:657, paragraphs 46, 49 and 55). | 23 Second, it should be borne in mind that, as is apparent from the second recital in the preamble to the Directive, the harmonising measures laid down by the Directive are intended, inter alia, to eliminate restrictions on the carrying-on of the activities of commercial agents, to make the conditions of competition within the Community uniform and to increase the security of commercial transactions (see, to that effect, Bellone, paragraph 17). | 0 |
9,481 | As regards the merits of the first ground of appeal, first of all, it is apparent from settled case-law concerning the admissibility of actions for annulment that, in order to ascertain whether an act may be the subject of such an action, it is necessary to look to the substance of that act, the form in which it was adopted being in principle irrelevant in that regard (see, to that effect, in particular, judgments of 22 June 2000, Netherlands v Commission, C‑147/96, EU:C:2000:335, paragraph 27, and of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraphs 42 and 43). | 27 In order to ascertain whether or not a measure which has been challenged produces such effects it is necessary to look to its substance (see IBM v Commission, cited above, paragraph 9). | 1 |
9,482 | 42
It has thus been held by the Court that the Commission was not under an obligation to inform the undertaking concerned before the notification of the statement of objections that it was in possession of evidence since it is the notification of the statement of objections, on the one hand, and access to the file enabling the addressee of the statement of objections to peruse the evidence in the Commission’s file, on the other, that ensure that the rights of the defence are observed and that the undertaking concerned is able to rely in full on its rights of defence after that notification (see, inter alia, judgment of 25 January 2007, Dalmine v Commission, C‑407/04 P, EU:C:2007:53, paragraphs 58 and 59). | 39. As has been stated at paragraph 36 of the present judgment, Directive 2005/29 is characterised by a particularly wide scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers. As is evident from recital 6 in the preamble to that directive, only national legislation relating to unfair commercial practices which harm ‘only’ competitors’ economic interests or which relate to a transaction between traders is thus excluded from that scope. | 0 |
9,483 | 71. As regards the argument which the Republic of Latvia derives from the judgment in Colegio de Oficiales de la Marina Mercante Española (C‑405/01, EU:C:2003:515), relating to the fact that, in Latvia, divorce by mutual consent pronounced by a notary is registered by the Registrar of births, marriages and deaths, it is apparent from paragraph 42 of that judgment that, when the Court ruled that the duties conferred on masters and chief mates of merchant ships flying the Spanish flag constitute participation in the exercise of rights under powers conferred by public law, it was referring to all the duties performed by them, including rights connected to the maintenance of safety and to the exercise of police powers, together with, in appropriate cases, powers of investigation, coercion and punishment, and not merely the authority held by those masters and chief mates in respect of the registration of births, marriages and deaths. | 51. Il est de jurisprudence constante que l’astreinte doit être arrêtée en fonction du degré de persuasion nécessaire pour que l’État membre défaillant à exécuter un arrêt en manquement modifie son comportement et mette fin à l’infraction incriminée (voir arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 113 et jurisprudence citée). | 0 |
9,484 | 32. It must be observed that it is ultimately for the national court, which has sole jurisdiction to determine the facts in the case before it and to interpret the national legislation, to determine whether that is the case. However, in preliminary ruling proceedings, the Court, which is called on to provide answers of use to the national court, may provide guidance based on the documents in the file and on the written and oral observations submitted to it, in order to enable the national court to give judgment (see, inter alia, judgment in Alakor Gabonatermelő és Forgalmazó , C‑191/12, EU:C:2013:315, paragraph 31 and the case-law cited). | 120. Il convient de rappeler que les lignes directrices de 1998, qui, en tant que mesures d’ordre interne adoptées par l’administration, ne sauraient être qualifiées de règles de droit, énoncent toutefois une règle de conduite indicative de la pratique à suivre dont cette dernière ne peut s’écarter, dans un cas particulier, sans donner des raisons qui soient compatibles avec le principe d’égalité de traitement (voir, s’agissant des lignes directrices pour le calcul du montant des amendes en matière d’ententes, arrêt du 28 juin 2005, Dansk Rørindustri e.a./Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P à C‑208/02 P et C‑213/02 P, Rec. p. I‑5425, point 209). De telles règles peuvent déployer, sous certaines conditions et en fonction de leur contenu, des effets juridiques (voir arrêt Dansk Rørindustri e.a./Commission, précité, point 211). | 0 |
9,485 | 191. It is apparent from the case‑law that the Member States must ensure that evidential rules – and, in particular the rules on the allocation of the burden of proof applicable to actions relating to a breach of Community law – are, firstly, not less favourable than those that apply to similar domestic actions and, secondly, that they do not make it in practice impossible or excessively difficult for individuals to exercise rights conferred by Community law (see Case C‑228/98 Dounias [2000] ECR I‑577, paragraph 69 and the case‑law cited). | 29 In particular, by contrast with insolvency proceedings, the procedure whereby an undertaking is declared to be in critical difficulties does not involve any judicial supervision or any measure whereby the assets of the undertaking are put under administration, and does not provide for any suspension of payments. | 0 |
9,486 | 17. Having regard to the case-law of the Court, it is necessary to examine the rules relating to the existence and operation of the monopoly with reference to Article 31 EC, which is specifically applicable to the exercise, by a domestic commercial monopoly, of its exclusive rights (see Case 91/75 Miritz [1976] ECR 217, paragraph 5; Case 120/78 REWE-Zentral [1979] ECR 649, ‘Cassis de Dijon’ , paragraph 7; Case 91/78 Hansen [1979] ECR 935, paragraphs 9 and 10; Case C‑387/93 Banchero [1995] ECR I‑4663, paragraph 29; and Case C‑189/95 Franzén [1997] ECR I‑5909, paragraph 35). | 87. Ainsi, les propositions de la Commission ne sauraient lier la Cour et ne constituent qu’une base de référence utile. De même, des lignes directrices telles que celles contenues dans les communications de la Commission ne lient pas la Cour, mais contribuent à garantir la transparence, la prévisibilité et la sécurité juridique de l’action menée par cette institution (arrêt Commission/Grèce, C‑369/07, EU:C:2009:428, point 112 et jurisprudence citée).
Sur l’astreinte | 0 |
9,487 | 43
That interpretation is supported, first, by the origins of Article 290 TFEU, which may provide information relevant to the interpretation of a provision of the FEU Treaty (see, to that effect, judgment in Inuit Tapiriit Kanatami and Others v Parliament and Council, C‑583/11 P, EU:C:2013:625, paragraph 50) and, secondly, as the European Parliament noted, by the explanations provided by the Commission in its guidelines on delegated acts, which, while they cannot bind the Court, may constitute a useful source of guidance (see, by analogy, judgments in Italy v Commission, C‑310/99, EU:C:2002:143, paragraph 52, and in T-Mobile Czech Republic and Vodafone Czech Republic, C‑508/14, EU:C:2015:657, paragraph 42). | 25. Since luxury goods are high-class goods, the aura of luxury emanating from them is essential in that it enables consumers to distinguish them from similar goods. | 0 |
9,488 | Ces constatations ne sauraient être remises en cause par le fait que la Cour a également jugé que, lorsque deux entités constituent une même entité économique, le fait que l’entité ayant commis l’infraction existe encore n’empêche pas, par lui-même, que soit sanctionnée l’entité à laquelle elle a transféré ses activités économiques. En particulier, une telle mise en œuvre de la sanction est admissible lorsque ces entités ont été sous le contrôle de la même personne et ont, eu égard aux liens étroits qui les unissent sur le plan économique et organisationnel, appliqué pour l’essentiel les mêmes directives commerciales (voir arrêts du 11 décembre 2007, ETI e.a., C‑280/06, EU:C:2007:775, points 48 et 49 et jurisprudence citée, ainsi que du 18 décembre 2014, Commission/Parker Hannifin Manufacturing et Parker-Hannifin, C‑434/13 P, EU:C:2014:2456, points 41 et 54). | 25. At the outset, it should be borne in mind that, according to the Court’s settled case-law, in the interests of legal certainty and for ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the CN and the notes to the sections or chapters (see, inter alia, Case C‑142/06 Olicom [2007] ECR I‑6675, paragraph 16; Case C‑376/07 Kamino International Logistics [2009] ECR I‑1167, paragraph 31; and Joined Cases C‑288/09 and C‑289/09 British Sky Broadcasting Group and Pace [2011] ECR I‑0000, paragraph 60). | 0 |
9,489 | 67. As regards airline pilots, it is essential that they possess, inter alia, particular physical capabilities in so far as physical defects in that profession may have significant consequences. It is also undeniable that those capabilities diminish with age (see, to that effect, with regard to the profession of fireman, Wolf , paragraph 41). It follows that possessing particular physical capabilities may be considered as a ‘genuine and determining occupational requirement’, within the meaning of Article 4(1) of the Directive, for acting as an airline pilot and that the possession of such capabilities is related to age. | 31. The Member State to which such a decision requiring recovery of illegal aid is addressed is obliged under Article 249 EC to take all measures necessary to ensure implementation of that decision. | 0 |
9,490 | 22. As is clear from settled case‑law, the terms used to specify the exemptions in Article 13 of the Sixth Directive are to be interpreted strictly. Nevertheless, the interpretation of those terms must be consistent with the objectives underlying the exemptions and must comply with the requirements of the principle of fiscal neutrality inherent in the common system of VAT. Accordingly, the requirement of strict interpretation does not mean that the terms used to specify the exemptions referred to in Article 13 must be construed in such a way as to deprive the exemptions of their intended effects (see inter alia, to that effect, Case C‑445/05 Haderer [2007] ECR I‑4841, paragraph 18 and the case‑law cited; Case C‑461/08 Don Bosco Onroerend Goed [2009] ECR I‑11079, paragraph 25 and the case‑law cited; and Case C‑262/08 CopyGene ECR [2010] ECR I‑5053, paragraph 26). | 24 Where there are objective factors which lead the host State to consider that the certificate produced contains manifest inaccuracies, that State may, if it so wishes, approach the Member State from which the beneficiary comes with a view to requesting additional information . | 0 |
9,491 | 40
With regard, in particular, to the distortion of evidence and facts, the Court has repeatedly held that there is such distortion where, without having recourse to new evidence, the assessment of the existing evidence appears to be clearly incorrect or manifestly at odds with its wording (see, to that effect, judgments of 18 January 2007, PKK and KNK v Council, C‑229/05 P, EU:C:2007:32, paragraph 37, and of 19 December 2013, Siemens and Others v Commission, C‑239/11 P, C‑489/11 P and C‑498/11 P, not published, EU:C:2013:866, paragraph 44). | 20 To accept that the Member States might on that ground be justified in charging intra-Community maritime transport more heavily than internal transport would be tantamount to rendering the extension of the freedom to provide services to intra-Community maritime transport provided for in Regulation No 4055/86 to a substantial extent nugatory. | 0 |
9,492 | 24 The Court has consistently held that social security benefits must be regarded, irrespective of the characteristics peculiar to different national legal systems, as being of the same kind when their purpose and object as well as the basis on which they are calculated and the conditions for granting them are identical (see the judgment in Case 197/85 ONPTS v Stefanutti [1987] ECR 3855, paragraph 12). On the other hand, characteristics which are purely formal must not be considered relevant criteria for the classification of the benefits (judgment in Van Gastel, cited above, paragraph 10). | 50 SELON L ' ARTICLE 43 DU STATUT DE LA COUR , ' LES ACTIONS CONTRE LA COMMUNAUTE EN MATIERE DE RESPONSABILITE NON CONTRACTUELLE SE PRESCRIVENT PAR CINQ ANS A COMPTER DE LA SURVENANCE DU FAIT QUI Y DONNE LIEU ' . IL CONVIENT D ' INTERPRETER CETTE DISPOSITION EN CE SENS QUE LA PRESCRIPTION NE SAURAIT ETRE OPPOSEE A LA VICTIME D ' UN DOMMAGE QUI N ' AURAIT PU PRENDRE CONNAISSANCE DU FAIT GENERATEUR DE CE DOMMAGE QU ' A UNE DATE TARDIVE , ET N ' AURAIT PU DISPOSER AINSI D ' UN DELAI RAISONNABLE POUR PRESENTER SA REQUETE OU SA DEMANDE AVANT L ' EXPIRATION DU DELAI DE PRESCRIPTION .
| 0 |
9,493 | 39. By contrast, according to the appellant in the main proceedings, the Greek Government and the Commission, it follows from the Court’s case-law on Article 5(1) of the Brussels Convention that the consistent interpretation of the criterion of the place where the employee ‘habitually carries out his work’ has the result that that rule can also be applied in cases where work is carried out in several Member States. In particular, they point out that, for the purposes of specifically determining that place, the Court has made reference to the place from which the employee mainly carries out his obligations towards his employer ( Mulox IBC , paragraphs 21 to 23) or to the place in which he has established the effective centre of his working activities (Case C‑383/95 Rutten [1997] ECR I‑57, paragraph 23), or, in the absence of an office, to the place in which the employee carries out the majority of his work (Case C‑37/00 Weber [2002] ECR I‑2013, paragraph 42). | 98. En ce qui concerne la violation de l’article 296, paragraphe 2, TFUE invoquée par la Commission, il convient de rappeler que, selon une jurisprudence constante, si la motivation exigée par cette disposition doit faire apparaître de façon claire et non équivoque le raisonnement de l’autorité communautaire, auteur de l’acte en cause, de manière à permettre aux intéressés de connaître les justifications de la mesure prise et à la Cour d’exercer son contrôle, il n’est toutefois pas exigé qu’elle spécifie tous les éléments de droit ou de fait pertinents (voir, notamment, arrêts du 29 février 1996, Commission/Conseil, C‑122/94, Rec. p. I‑881, point 29; du 12 juillet 2005, Alliance for Natural Health e.a., C‑154/04 et C‑155/04, Rec. p. I‑6451, point 133, ainsi que du 12 décembre 2006, Allemagne/Parlement et Conseil, C‑380/03, Rec. p. I‑11573, point 107). | 0 |
9,494 | 63
While, however, the Czech practice at issue is thus capable of being justified in part, in particular because the precious metals concerned may not correspond to the conditions of lawful marketing in a Member State, for that justification to be accepted it is also necessary that the practice is appropriate for attaining that objective and does not go beyond what is necessary to attain it (see, to that effect, judgments of 10 February 2009, Commission v Italy, C‑110/05, EU:C:2009:66, paragraph 59 and the case-law cited, and of 16 January 2014, Juvelta, C‑481/12, EU:C:2014:11, paragraph 29). | 41. Il importe, d’emblée, de rappeler que, en vertu d’une jurisprudence constante, en l’absence de mesures d’unification ou d’harmonisation adoptées par l’Union, les États membres demeurent compétents pour déterminer les critères d’imposition des revenus et de la fortune en vue d’éliminer, le cas échéant par voie conventionnelle, les doubles impositions. Dans ce contexte, les États membres sont libres, dans le cadre de conventions bilatérales tendant à éviter les doubles impositions, de fixer les facteurs de rattachement aux fins de la répartition de la compétence fiscale (voir, notamment, arrêts de Groot, précité, point 93; du 16 octobre 2008, Renneberg, C-527/06, Rec. p. I‑7735, point 48, et du 28 février 2013, Beker, C‑168/11, point 32). | 0 |
9,495 | 27. In addition, pursuant to the second paragraph of Article 252 TFEU, it is the duty of the Advocate General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice, require the Advocate General’s involvement. The Court is not bound either by the Advocate General’s Opinion or by the reasoning on which it is based (judgment in Commission and Others v Kadi , C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraph 57 and the case-law cited). | 37. Thus, the object of protection under Directive 91/250 includes the forms of expression of a computer program and the preparatory design work capable of leading, respectively, to the reproduction or the subsequent creation of such a program. | 0 |
9,496 | 81
In accordance with Article 120(c) of the Rules of Procedure of the Court of Justice and the related case-law, an application initiating proceedings must state the subject matter of the proceedings, the pleas in law and arguments relied on and a summary of those pleas in law. That statement must be sufficiently clear and precise to enable the defendant to prepare his defence and the Court to rule on the application. It is, therefore, necessary for the essential points of fact and of law on which a case is based to be indicated coherently and intelligibly in the application itself and for the form of order to be set out unambiguously so that the Court does not rule ultra petita or fail to rule on a complaint (see, in particular, judgments of 15 June 2010, Commission v Spain, C‑211/08, EU:C:2010:340, paragraph 32, and of 22 September 2016, Commission v Czech Republic, C‑525/14, EU:C:2016:714, paragraph 16). | 32. In that regard, it should be borne in mind that it follows from Article 38(1)(c) of the Rules of Procedure of the Court of Justice and from the case-law relating to that provision that the application initiating proceedings must state the subject-matter of the dispute and a summary of the pleas in law on which the application is based and that that statement must be sufficiently clear and precise to enable the defendant to prepare its defence and the Court to rule on the application. It is therefore necessary for the essential points of law and of fact on which a case is based to be indicated coherently and intelligibly in the application itself and for the heads of claim to be set out unambiguously so that the Court does not rule ultra petita or indeed fail to rule on a claim (Case C‑195/04 Commission v Finland [2007] ECR I‑3351, paragraph 22 and the case-law cited, and Case C‑343/08 Commission v Czech Republic [2010] ECR I‑0000, paragraph 26). | 1 |
9,497 | 21. The purpose of a company, trade or shop name is not, of itself, to distinguish goods or services (see, to that effect, Case C-23/01 Robelco [2002] ECR I‑10913, paragraph 34, and Anheuser‑Busch , paragraph 64). The purpose of a company name is to identify a company, whereas the purpose of a trade name or a shop name is to designate a business which is being carried on. a ccordingly, where the use of a company name, trade name or shop name is limited to identifying a company or designating a business which is being carried on, such use cannot be considered as being ‘in relation to goods or services’ within the meaning of Article 5(1) of the directive. | 281. That limit is therefore one which is uniformly applicable to all undertakings and arrived at according to the size of each of them and seeks to ensure that the fines are not excessive or disproportionate. | 0 |
9,498 | 112 In reaching that conclusion, the Court found that the sectoral pension funds in question in the cases mentioned in the paragraph above themselves determined the amount of the contributions and benefits, that they operated in accordance with the principle of capitalisation and that, by contrast with the benefits provided by bodies charged with the management of compulsory social security schemes of the kind in point in Poucet and Pistre, the amount of benefits provided by the funds depended on the performance of the investments which they made and in respect of which they were subject, like an insurance company, to supervision by the Insurance Board. Furthermore, the fact that a sectoral pension fund was in certain circumstances required or empowered to exempt undertakings from membership meant that it was carrying on an economic activity in competition with insurance companies (see Albany, paragraphs 81 to 84, Brentjens', paragraphs 81 to 84, and Drijvende Bokken, paragraphs 71 to 74). | 29. However, and even if, in contrast to the legislation at issue in the proceedings which gave rise to the judgment in Rosengren and Others , the prohibition at issue in the main proceedings does not affect private individuals but rather the licensees under the monopoly in question, namely the tobacco retailers, such a prohibition is separable from the operation of the monopoly as it relates not to the selling arrangements for retail sale of tobacco products on the Spanish territory but to the upstream market in those products. It does not aim to organise the monopoly’s system of product selection. Likewise, the prohibition does not target either the sale network of the monopoly in question or the marketing or advertising of the products distributed by the monopoly (see, by analogy, Rosengren and Others, paragraph 24). | 0 |
9,499 | 29. It must be observed that the plea that the General Court failed to rule on a plea relied on at first instance amounts essentially to relying on a breach of the obligation to state reasons which derives from Article 36 of the Statute of the Court of Justice of the European Union, applicable to the General Court of the European Union by virtue of the first paragraph of Article 53 of that Statute, and from Article 81 of the Rules of Procedure of the General Court (see, to that effect, Case C‑283/90 P Vidrányi v Commission [1991] ECR I‑4339, paragraph 29, and Case C‑197/99 P Belgium v Commission [2003] ECR I‑8461, paragraph 80 read in conjunction with paragraph 83). | Au nombre de ces indices, figure le fait que l’entreprise publique en question ne pouvait pas prendre la décision contestée sans tenir compte des exigences des pouvoirs publics ou des directives émanant du CIPE. D’autres indices permettant de conclure à une telle imputabilité sont également pertinents, tels que l’intégration de ladite entreprise publique dans les structures de l’administration publique, la nature de ses activités et l’exercice de celles-ci sur le marché dans des conditions normales de concurrence avec des opérateurs privés, le statut juridique de l’entreprise, l’intensité de la tutelle exercée par les autorités publiques sur la gestion de l’entreprise, ou tout autre indice traduisant, dans le cas concret, une implication des autorités publiques ou l’improbabilité d’une absence d’implication dans l’adoption d’une mesure, eu égard également à l’ampleur de celle-ci, à son contenu ou aux conditions qu’elle comporte (arrêt du 16 mai 2002, France/Commission, C‑482/99, EU:C:2002:294, points 55 et 56). | 0 |
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