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9,600 | 31. The content of those notes must therefore be in conformity with the provisions of the CN and may not alter the meaning of those provisions (see, inter alia, Case C‑280/97 ROSE Elektrotechnik [1999] ECR I‑689, paragraph 23; Case C‑42/99 Eru Portuguesa [2000] ECR I‑7691, paragraph 20; and Case C‑495/03 Intermodal Transports [2005] ECR I‑8151, paragraph 48). | 27 No new factor has emerged in these proceedings which might justify an assessment different from that made by the Court in the judgments in Punto Casa and PPV and B & Q. | 0 |
9,601 | 81
In this connection, it should also be borne in mind that whilst, as the Court has repeatedly stated, the Member States have a broad discretion when choosing the measures capable of achieving the aims of their social policy, the fact remains, however, that that discretion may not have the effect of undermining the rights granted to individuals by the Treaty provisions in which their fundamental freedoms are enshrined (see, to that effect, judgments of 11 January 2007, ITC , C‑208/05, EU:C:2007:16, paragraphs 39 and 40; of 18 January 2007, Confédération générale du travail and Others , C‑385/05, EU:C:2007:37, paragraphs 28 and 29; and of 13 December 2012, Caves Krier Frères , C‑379/11, EU:C:2012:798, paragraphs 51 and 52). | 77. The Commission adds that the second statement of objections makes it clear that TKS was assuming responsibility for Thyssen’s conduct before the latter’s activities were transferred on 1 January 1995, in the same way as it had accepted responsibility for action taken by Krupp. | 0 |
9,602 | 29. It cannot therefore be concluded, having regard to the text of the contested decisions, which must, in principle, if they are to satisfy the obligation to state reasons, indicate the legal basis on which they are founded (see, to that effect, judgment in Commission v Council , C‑370/07, EU:C:2009:590, paragraphs 39 and 55), that those decisions are based on Article 34 EU. | 44. Those objectives cannot, however, justify a measure that maintains definitively, if only for certain persons, the age-based difference in treatment which the reform of a discriminatory system, of which such a measure forms part, is designed to eliminate. Such a measure, even if it is capable of ensuring the protection of acquired rights and legitimate expectations with regard to civil servants favoured by the previous system, is not appropriate for the purpose of establishing a non-discriminatory system for civil servants who were disadvantaged by that previous system. | 0 |
9,603 | Consequently, point 4 of that notice states that it is in the European Union’s interest to grant favourable treatment to undertakings which cooperate with it. In addition, point 6 of that notice specifies that a decisive contribution to the opening of an investigation may justify the granting of immunity from fines to the undertaking applying for immunity (judgment of 14 March 2017, Evonik Degussa v Commission, C‑162/15 P, EU:C:2017:205, paragraph 90). | 57. That is because in such a situation the taxable person aids the perpetrators of the fraud and becomes their accomplice. | 0 |
9,604 | 69
Accordingly, that directive requires that the consumer have correct, neutral and objective information that does not mislead him (see, to that effect, judgment of 4 June 2015, Teekanne, C‑195/14, EU:C:2015:361, paragraph 32 and the case-law cited). | 27 In this connection, it is common ground that the Santoña marshes are one of the most important ecosystems in the Iberian peninsula for many aquatic birds. The marshes serve as a wintering area or staging post for many birds on their migrations from European countries to the southern latitudes of Africa and the Iberian peninsula itself. The birds observed in the area include various species that are becoming extinct, in particular the spoonbill, which feeds and rests in the Santoña marshes in the course of its migrations. Moreover, it emerged from the case file and at the hearing before the Court that the area in question is regularly visited by 19 of the species listed in Annex I to the directive and at least 14 species of migratory birds. | 0 |
9,605 | 48. As regards, next, the principle of effectiveness, it must be recalled that, from the point of view of the analysis required by the case-law cited at paragraph 38 above, the question whether a national procedural provision renders the exercise of an individual’s rights under the European Union legal order impossible in practice or excessively difficult must be assessed taking into consideration, as appropriate, the principles which lie at the basis of the national legal system concerned, such as the protection of the rights of the defence, the principle of legal certainty and the proper conduct of the proceedings (see inter alia, to that effect, Peterbroeck , paragraph 14, and Pontin , paragraph 47). | 20. For the reasons set out in points 48 and 56 of that Opinion, that condition is not fulfilled where promotional items are handed out as a reward for the purchase of other goods and to encourage the sale of the latter. | 0 |
9,606 | 49. As regards the assessment of a term that allows the supplier to alter unilaterally the charges for the service to be supplied, the Court has previously stated that it follows from Articles 3 and 5 of and points 1(j) and (l) and 2(b) and (d) of the annex to Directive 93/13 that it is of fundamental importance for that purpose, first, whether the contract sets out in transparent fashion the reason for and method of the variation of the charges for the service to be provided, so that the consumer can foresee, on the basis of clear, intelligible criteria, the alterations that may be made to those charges and, secondly, whether consumers have the right to terminate the contract if the charges are in fact altered (see, to that effect, Invitel , paragraphs 24, 26 and 28). | 27. Il convient de rappeler que, dans la mesure où le règlement n o 44/2001 remplace la convention de Bruxelles, l’interprétation fournie par la Cour en ce qui concerne les dispositions de cette convention vaut également pour celles dudit règlement, lorsque les dispositions de ces instruments peuvent être qualifiées d’équivalentes (arrêt du 4 mai 2010, TNT Express Nederland, C‑533/08, Rec. p. I‑4107, point 36 et jurisprudence citée). | 0 |
9,607 | 19 As the Court held in its judgment in Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele ([1978] ECR 25, paragraphs 23-25), only advantages which are granted directly or indirectly through State resources are to be regarded as State aid within the meaning of Article 92(1) of the EEC Treaty. The wording of this provision itself and the procedural rules laid down in Article 93 of the EEC Treaty show that advantages granted from resources other than those of the State do not fall within the scope of the provisions in question. The distinction between aid granted by the State and aid granted through State resources serves to bring within the definition of aid not only aid granted directly by the State, but also aid granted by public or private bodies designated or established by the State. | 47. It follows that the concept of employment conditions in clause 4(1) of the framework agreement covers a condition, such as the condition at issue in the main proceedings, relating to the taking into account, in the context of a selection procedure for internal promotion, of periods of service previously completed as an interim civil servant. | 0 |
9,608 | 27. Second, the Court has already ruled that the disadavantages which could arise from the parallel exercise of tax competences by different Member States, to the extent that such an exercise is not discriminatory, do not constitute restrictions prohibited by the EC Treaty (see, to that effect, Kerckhaert and Morres , paragraphs 19, 20 and 24, and Orange European Smallcap Fund , paragraphs 41, 42 and 47). | 32 The Court has already declared in the judgment in Case 143/78 De Cavel v De Cavel [1979] ECR 1055, at paragraph 8, that as provisional or protective measures may serve to safeguard a variety of rights, their inclusion in the scope of the Convention is determined not by their own nature but by the nature of the rights which they serve to protect. It added, in paragraph 9 of that judgment, that the provisions of Article 24 of the Convention cannot be relied upon to bring within the scope of the Convention provisional or protective measures relating to matters which are excluded therefrom. | 0 |
9,609 | 40
The fact that the resources concerned may be administered by entities that are distinct from the public authorities or that the source of those resources may be private is of no significance in that regard (see, to that effect, judgments of 2 July 1974, Italy v Commission, 173/73, EU:C:1974:71, paragraph 35, and of 8 May 2003, Italy and SIM 2 Multimedia v Commission, C‑328/99 and C‑399/00, EU:C:2003:252, paragraph 33). | 34. That provision consequently constitutes a restriction on the freedom of Swedish residents to receive, on the internet, services offered in other Member States. It also imposes, so far as providers of gambling services established in Member States other than the Kingdom of Sweden are concerned, a restriction on their freedom to provide services in the Kingdom of Sweden. | 0 |
9,610 | 29. Indeed, a person who has participated in certain preparatory works may be at an advantage when formulating his tender on account of the information concerning the public contract in question which he has received when carrying out that work. However, all tenderers must have equality of opportunity when formulating their tenders (see, to that effect, Case C-87/94 Commission v Belgium [1996] ECR I‑2043, paragraph 54). | 21. Under the common system of VAT, the Member States are required to ensure compliance with the obligations to which taxable persons are subject, and they enjoy in that respect a certain measure of latitude, inter alia, as to how they use the means at their disposal ( Commission v Italy , paragraph 38). | 0 |
9,611 | 17 The Court' s jurisdiction in the present case is not called into question by the terms of Article 180 of the Treaty, the specific provisions of which are not intended to provide an exhaustive list of the cases in which the Court has jurisdiction in actions concerning the Bank (Mills v EIB, paragraphs 16 and 17). | 44. However, the Court has held that a national court, when hearing a case between individuals, is required, when applying the provisions of domestic law, to consider the whole body of rules of national law and to interpret them, so far as possible, in the light of the wording and purpose of the directive in order to achieve an outcome consistent with the objective pursued by the directive (see, to that effect, Association de médiation sociale , paragraph 38 and the case-law cited). | 0 |
9,612 | 52. The Court has also ruled, by way of an interpretation given in the context of a dismissal but valid also in regard to the remuneration paid to a female worker, that, where pathological conditions caused by pregnancy or childbirth arise after the end of maternity leave, they are covered by the general rules applicable in the event of illness. The Court added that the sole question is whether a female worker’s absences, following maternity leave, caused by her incapacity for work brought on by such disorders, are treated in the same way as a male worker’s absences, of the same duration, caused by incapacity for work; if they are, there is no discrimination on grounds of sex ( Brown , paragraph 26). The Court thus acknowledged that a pathological condition linked to pregnancy or childbirth and arising after maternity leave may result in a reduction in remuneration under the same conditions as any other illness. | 26 However, where pathological conditions caused by pregnancy or childbirth arise after the end of maternity leave, they are covered by the general rules applicable in the event of illness (see, to that effect, Hertz, cited above, paragraphs 16 and 17). In such circumstances, the sole question is whether a female worker's absences, following maternity leave, caused by her incapacity for work brought on by such disorders, are treated in the same way as a male worker's absences, of the same duration, caused by incapacity for work; if they are, there is no discrimination on grounds of sex. | 1 |
9,613 | 39
The Court has, however, explained that the concept of ‘public security’ covers both the internal security of a Member State and its external security. Public security may thus be affected by a threat to the functioning of institutions and essential public services and the survival of the population, as well as by the risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk to military interests (see, inter alia, judgments of 23 November 2010, Tsakouridis, C‑145/09, EU:C:2010:708, paragraphs 43 and 44, and of 15 February 2016, N, C‑601/15 PPU, EU:C:2016:84, paragraph 66). | 66
So far as the concept of ‘public security’ is concerned, it is apparent from the Court’s case-law that this concept covers both the internal security of a Member State and its external security and that, consequently, a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or to peaceful coexistence of nations, or a risk to military interests, may affect public security (see, to that effect, judgment in Tsakouridis, C‑145/09, EU:C:2010:708, paragraphs 43 and 44). | 1 |
9,614 | 25. It should be recalled, at the outset, that according to the settled case‑law of the Court, in interpreting a provision of Community law it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the legislation of which it is part (see Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case C‑223/98 Adidas [1999] ECR I‑7081, paragraph 23; Case C‑17/03 VEMW and Others [2005] ECR I‑4983, paragraph 41; and Case C‑199/08 Eschig [2009] ECR I‑0000, paragraph 38). | 40. It is therefore clear from Article 2(d) and (h) and from Article 11(1)(a) that the Member States must grant the tax advantages provided for by the Directive in respect of the exchanges of shares referred to in Article 2(d) unless those operations have as their principal objective or as one of their principal objectives tax evasion or tax avoidance. In this regard, the Member States may stipulate that the fact that those operations were not carried out for valid commercial reasons constitutes a presumption of tax evasion or tax avoidance. | 0 |
9,615 | 34. Pour ce qui est du principe d’effectivité, il convient de rappeler que la Cour a déjà jugé que chaque cas où se pose la question de savoir si une disposition procédurale nationale rend impossible ou excessivement difficile l’application du droit de l’Union doit être analysé en tenant compte de la place de cette disposition dans l’ensemble de la procédure, de son déroulement et de ses particularités, devant les diverses instances nationales. Dans cette perspective, il y a lieu de prendre en considération, s’il échet, les principes qui sont à la base du système juridictionnel national, tels que la protection des droits de la défense, le principe de sécurité juridique et le bon déroulement de la procédure (voir, en ce sens, arrêts du 6 octobre 2009, Asturcom Telecomunicaciones, C‑40/08, Rec. p. I‑9579, point 39 et jurisprudence citée, ainsi que Aziz, précité, point 53). | 12 THESE CIRCUMSTANCES , WHICH HAVE BEEN MENTIONED IN THE RECITALS IN THE PREAMBLE TO THE DISPUTED DECISION AND WHICH THE APPLICANT HAS NOT CHALLENGED , JUSTIFY THE COMMISSION ' S DECIDING THAT THE PROPOSED AID WOULD BE LIKELY TO AFFECT TRADE BETWEEN MEMBER STATES AND WOULD THREATEN TO DISTORT COMPETITION BETWEEN UNDERTAKINGS ESTABLISHED IN DIFFERENT MEMBER STATES .
| 0 |
9,616 | 50
Moreover, with regard to judicial review of the conditions referred to in the previous paragraph, it must also be borne in mind that the EU legislature must be allowed a broad discretion when it is called upon to legislate in an area which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. The lawfulness of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate in relation to the objective which the competent institutions are seeking to pursue (see, to that effect, in the sphere of the protection of health, judgments of 14 December 2004, Swedish Match, C‑210/03, EU:C:2004:802, paragraph 48, and of 12 July 2005, Alliance for Natural Health and Others, C‑154/04 and C‑155/04, EU:C:2005:449, paragraph 52; see also, to that effect, with regard to EU environmental policy, judgments of 15 December 2005, Greece v Commission, C‑86/03, EU:C:2005:769, paragraphs 87 and 88, and of 21 December 2016, Associazione Italia Nostra Onlus, C‑444/15, EU:C:2016:978, paragraph 46). | 43. Selon la jurisprudence de la Cour, l’interdiction de telles mesures édictée à l’article 28 CE vise toute réglementation des États membres susceptible d’entraver directement ou indirectement, actuellement ou potentiellement, le commerce intracommunautaire (voir en ce sens, notamment, arrêts du 16 novembre 2000, Commission/Belgique, C-217/99, Rec. p. I-10251, point 16; du 26 octobre 2006, Commission/Grèce, C-65/05, Rec. p. I-10341, point 27, et Commission/Finlande, précité, point 30). Ainsi, le seul fait d’être dissuadé d’introduire ou de commercialiser les produits en question dans l’État membre concerné constitue, pour l’importateur, une entrave à la libre circulation des marchandises (voir, en ce sens, arrêts Commission/Belgique, précité, point 18, et du 7 juin 2007, Commission/Belgique, C-254/05, Rec. p. I-4269, point 30). | 0 |
9,617 | 52. It is clear both from the purpose of Directive 89/391 (encouraging the improvement of the health and safety of workers at work) and from the wording of Article 2(1) thereof that the directive must be taken to be broad in scope. It follows that the exclusions from its scope provided for in the first subparagraph of Article 2(2) must be interpreted restrictively (see the judgment in Simap , paragraphs 34 and 35, and the order of 3 July 2001 in Case C-241/99 CIG [2001] ECR I-5139, paragraph 29). | 48
It should also be recalled that, in setting the amount of fines, regard must be had to the duration of the infringement and to all the factors capable of affecting the assessment of the gravity of that infringement (judgments of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 240, and of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraph 98). | 0 |
9,618 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraphs 56 to 82, and of 4 September 2014, Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraphs 56 to 82). | 58. As was stated in paragraph 3 above, the original version of that regulation was amended, inter alia, by Regulation No 1265/1999, which replaced the text of Article H of Annex II with the text cited in paragraph 5 above, of which the first subparagraph of paragraph 2 is the subject of this dispute. That amendment was made on the basis of Article 16(1) of Regulation No 1164/94 in its original version, according to which the Council of the European Union, acting on a proposal from the Commission in accordance with the procedure laid down in Article 130d EC, must re-examine that regulation before the end of 1999. | 1 |
9,619 | 59
In those circumstances, the answer to the first and second questions referred is that Article 4 of, and Annex II to, Decision 2013/448, laying down the correction factor, are invalid (judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraph 99). | 19 According to the terms of the transaction which involves the initial purchase of the voucher, that voucher, by its nature, is no more than a document evidencing the obligation assumed by Argos to accept the voucher, instead of money, at its face value (see, to that effect, Boots Company, cited above, paragraph 21). | 0 |
9,620 | 13 It should therefore be considered whether the products in question have the objective characteristics and properties defined in heading 3004 of the CCT which, as the Court held in Case C-177/91 Bioforce [1993] ECR I-45, paragraph 9, must be interpreted in the light of medical developments. | 71. It follows from the case‑law (see, in particular, Dansk Rørindustri and Others v Commission , paragraphs 240 to 242) that, whereas the basic amount of the fine is set according to the infringement, its gravity is determined by reference to numerous other factors, in respect of which the Commission has a wide discretion. To take into account aggravating circumstances when setting the fine is consistent with the Commission’s task of ensuring compliance with the competition rules. | 0 |
9,621 | 78. This ground of challenge, which is intended to reopen the question of whether the error made was excusable, must be rejected at the outset, since it is directed against grounds of the order included merely for the sake of completeness and cannot provide any basis for setting the order aside (see, to that effect, Aéroports de Paris v Commission , C‑82/01 P, EU:C:2002:617, paragraphs 41 and 67 and the case-law cited). In fact, the General Court rightly considered, for the reasons already mentioned in paragraph 75 of this judgment, that pleading excusable error served no purpose in the present case. | 64 On the other hand, the mere fact that there are certain differences of form or content cannot justify the keeping of two sets of documents, one of which conforms to the rules of the Member State of establishment and the other to those of the host Member State, if the information provided, as a whole, by the documents required under the rules of the Member State of establishment is adequate to enable the controls needed in the host Member State to be carried out. | 0 |
9,622 | 40. It should be noted in this regard that, since European Union law, as it currently stands, does not lay down any general criteria for the attribution of areas of competence between the Member States in relation to the elimination of double taxation within the European Union (Case C‑513/04 Kerckhaert and Morres [2006] ECR I‑10967, paragraph 22, and Case C‑157/10 Banco Bilbao Vizcaya Argentaria [2011] ECR I‑13023, paragraph 31 and the case‑law cited), each Member State remains free to organise its system for taxing distributed profits, provided, however, that the system in question does not entail discrimination prohibited by the FEU Treaty. An obligation on the Member State where the company receiving dividends resides to exempt foreign-sourced dividends from corporation tax would affect the competence of the Member State concerned to tax, in compliance with the principle of non-discrimination, the profits thereby distributed at the rate prescribed by its own legislation. | 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). | 0 |
9,623 | 46. As stated in paragraph 38 above, it is for the Commission to prove that the rules of the common organisation of the agricultural markets have been infringed (see also to that effect Case C-281/89 Italy v Commission [1991] ECR I-347, paragraph 19, and Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,624 | 45. National courts before which an action against such a national measure has been brought are also under such an obligation, and, in that regard, it should be recalled that the detailed procedural rules applicable to such actions which may be brought against such ‘plans’ or ‘programmes’ are a matter for the domestic legal order of each Member State, under the principle of procedural autonomy of the Member States, provided that they are not less favourable than those governing similar domestic situations (principle of equivalence) and that they do not render impossible in practice or excessively difficult the exercise of rights conferred by the European Union legal order (principle of effectiveness) (see Wells , paragraph 67 and the case‑law cited). | 37 It must also be pointed out that, in this particular instance, the Federal Supervisory Board exercises a judicial function, for it can find that a determination made by a review body is unlawful and it can direct the review body to make a fresh determination. | 0 |
9,625 | 138. In that regard, where, instead of disallowing all the expenditure affected by the infringement, the Commission has endeavoured to establish rules for treating irregularities differently depending on the extent of the shortcomings in the checks and the degree of risk to the EAGGF, it is for the Member State to show that those criteria are arbitrary and unfair (see, to that effect, Case C‑242/96 Italy v Commission [1998] ECR I‑5863, paragraph 75; and see also Case C‑28/94 Netherlands v Commission [1999] ECR I‑1973, paragraph 56; and Case C‑130/99 Spain v Commission [2002] ECR I‑3005, paragraph 44). | 57. However, those two exceptions were justified solely by the particularities of the agreements that led to their application. | 0 |
9,626 | 70 Next, it should be borne in mind that, under the Court's case-law, a Member State whose controls carried out in the context of the application of the rules for the functioning of the guarantee section of the EAGGF have been considered by the Commission to be non-existent or insufficient cannot rebut the Commission's findings without supporting its own allegations by evidence of a reliable and operational supervisory system (Case C-253/97 Italy v Commission, cited above, paragraph 7). | 62. It follows that the Community judicature is empowered to exercise its unlimited jurisdiction where the question of the amount of the fine is before it and that that jurisdiction may be exercised to reduce that amount as well as to increase it. | 0 |
9,627 | 18 In this connection, it must be observed that it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in that State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-60/96 Commission v France [1997] ECR I-3827, at paragraph 15 and Case C-3/96 Commission v Netherlands [1998] ECR I-3031, at paragraph 36). | 48 S'agissant de l'argument selon lequel il serait contraire à l'équité de contraindre les exportateurs à rembourser les restitutions à l'exportation perçues à l'avance, il y a lieu de considérer que l'équité ne permet pas de déroger à l'application des dispositions communautaires hors les cas prévus par la réglementation ou dans l'hypothèse où la réglementation elle-même serait déclarée invalide. | 0 |
9,628 | 58. As A and the Commission pointed out, with regard to national legislation restricting the exercise of one of the freedoms of movement guaranteed by the Treaty, the Court has held that a Member State cannot rely on the fact that it may be impossible to seek cooperation from another Member State in conducting inquiries or collecting information in order to justify a refusal to grant a tax advantage. Indeed, even if it proves difficult to verify the information provided by the taxpayer, in particular due to the limited nature of the exchange of information provided for by Article 8 of Directive 77/799, there is no reason why the tax authorities concerned should not request from the taxpayer the evidence that they consider they need to effect a correct assessment of the taxes and duties concerned and, where appropriate, refuse the exemption applied for if that evide nce is not supplied (see, to that effect, Case C-204/90 Bachmann [1992] ECR I-249, paragraph 20; Case C‑150/04 Commission v Denmark [2007] ECR I‑1163, paragraph 54; and Case C-451/05 ELISA [2007] ECR I-0000, paragraphs 94 and 95). | 131 A comparison between that definition of agreement and the definition of a concerted practice dealt with in paragraphs 118 to 125 of this judgment shows that, from the subjective point of view, they are intended to catch forms of collusion having the same nature and are only distinguishable from each other by their intensity and the forms in which they manifest themselves. | 0 |
9,629 | 25 The Court has thus held that the right conferred upon the trade mark owner to oppose any use of the trade mark which is liable to impair the guarantee of origin, as so understood, forms part of the specific subject-matter of the trade mark right, the protection of which may justify derogation from the fundamental principle of the free movement of goods (Hoffmann-La Roche, paragraph 7, Case 1/81 Pfizer v Eurim-Pharm [1981] ECR 2913, paragraph 9, and Bristol-Myers Squibb, paragraph 48). | 13 The aim of the first indent of Article 6(1) of Decision No 1/80 is to ensure solely continuity of employment with the same employer and is, accordingly, applicable only where a Turkish worker requests an extension of his work permit in order to continue working for the same employer after the initial period of one year' s legal employment. | 0 |
9,630 | 58. It is clear from the Court’s case-law that the principle of equal treatment, of which Article 49 EC embodies a specific instance, prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead in fact to the same result (see, inter alia, Case C-3/88 Commission v Italy [1989] ECR 4035, paragraph 8; Case C-388/01 Commission v Italy [2003] ECR I-721, paragraph 13; Case C‑28/04 Tod’s and Tod’s France [2005] ECR I-5781, paragraph 19; and Case C-147/03 Commission v Austria [2005] ECR I-5969, paragraph 41). | 50. It must therefore be held that, by maintaining in force the provisions limiting the possibility of acquiring voting shares in BAA as well as the procedure requiring consent to the disposal of the company's assets, to control of its subsidiaries and to winding-up, the United Kingdom has failed to fulfil its obligations under Article 56 EC.
Article 43 EC | 0 |
9,631 | 66. In addition, it is clear that the findings made in paragraphs 60 to 65 of this judgment are compatible with, first, the principle of proportionality and, second, the principle of personal responsibility and the principle that penalties must be specific to the individual, as stated in the case-law of the Court (the judgment in Britannia Alloys & Chemicals v Commission , C‑76/06 P, EU:C:2007:326, paragraph 24, as regards the principle of proportionality; the judgments in General Química and Others v Commission , C‑90/09 P, EU:C:2011:21, paragraphs 34 to 36; and ThyssenKrupp Nirosta v Commission , C‑352/09 P, EU:C:2011:191, paragraph 143, as regards the principle of personal responsibility and the principle that penalties must be specific to the individual). | 10 Under international law, it is for each Member State, having due regard to Community law, to lay down the conditions for the acquisition and loss of nationality. However, it is not permissible for the legislation of a Member State to restrict the effects of the grant of the nationality of another Member State by imposing an additional condition for recognition of that nationality with a view to the exercise of the fundamental freedoms provided for in the Treaty. | 0 |
9,632 | 26
The question whether the grounds of a judgment of the General Court are contradictory or inadequate is a question of law which is amenable, as such, to judicial review on appeal (see, inter alia, judgment of 19 December 2012 in Planet v Commission, C‑314/11 P, EU:C:2012:823, paragraph 63). | 23. In accordance with Article 4(2) of the Directive, the assessment of the unfair nature of terms is to relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as those terms are in plain and intelligible language. However, this exclusion cannot apply to a term relating to a mechanism for amending the prices of the services provided to the consumer. | 0 |
9,633 | 39. In order to be described in those terms, the temporary supply of teachers, such as that at issue in the main proceedings, should be of a nature and quality such that, without recourse to such a service, there could be no assurance that the education provided by the host establishments and, consequently, the education from which their students benefit, would have an equivalent value (see, by analogy, Stichting Kinderopvang Enschede , paragraphs 27, 28 and 30). | 50. À cet égard, il convient de rappeler que le principe d’égalité de traitement ou de non-discrimination exige que des situations comparables ne soient pas traitées de manière différente et que des situations différentes ne soient pas traitées de manière égale, à moins qu’un tel traitement ne soit objectivement justifié (arrêts du 10 janvier 2006, IATA et ELFAA, C‑344/04, Rec. p. I‑403, point 95, et du 11 septembre 2007, Lindorfer/Conseil, C‑227/04 P, Rec. p. I‑6767, point 63). | 0 |
9,634 | 15. À cet égard, il convient de rappeler que l’intérêt à agir d’un requérant doit, au vu de l’objet du recours, exister au stade de l’introduction de celui-ci, sous peine d’irrecevabilité, et perdurer jusqu’au prononcé de la décision juridictionnelle, sous peine de non-lieu à statuer, ce qui suppose que le recours soit susceptible, par son résultat, de procurer un bénéfice à la partie qui l’a intenté (voir arrêt du 7 juin 2007, Wunenburger/Commission, C‑362/05 P, Rec. p. I-4333, point 42, ainsi que du 28 mai 2013, Abdulrahim/Conseil et Commission, C‑239/12 P, non encore publié au Recueil, point 61). | 22. Therefore, Article 34(2) of Regulation No 44/2001 must be interpreted in the light of the objectives and the scheme of that regulation. | 0 |
9,635 | 53. Therefore, where abuse of successive fixed-term contracts has taken place, a measure offering effective and equivalent guarantees for the protection of workers must be capable of being applied in order duly to punish that abuse and nullify the consequences of the breach of Community law. According to the very wording of the first paragraph of Article 2 of Directive 1999/70, the Member States must ‘take any necessary measures to enable them at any time to be in a position to guarantee the results imposed by [the] directive’ ( Adeneler and Others , paragraph 102). | 85. En effet, les différentes dispositions des actes litigieux prévoyant le gel des fonds sont rédigées de manière générale («participant, étant directement associés ou apportant un appui […]»), sans référence à des comportements préalables à une décision de gel des fonds. Il en résulte que, même lorsqu’elles visent une entité déterminée, la référence à une finalité générale telle que révélée par les statuts de cette entité peut suffire à justifier l’adoption de mesures restrictives. | 0 |
9,636 | 30 Article 49 EC likewise precludes the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State (Commission v France, cited above, paragraph 17). | 17 In the perspective of a single market and in order to permit the realization of its objectives, that freedom likewise precludes the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State. | 1 |
9,637 | 39. In that regard, it should be remembered that an action for annulment must be available in the case of all measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects (judgments in Commission v Council (‘ ERTA ’), 22/70, EU:C:1971:32, paragraph 42; Parliament v Council and Commission , C‑181/91 and C‑248/91, EU:C:1993:271, paragraph 13; and Commission v Council , C‑27/04, EU:C:2004:436, paragraph 44). | 32. Thus, as the title which Article 13A of the Sixth Directive carries, the exemptions provided for in that Article are intended to encourage certain activities in the public interest. | 0 |
9,638 | 36. In that regard, as follows from the case-law cited in paragraph 29 of this judgment, it is, in the present case, incumbent upon the Commission to place before the Court the information needed to enable the Court to establish that a public contract has been awarded, and in so doing the Commission may not rely on any presumption in that regard. | 34 It follows that the issue of a driving licence by a Member State in exchange for a licence issued by another Member State does not constitute the basis of the right to drive a motor vehicle in the territory of the host State, which is directly conferred by Community law, but evidence of the existence of such a right. | 0 |
9,639 | 98. As regards, in the second place, national provisions such as those of the amending Law of 2012, the Court has already held that a national measure which restricts the organisation of certain games of chance to casinos only constitutes a ‘technical regulation’, within the meaning of Article 1(11) of the directive, in so far as it can significantly influence the nature or the marketing of the products used in that context (see, to that effect, judgments in Commission v Greece , C‑65/05, EU:C:2006:673, paragraph 61, and Fortuna and Others , Joined Cases C‑213/11, C‑214/11 and C‑217/11, EU:C:2012:495, paragraphs 24 and 40). | 82 Accordingly, by contrast with the benefits provided by organisations charged with the management of compulsory social security schemes of the kind referred to in Poucet and Pistre, cited above, the amount of the benefits provided by the Fund depends on the financial results of the investments made by it, in respect of which it is subject, like an insurance company, to supervision by the Insurance Board. | 0 |
9,640 | À plus forte raison, ainsi qu’il découle également d’une jurisprudence constante de la Cour, le Tribunal ne saurait, en principe, être tenu de répondre aux moyens et aux arguments qui n’ont pas été soulevés, ou qui ne l’ont pas été d’une manière suffisamment claire et précise, dans la requête introductive d’instance (voir en ce sens, notamment, arrêts du 6 mars 2001, Connolly/Commission, C‑274/99 P, EU:C:2001:127, point 121 ; du 20 mars 2014, Rousse Industry/Commission, C‑271/13 P, non publié, EU:C:2014:175, points 17 à 19, ainsi que du 26 janvier 2017, Masco e.a./Commission, C‑614/13 P, EU:C:2017:63, point 28). | 48. That interpretation is, moreover, confirmed by recital 15 in the preamble to Directive 97/67, from which it is apparent that the option to negotiate contracts with customers individually does not correspond, in principle, with the concept of universal service provision. | 0 |
9,641 | 72. The system of administrative cooperation put in place by Protocol 4 can, however, function only if the customs authorities of the State of import accept the determinations legally made by the authorities of the State of export (see Sfakianakis , paragraph 23). | 65. Il y a lieu de rappeler que la Cour a déjà admis que la nécessité de préserver la cohérence d’un régime fiscal peut justifier une restriction à l’exercice des libertés de circulation garanties par le traité (arrêts du 28 janvier 1992, Bachmann, C‑204/90, Rec. p. I‑249, point 21; du 7 septembre 2004, Manninen, C‑319/02, Rec. p. I‑7477, point 42; Krankenheim Ruhesitz am Wannsee-Seniorenheimstatt, précité, point 43; du 1 er décembre 2011, Commission/Belgique, C‑250/08, Rec; p. I‑12341, point 70; du 1 er décembre 2011, Commission/Hongrie, C‑253/09, Rec. p. I‑12391, point 71, ainsi que du 13 novembre 2012, Test Claimants in the FII Group Litigation, C‑35/11, point 57). | 0 |
9,642 | 42. In LG’s submission, rail transport is in a competitive position vis-à-vis road transport, and there is no objective criterion justifying there being a distinction being drawn between the different categories of land vehicles. LG states in that regard that infringement of the general principle of equal treatment may be established, in matters relating to tax, by other kinds of discrimination which affect traders who are not necessarily in competition with each other but who are nevertheless in a similar situation in other respects (Case C-309/06 Marks & Spencer [2008] ECR I-2283, paragraph 49). | 29. It follows from the preceding considerations that the national court is asking, in essence, by the question referred, whether the first subparagraph of Article 23(1) of Regulation No 4253/88 is to be interpreted as meaning that, in the context of an action programme financed by the EAGGF, a Member State which has granted financial assistance from the EAGGF can revoke that assistance and require partial repayment thereof from the final beneficiaries or whether Article 24 of that regulation precludes such measures.
Observations submitted to the Court | 0 |
9,643 | 47. The Court has, on many occasions, held that effectiveness of fiscal supervision constitutes an overriding requirement of general interest capable of justifying a restriction on the exercise of the fundamental freedoms guaranteed by the Treaty (see, inter alia, Case 120/78 Rewe-Zentral (‘ Cassis de Dijon ’) [1979] ECR 649, paragraph 8, and Case C-250/95 Futura Participations and Singer [1997] ECR I‑2471, paragraph 31). | 30. As the Commission has observed, it is apparent from the wording of heading 1209 (‘Seeds, fruits and spores, of a kind used for sowing’) that this heading relates only to plant matter having the ability to germinate and create a new plant. By contrast, heading 1212, which covers, inter alia, ‘fruit stones and kernels and other vegetable products …, of a kind used primarily for human consumption, not elsewhere specified or included’, is a residual category covering plant seeds which are intended, not to be sown, but for human consumption. | 0 |
9,644 | 47. By contrast, it is incompatible with the rules governing the right to deduct under that directive, as noted in paragraphs 37 to 40 of the present judgment, to impose a penalty, in the form of refusing that right to a taxable person who did not know, and could not have known, that the transaction concerned was connected with fraud committed by the supplier, or that another transaction forming part of the chain of supply prior or subsequent to that transaction carried out by the taxable person was vitiated by VAT fraud (see, to that effect, Optigen and Others , paragraphs 52 and 55, and Kittel and Recolta Recycling , paragraphs 45, 46 and 60). | 96. That obligation is also apparent from the Association Agreement itself and from the many decisions adopted in respect of its implementation. Thus, Article 7 of that agreement, in conjunction with Article 211 EC, requires that the Commission take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from that agreement. | 0 |
9,645 | 74. Such overriding reasons recognised by the Court include: environmental protection (see, inter alia, Case C‑384/08 Attanasio Group [2010] ECR I‑0000, paragraph 50 and the case-law cited); town and country planning (see, by analogy, Case C‑567/07 Woningstichting Sint Servatius [2009] ECR I‑9021, paragraph 29 and the case-law cited); and consumer protection (see, inter alia, Case C‑260/04 Commission v Italy [2007] ECR I‑7083, paragraph 27 and the case-law cited). On the other hand, purely economic objectives cannot constitute an overriding reason in the public interest (see, to that effect, inter alia, Case C‑96/08 CIBA [2010] ECR I‑0000, paragraph 48 and the case-law cited). | 26. Similarly, whether benefits are obtained or not in return is irrelevant for the purposes of the application of Regulation No 1408/71 as the decisive criterion is that of the specific allocation of a contribution to the funding of the social security scheme of a Member State (see, to that effect, judgments in Commission v France , EU:C:2000:84, paragraphs 39 and 40, and Commission v France , EU:C:2000:85, paragraphs 37 and 38). | 0 |
9,646 | 25. It is settled case‑law that the exemptions referred to in Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see, in particular, see Case C-349/96 CPP [1999] ECR I‑973, paragraph 15; Case C‑434/05 Horizon College [2007] ECR I‑4793, paragraph 15; and C‑242/08 Swiss Re Germany [2009] ECR I-0000, paragraph 33). | 35. En second lieu, l’article 1 er , paragraphe 1, de la décision litigieuse a pour objet exclusivement de déclarer l’incompatibilité avec le marché commun du régime en cause. Il ne définit pas les conséquences spécifiques que cette déclaration a pour chacun des contribuables, conséquences qui se matérialiseront dans des actes administratifs tels qu’un avis d’imposition, lequel constitue en tant que tel une mesure d’exécution que l’article 1 er , paragraphe 1, de la décision litigieuse «comporte» au sens de l’article 263, quatrième alinéa, dernier membre de phrase, TFUE. | 0 |
9,647 | 37. With regard to Article 12 EC, of which an interpretation is also requested by the referring court and which enshrines the general principle of non-discrimination on grounds of nationality, it must be recalled that that provision applies independently only to situations governed by Community law for which the Treaty lays down no specific rules of non-discrimination (see Case C‑40/05 Lyyski [2007] ECR I‑99, paragraph 33 and the case-law cited). | 50. In the light of the foregoing, it must be found that point 3 of Annex III to Directive 2006/112 permits a reduced rate of VAT to be applied to medicinal substances only if they are likely to be used directly by final consumers for health care, prevention of illnesses and as treatment for medical and veterinary purposes. | 0 |
9,648 | 50
However, according to settled case-law, the general principle of EU law of respect for the rights of the defence is not an unfettered prerogative but may be restricted, provided that the restrictions in fact correspond to objectives of public interest pursued by the measure in question and do not constitute, 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, judgments of 3 July 2014, Kamino International Logistics and Datema Hellmann Worldwide Logistics, C‑129/13 and C‑130/13, EU:C:2014:2041, paragraph 42, and of 9 November 2017, Ispas, C‑298/16, EU:C:2017:843, paragraph 35). | 54. That interpretation is also valid in relation to Article 44 of the VAT Directive. | 0 |
9,649 | 46. As the Court has repeatedly held, the aim of Articles 45 TFEU and 48 TFEU would not be achieved if, as a consequence of the exercise of their right to freedom of movement, migrant workers were to lose the social security advantages afforded them by the legislation of one Member State, especially where those advantages represent the counterpart of contributions which they have paid (see, inter alia, case 24/75 Petroni [1975] ECR 1149, paragraph 13, and da Silva Martins , paragraph 74 and the case‑law cited). | 33. Since, in its action before the Court of First Instance, British Sugar did not raise any plea that the Commission’s definition of the market was irregular, nor, more precisely, that its analysis of the retail sugar sub-market was irregular, the Court finds that this argument is based on new factors which were not put forward at first instance. Therefore, under Article 113(2) of the Rules of Procedure, they are inadmissible in the context of this appeal (see Case C-450/98 P IECC v Commission [2001] ECR I-3947, paragraph 36). | 0 |
9,650 | 22. In view of the nature of the analysis to be carried out, it is for the national court to classify the activity at issue in the main proceedings in the light of the criterion adopted above ( Comune di Carpaneto Piacentino and Others , cited above, paragraph 16; Case C-4/89 Comune di Carpaneto Piacentino and Others [1990] ECR I‑1869, paragraph 11; and Fazenda Pública , paragraph 23). | 44. As paragraphs 62 to 68 of the judgment in Case C‑275/06 Promusicae [2008] ECR I‑271 make clear, the protection of the fundamental right to property, which includes the rights linked to intellectual property, must be balanced against the protection of other fundamental rights. | 0 |
9,651 | 66
The Court also stated that that concept also referred to subsequent proceedings at the end of which a judicial decision that finally amended the level of one or several previous sentences was handed down, in so far as the authority which adopted the latter decision enjoyed some discretion in that regard (see, to that effect, judgment of 10 August 2017, Zdziaszek, C‑271/17 PPU, EU:C:2017:629, paragraphs 83, 90 and 96). | 18 By requiring the Member States to protect biotechnological inventions by means of their national patent law, the Directive in fact aims to prevent damage to the unity of the internal market which might result from the Member States' deciding unilaterally to grant or refuse such protection. | 0 |
9,652 | 68. By providing that the resident company is to be taxed in respect of an unusual or gratuitous advantage which it has granted to a company established in another Member State, the legislation at issue in the main proceedings is able to prevent such practices, liable to be encouraged by the finding of significant disparities between the bases of assessment or rates of tax applied in the various Member States and designed only to avoid the tax normally due in the Member State in which the company granting the advantage has its seat (see, to that effect, Oy AA , paragraph 59). | 40. Consequently, national legislation, such as that at issue in the main proceedings, cannot be regarded as being appropriate for the purpose of securing the attainment of the objective of public health and constitutes an unjustified restriction for the purposes of Article 43 EC and 49 EC. | 0 |
9,653 | 35. As regards the conditions which must be satisfied by the Union citizen, it must be observed that, in relation to Article 16(1) of Directive 2004/38, the Court has held, after an examination of the aims of that directive and its overall and specific context, that the concept of legal residence implied by the words ‘have resided legally’ in Article 16(1) of Directive 2004/38 should be construed as meaning a period of residence which complies with the conditions laid down in that directive, in particular those set out in Article 7(1) thereof, and consequently a period of residence which complies with the law of a Member State but does not satisfy the conditions laid down in Article 7(1) of Directive 2004/38 cannot be regarded as ‘legal’ residence within the meaning of Article 16(1) (Joined Cases C‑424/10 and C‑425/10 Ziolkowski and Szeja [2011] ECR I‑0000, paragraphs 46 and 47). | 141 IT WAS IN FACT THE APPLICANT UNDERTAKING WHICH BROUGHT THE CONCERTED PRACTICE INTO BEING WITHIN THE COMMON MARKET . | 0 |
9,654 | 58. Il convient de rappeler, à cet égard, que la protection de l’environnement constitue l’un des objectifs essentiels de la Communauté (voir arrêts du 7 février 1985, ADBHU, 240/83, Rec. p. 531, point 13; du 20 septembre 1988, Commission/Danemark, 302/86, Rec. p. 4607, point 8; du 2 avril 1998, Outokumpu, C‑213/96, Rec. p. I‑1777, point 32, et du 13 septembre 2005, Commission/Conseil, C‑176/03, Rec. p. I‑7879, point 41). En ce sens, l’article 2 CE énonce que la Communauté a notamment pour mission de promouvoir un «niveau élevé de protection et d’amélioration de la qualité de l’environnement» et, à cette fin, l’article 3, paragraphe 1, sous l), CE prévoit la mise en place d’une «politique dans le domaine de l’environnement». | 13 THERE IS NO REASON TO CONCLUDE THAT THE DIRECTIVE HAS EXCEEDED THOSE LIMITS . THE DIRECTIVE MUST BE SEEN IN THE PERSPECTIVE OF ENVIRONMENTAL PROTECTION , WHICH IS ONE OF THE COMMUNITY ' S ESSENTIAL OBJECTIVES . IT IS EVIDENT , PARTICULARLY FROM THE THIRD AND SEVENTH RECITALS IN THE PREAMBLE TO THE DIRECTIVE , THAT ANY LEGISLATION DEALING WITH THE DISPOSAL OF WASTE OILS MUST BE DESIGNED TO PROTECT THE ENVIRONMENT FROM THE HARMFUL EFFECTS CAUSED BY THE DISCHARGE , DEPOSIT OR TREATMENT OF SUCH PRODUCTS . IT IS ALSO EVIDENT FROM THE PROVISIONS OF THE DIRECTIVE AS A WHOLE THAT CARE HAS BEEN TAKEN TO ENSURE THAT THE PRINCIPLES OF PROPORTIONALITY AND NON-DISCRIMINATION WILL BE OBSERVED IF CERTAIN RESTRICTIONS SHOULD PROVE NECESSARY . IN PARTICULAR , ARTICLE 5 OF THE DIRECTIVE PERMITS THE CREATION OF A SYSTEM OF ZONING ' WHERE THE AIMS DEFINED IN ARTICLES 2 , 3 AND 4 CANNOT OTHERWISE BE ACHIEVED ' .
| 1 |
9,655 | 51. Furthermore, although the first indent of the first paragraph of Article 7 of Decision No 1/80 requires, as a rule, that the member of the family of a Turkish worker must actually reside with that worker for the three years during which he fails himself to satisfy the conditions for access to the labour market in the host Member State (see Case C-351/95 Kadiman [1997] ECR I-2133, paragraph 33, 37, 40, 41 and 44; Case C-329/97 Ergat [2000] ECR I-1487, paragraphs 36 and 37; Case C-65/98 Eyüp [2000] ECR I-4747, paragraphs 28 and 29; and Cetinkaya , paragraph 30), the fact remains that Member States are no longer entitled to attach conditions to the residence of a member of a Turkish worker’s family after that three-year period; this must a fortiori be the case for a Turkish migrant who fulfils the conditions laid down in the second indent of the first paragraph of Article 7 (see Ergat , paragraphs 37 to 39; Cetinkaya , paragraph 30; and Aydinli , paragraph 24). | 32. Pour autant que le moyen tiré d’une violation du droit de pétition est couvert par ladite exception, il n’y a pas lieu de statuer sur celle-ci, dès lors que ledit moyen doit être rejeté comme n’étant pas fondé (voir, en ce sens, arrêt du 23 mars 2004, France/Commission, C-233/02, Rec. p. I-2759, point 26).
Sur le fond | 0 |
9,656 | 22. The subject-matter of an action brought under Article 226 EC is delimited by the pre-litigation procedure provided for by that provision (see Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 23, Case C-439/99 Commission v Italy [2002] ECR I-305, paragraph 11, and Case C-456/03 Commission v Italy [2005] ECR I-0000, paragraph 35). The application must therefore be founded on the same grounds and pleas as the reasoned opinion (see, inter alia, Case C-234/91 Commission v Denmark [1993] ECR I-6273, paragraph 16, and Case C-35/96 Commission v Italy [1998] ECR I-3851, paragraph 28). If a charge was not included in the reasoned opinion, it is inadmissible at the stage of proceedings before the Court (see Case C-439/99 Commission v Italy , paragraph 11). | 45 In addition, the risk of environmental pollution posed by unused leftover stone is not mitigated by the fact that its mineral composition is identical to the blocks of stone, inasmuch as that identity does not preclude the need for storage of the leftover material, which is an operation with an impact on the environment. | 0 |
9,657 | 38
The Court has made it clear that such a possible regularisation would have to be subject to the condition that it does not offer the persons concerned the opportunity to circumvent the rules of EU law or to dispense with their application, and that it should remain the exception (judgments of 3 July 2008, Commission v Ireland, C‑215/06, EU:C:2008:380, paragraph 57; of 15 January 2013, Križan and Others, C‑416/10, EU:C:2013:8, paragraph 87; and of 17 November 2016, Stadt WienerNeustadt, C‑348/15, EU:C:2016:882, paragraph 36). | 10. The purpose of the regulation, as the first recital in its preamble states, is to harmonize conditions of competition and to improve working conditions and road safety. | 0 |
9,658 | 36. In the light of the permanent and continuous nature of the planning and management services provided by Saudaçor, the fact that that compensation is determined not on the basis of individualised services but on a flat-rate and annual basis to cover the operating costs of that company is not in itself such as to affect the direct link between the supply of services made and the consideration received, the amount of which is determined in advance on the basis of well-established criteria (see, to that effect, judgment in Le Rayon d’Or , C‑151/13, EU:C:2014:185, paragraphs 36 and 37). | 21 IN THE LIGTH OF ALL THOSE FACTORS , THE CONCLUSION MUST THEREFORE BE DRAWN THAT IT DOES NOT APPEAR THAT THE COMMISSION , IN ASSESSING THE STATE OF THE MARKET , COMMITTED ANY SERIOUS AND MANIFEST ERROR SUCH AS MIGHT INVALIDATE REGULATION NO 3429/80 . | 0 |
9,659 | 50. In that context, the Court further held that account should also be taken of the risk of non-recovery of the tax, which increases with the passage of time, which may be taken into account by the Member State in question, in its national legislation applicable to deferred payment of tax liabilities (see, to that effect, National Grid Indus , C‑371/10, EU:C:2011:785, paragraph 74). | 66. The failure to review the whole of the contested decision of the Court’s own motion does not contravene the principle of effective judicial protection. Compliance with that principle does not require that the General Court – which is indeed obliged to respond to the pleas in law raised and to carry out a review of both the law and the facts – should be obliged to undertake of its own motion a new and comprehensive investigation of the file. | 0 |
9,660 | 24 In imposing a discriminatory nationality requirement, that administrative practice, like those legislative provisions, infringes Article 48(2) of the Treaty, Article 7(2) of Regulation No 1612/68 and Article 7 of Regulation No 1251/70. For the same reason, they also constitute an infringement of Article 52 of the Treaty and Article 7 of Directive 75/34 (Case C-111/91 Commission v Luxembourg [1993] ECR I-817, paragraph 17). | 95. In that regard, the tax authorities are entitled to demand, with retroactive effect, repayment of the amounts deducted in relation to each transaction whenever they find that the right to deduct has been exercised abusively ( Fini H , paragraph 33). | 0 |
9,661 | Il convient de rappeler, également, qu’il est de jurisprudence constante que les dispositions d’une directive doivent être mises en œuvre avec une force contraignante incontestable, avec la spécificité, la précision et la clarté requises, afin que soit satisfaite l’exigence de sécurité juridique (voir, notamment, arrêt du 30 juin 2016, Commission/Pologne, C‑648/13, EU:C:2016:490, point 78 et jurisprudence citée). | 43. However, where the reclamation of the heat generated by the combustion constitutes only a secondary effect of an operation whose principal objective is the disposal of waste, it cannot affect the classification of that operation as a disposal operation. | 0 |
9,662 | 34. Article 33 of the Sixth Directive does not, on the other hand, preclude the maintenance or introduction of a tax which does not display one of the essential characteristics of VAT ( Solisnor-Estaleiros Navais , paragraphs 19 and 20). | 16 As Community law stands, the provisions on patents have not yet been the subject of unification at Community level or in the context of approximation of laws. In that respect, it must be pointed out that, as stated above, the Community Patent Convention has not yet entered into force. | 0 |
9,663 | 26 In that connection, it is necessary to examine the nature and extent of all similar contracts which tie a large number of points of sale to various suppliers and to take into account, among the other factors pertaining to the economic and legal context of the agreement, factors relating to opportunities for access to the relevant market. In that regard, it is necessary to examine whether there are real concrete possibilities for a new competitor to enter the network of contracts. It is also necessary to take account of the conditions under which competitive forces operate on the relevant market (Delimitis, paragraphs 21 and 22). | 74. The broad and unambiguous wording of the provisions referred to in paragraphs 71 and 73 above confirms that Article 2(1)(b) of Regulation No 2580/2001 encompasses acts such as those referred to in Questions 2 and 3. | 0 |
9,664 | 46. By guaranteeing that a person covered by social insurance under the legislation of one Member State whose state of health makes medical services immediately necessary during a stay in another Member State, or who has been authorised by the competent institution to go to another Member State to receive treatment there which is appropriate to his state of health, has access to treatment in that other Member State on reimbursement conditions as favourable as those enjoyed by insured persons covered by the legislation of that State, Article 22 of Regulation No 1408/71 helps to facilitate the free movement of persons covered by social insurance and, to the same extent, the provision of cross-frontier medical services between Member States (see Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraph 32, and Case C‑56/01 Inizan [2003] ECR I‑12403, paragraph 21). | 41 By the sixth question the national court wishes to know what effect the draft national Law designed to implement Directive 86/378, on the one hand, and Protocol No 2, on the other hand, may have in the context of the present case. | 0 |
9,665 | 55. In that respect, it should be noted that the essential characteristic of the old-age benefits referred to in Article 3(1)(d) of Regulation No 883/2004 lies in the fact that they are intended to safeguard the means of subsistence of persons who, when they reach a certain age, leave their employment and are no longer required to hold themselves available for work at the employment office (see judgment in Valentini , 171/82, EU:C:1983:189, paragraph 14). | 22. Community law, in its current state and in a situation such as that in the main proceedings, does not lay down any general criteria for the attribution of areas of competence between the Member States in relation to the elimination of double taxation within the Community. Apart from Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6), the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ 1990 L 225, p. 10) and Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (OJ 2003 L 157, p. 38), no uniform or harmonisation measure designed to eliminate double taxation has as yet been adopted at Community law level. | 0 |
9,666 | 37 It is settled case-law that Community law does not preclude more favourable rules under national law than those under Community law itself provided that such rules are compatible with Community law (see Case 34/69 Duffy [1969] ECR 597, paragraph 9; Case 100/78 Rossi [1979] ECR 831, paragraph 14; Case 733/79 Laterza [1980] ECR 1915, paragraph 8; Case 807/79 Gravina and Others [1980] ECR 2205, paragraph 7; Rönfeldt, cited above, paragraph 26, and Case C-370/90 Singh [1992] ECR I-4265, paragraph 23). | 31. En ce qui concerne l’existence d’une éventuelle justification de la restriction à la liberté d’établissement qui résulte des dispositions de l’article 17, paragraphe 1, sous a) et c), de la LIS, ainsi que le caractère proportionné de celles-ci, il convient de rappeler que la fixation du montant de l’imposition au moment du transfert du siège de direction effective d’une société respecte le principe de proportionnalité eu égard à l’objectif de la réglementation nationale en cause, qui est de soumettre à l’impôt dans l’État membre d’origine les plus-values nées dans le cadre de la compétence fiscale de cet État membre. Il est, en effet, proportionné que l’État membre d’origine, aux fins de sauvegarder l’exercice de sa compétence fiscale, détermine l’impôt dû sur les plus-values latentes nées sur son territoire au moment où son pouvoir d’imposition à l’égard de la société concernée cesse d’exister, en l’occurrence au moment du transfert du siège de direction effective de celle-ci dans un autre État membre (arrêt National Grid Indus, précité, point 52), ou au moment du transfert à l’étranger des éléments patrimoniaux initialement affectés à un établissement stable situé sur le territoire de l’État membre d’origine. | 0 |
9,667 | 28. Consequently, that course must be regarded, under both Article 14(1)(c) and Article 15 of Directive 2006/54, as forming a part of the working conditions inherent to Ms Napoli’s post (see, by analogy, Thibault , paragraph 27, and Case C-284/02 Sass [2004] ECR I-11143, paragraphs 30 and 31). | 30 More particularly concerning the review of Member States' compliance with their obligations under Articles 92 and 93 of the Treaty, the national courts and the Commission fulfil complementary and separate roles, as the Court pointed out in its judgment in Case C-39/94 SFEI and Others v La Poste [1996] ECR I-3547, paragraph 41 et seq.). | 0 |
9,668 | 38. As regards the WTO agreements, it is the settled case-law of the Court that, given their nature and purpose, those agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the EU institutions (see, in particular, judgments in Portugal v Council , C‑149/96, EU:C:1999:574, paragraph 47; Van Parys , C‑377/02, EU:C:2005:121, paragraph 39; and LVP , C‑306/13, EU:C:2014:2465, paragraph 44). | 89 Three series of arguments have been put forward to no avail in opposition to that ruling. | 0 |
9,669 | 32. According to settled case‑law, all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union are to be considered as measures having an effect equivalent to quantitative restrictions within the meaning of Article 34 TFEU (see, inter alia, Case 8/74 Dassonville [1974] ECR 837, paragraph 5, and Case C‑110/05 Commission v Italy [2009] ECR I‑519, paragraph 33). | 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 (Case C-360/90 Bötel [1992] ECR I-3589, paragraphs 14 and 15; see also Case C-33/89 Kowalska [1990] ECR I-2591, paragraph 11, and Case C-262/88 Barber [1990] ECR I-1889, paragraph 12, and Gillespie, cited above, paragraph 13). | 0 |
9,670 | 36 In that regard, the Court has consistently held that, in pursuing the objectives of the common agricultural policy, the Community institutions must secure the permanent harmonization made necessary by any conflicts between the various objectives set by Article 39 of the Treaty, taken individually, and, where necessary, allow any one of them temporary priority in order to satisfy the demands of the economic factors or conditions in view of which their decisions are made (see in particular the judgment in Case 203/86 Spain v Council [1988] ECR 4563, paragraph 10). | 40 The tenor and scope of that concept thus clearly cannot differ depending whether it is used in Annex I or Annex II of the Directive. | 0 |
9,671 | 50. That conclusion is supported by the actual meaning of the term ‘generic’, as clarified by the case-law of the Court. The way in which the name of a product becomes generic is the result of an objective process, at the end of which that name, although referring to the geographical place where the product in question was originally manufactured or marketed, has become the common name of that product (see, to that effect, Joined Cases C‑465/02 and C‑466/02 Germany and Denmark v Commission [2005] ECR I‑9115, paragraphs 75 to 100, and Case C‑132/05 Commission v Germany [2008] ECR I‑957, paragraph 53). | 71. Observance of the rights of the defence requires, in particular, that the undertaking under investigation is put in a position during the administrative procedure to put forward its point of view on the reality and the relevance of the alleged facts and also on the documents used by the Commission (see Case C‑310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I‑865, paragraph 21). | 0 |
9,672 | 53. Accordingly, where the competent institution, by issuing a Form E 111 or Form E 112, has agreed that one of its insured persons is to receive medical treatment outside the competent Member State, it is bound by the findings relating to the need for urgent vital treatment made by the doctors authorised by the institution of the Member State of stay (see, in an analogous sense, in the context of Article 19 of Regulation No 1408/71 and Article 18 of Regulation No 574/72, Case 22/86 Rindone [1987] ECR 1339, paragraphs 9 to 14, and Case C‑45/90 Paletta [1992] ECR I‑3423, paragraph 28). | 63
In this connection, it must be observed that, in the context of a review by the Courts of the European Union of complex economic assessments made by the Commission in the field of State aid, it is not for those Courts to substitute their own economic assessment for that of the Commission (judgments of 24 January 2013, Frucona Košice v Commission, C‑73/11 P, EU:C:2013:32, paragraph 75, and of 21 March 2013, Commission v Buczek Automotive, C‑405/11 P, not published, EU:C:2013:186, paragraph 49). | 0 |
9,673 | 16 Even though, strictly speaking, the national court has directed its questions solely to the interpretation of Articles 30 and 36 of the Treaty, the Court is not thereby precluded from providing the national court with all those elements for the interpretation of Community law which may be of assistance in adjudicating on the case pending before it, whether or not that court has specifically referred to them in its questions (see, in particular, to that effect Case C-241/89 SARPP [1990] ECR I-4695, paragraph 8, and Case C-315/92 Verband Sozialer Wettbewerb (`Clinique') [1994] ECR I-317, paragraph 7). | 36
It is by referring to the relevant provisions of the regulation concerned, interpreted in the light of the objectives of that regulation, that it may be determined whether they prohibit, require or allow Member States to adopt certain implementing measures and, particularly in the latter case, whether the measure concerned comes within the scope of the discretion that each Member State is recognised as having (judgment of 25 October 2012 in Ketelä, C‑592/11, EU:C:2012:673, paragraph 37). | 0 |
9,674 | 20. The same is true of those importers of the product concerned whose resale prices were taken into account for the construction of export prices and who are consequently concerned by the findings relating to the existence of dumping (see judgments in Nashua Corporation and Others v Commission and Council , C‑133/87 and C‑150/87, EU:C:1990:115, paragraph 15; Gestetner Holdings v Council and Commission , C‑156/87, EU:C:1990:116, paragraph 18; in addition, Valimar , C‑374/12, EU:C:2014:2231, paragraph 31). | 45. Having regard to the foregoing, the answer to the question referred must therefore be that, read in the light of the principle of equal treatment of economic operators and the ensuing obligation of transparency, Article 36(2) of Directive 92/50 precludes the contracting authority in a tendering procedure from stipulating at a later date the weighting factors and sub-criteria to be applied to the award criteria referred to in the contract documents or contract notice.
Costs | 0 |
9,675 | 176. Since Article 82 EC thus refers not only to practices which may cause damage to consumers directly, but also to those which are detrimental to them through their impact on competition, a dominant undertaking, as has already been observed in paragraph 83 of the present judgment, has a special responsibility not to allow its conduct to impair genuine undistorted competition on the common market (see, to that effect, France Télécom v Commission , paragraph 105 and the case-law cited). | 19 IT FOLLOWS THAT THAT REQUIREMENT MAY BE REGARDED AS COMPATIBLE WITH ARTICLES 59 AND 60 OF THE EEC TREATY ONLY IF IT IS ESTABLISHED THAT IN THE FIELD OF ACTIVITY CONCERNED THERE ARE IMPERATIVE REASONS RELATING TO THE PUBLIC INTEREST WHICH JUSTIFY RESTRICTIONS ON THE FREEDOM TO PROVIDE SERVICES , THAT THE PUBLIC INTEREST IS NOT ALREADY PROTECTED BY THE RULES OF THE STATE OF ESTABLISHMENT AND THAT THE SAME RESULT CANNOT BE OBTAINED BY LESS RESTRICTIVE RULES .
| 0 |
9,676 | 45. Il convient de rappeler que l’obligation de motivation n’impose pas au Tribunal de fournir un exposé qui suivrait, de manière exhaustive et un par un, tous les raisonnements articulés par les parties au litige et que la motivation peut donc être implicite à condition qu’elle permette aux intéressés de connaître les raisons pour lesquelles le Tribunal n’a pas fait droit à leurs arguments et à la Cour de disposer des éléments suffisants pour exercer son contrôle (arrêt FIAMM e.a./Conseil et Commission, C-120/06 P et C-121/06 P, EU:C:2008:476, point 96 et jurisprudence citée). | 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 |
9,677 | 36 As a subsidiary argument, it has maintained that, by virtue of the case-law of the Court, in order to qualify for the derogation provided for in Article 90(2), it is not sufficient for a Member State to have entrusted to an undertaking the operation of a service of general economic interest but it is also necessary for the application of the rules of the Treaty to obstruct the performance of the particular tasks assigned to the undertaking and for the interests of the Community not to be affected (Case C-179/90 Merci Convenzionali Porto di Genova v Siderurgica Gabrielli [1991] ECR I-5889, paragraph 26). The Commission adds that it is clear from the judgments in Case C-320/91 Corbeau [1993] ECR I-2533, paragraphs 14 and 16, and Case C-393/92 Almelo, cited above, paragraph 49, that, for restrictions on competition involving the granting of exclusive rights to undertakings entrusted with tasks of general economic interest to be justified under Article 90(2) of the Treaty, they must be necessary to ensure performance of the specific tasks assigned to those undertakings and in particular to enable them to operate under economically acceptable conditions. | 88. Those various factors relating to the consumption of feta in the Member States tend to indicate that the name ‘feta’ is not generic in nature. | 0 |
9,678 | 32 Annex VII, moreover, differs in nature from Annex VI to the Hague Resolution, which, in the particular field to which it applies, makes specific the duties of cooperation which the Member States assumed under Article 5 of the Treaty when they acceded to the Community (see Case 141/78 France v United Kingdom [1979] ECR 2923, paragraph 8). Annex VI relates to the introduction of conservation measures by the Member States and the procedure to be followed in that regard and specifies, in that context, the obligations of Member States flowing from Article 5 of the Treaty. | 18 Sickness funds, and the organizations involved in the management of the public social security system, fulfil an exclusively social function. That activity is based on the principle of national solidarity and is entirely non-profit-making. The benefits paid are statutory benefits bearing no relation to the amount of the contributions. | 0 |
9,679 | 59 Second, it must be pointed out that the economic requirements mentioned in Article 2 of the Directive may not be taken into account when selecting an SPA and defining its boundaries (see Royal Society for the Protection of Birds, paragraph 27). | 23. That regulation is designed to establish within the Community common standards in the field of novel foods and novel food ingredients, in particular, as stated in recital 2, by introducing a single safety assessment of such foods and food ingredients through a Community procedure before they are placed on the Community market. | 0 |
9,680 | 33. In that regard it is for the competent national authorities to show, first, that their legislation addresses an essential interest within the meaning of Articles 45 and 46 EC or an overriding requirement relating to the general interest as laid down in the case-law and, second, that that legislation conforms to the principle of proportionality (see, to that effect, Case C‑41/02 Commission v Netherlands [2004] ECR I‑11375, paragraph 47; Case C‑38/03 Commission v Belgium [2005], not published in the ECR, paragraph 20, and Case C‑255/04 Commission v France [2006] ECR I‑5251, paragraph 29). | 41. Although the time of definitive importation of goods, placed under arrangements for temporary importation upon entry into the Community, is deferred pursuant to Article 7(3) of the Sixth Directive to the time those arrangements cease to be applicable to the goods, it follows from the derogation provided for in Article 16(1) of that directive that all transactions effected under those temporary arrangements must be taxed as if they had been effected within the territory of the country after the definitive importation of the goods. | 0 |
9,681 | 28. In that context, it must be noted that Directive 95/46 is intended, as appears from, inter alia, recital 8 in the preamble thereto, to ensure that the level of protection of the rights and freedoms of individuals with regard to the processing of personal data is equivalent in all Member States. Recital 10 adds that the approximation of the national laws applicable in this area must not result in any lessening of the protection they afford but must, on the contrary, seek to ensure a high level of protection in the EU (see, to that effect, Lindqvist , paragraph 95, and Huber , paragraph 50). | 35. Il y a lieu de rappeler que, selon une jurisprudence constante de la Cour, l’octroi de l’indemnité de dépaysement a pour objet de compenser les charges et désavantages particuliers résultant de la prise de fonctions auprès des Communautés pour les fonctionnaires qui sont de ce fait obligés de transférer leur résidence du pays de leur domicile au pays d’affectation et de s’intégrer dans un nouveau milieu. La notion de dépaysement dépend également de la situation subjective du fonctionnaire, à savoir de son degré d’intégration dans son nouveau milieu résultant, par exemple, de sa résidence habituelle ou de l’exercice d’une activité professionnelle principale (voir arrêts du 10 octobre 1989, Atala‑Palmerini/Commission, 201/88, Rec. p. 3109, point 9, et du 15 septembre 1994, Magdalena Fernández/Commission, C‑452/93 P, Rec. p. I‑4295, point 20). | 0 |
9,682 | 34
In that regard, in so far as the question raised concerns the compatibility of the legislation at issue in the main proceedings with the provisions of the FEU Treaty on freedom to provide services, it should be observed that they are not applicable in a situation all the elements of which are confined within a single Member State (see, to that effect, judgment of 8 December 2016, Eurosaneamientos and Others, C‑532/15 and C‑538/15, EU:C:2016:932, paragraph 45 and the case-law cited). | 45
In that regard, in so far as the requests for a preliminary ruling concern the compatibility of the requirements in question with the provisions of the TFEU on freedom to provide services, it should be observed that they are not applicable in a situation all the elements of which are confined within a single Member State (see, to that effect, order of 12 May 2016, Security Service and Others, C‑692/15 to C‑694/15, EU:C:2016:344, paragraph 23 and the case-law cited, and judgment of 15 November 2016, Ullens de Schooten, C‑268/15, EU:C:2016:874, paragraph 47). | 1 |
9,683 | 116. However, in order for health and public policy concerns to justify a restriction such as that resulting from the prior authorisation system at issue in the main proceedings, the measure in question must be proportionate to the objective to be achieved and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States (judgment in Ahokainen and Leppik , C‑434/04, EU:C:2006:609, paragraph 29; see also, to that effect, judgment in Rosengren and Others , C‑170/04, EU:C:2007:313, paragraphs 41 and 43). | 10 The choice of reference country falls within the discretion enjoyed by the institutions when analysing complex economic situations. | 0 |
9,684 | 155
The protection afforded by Article 16 of the Charter covers the freedom to exercise an economic or commercial activity, the freedom of contract and free competition, as is apparent from the explanations relating to that article, which, in accordance with the third subparagraph of Article 6(1) TEU and Article 52(7) of the Charter, have to be taken into consideration for the interpretation of the Charter (judgment in Sky Österreich, C‑283/11, EU:C:2013:28, paragraph 42). | 122 It must be observed, first, that so far as the amount of the financial correction is concerned, the Commission may even refuse to charge to the EAGGF the whole of the expenditure in question if it finds that there are no adequate control procedures. | 0 |
9,685 | 10 As appears from the judgment of the Court in Case 90/82 Commission v France [1983] ECR 2011, paragraphs 22 and 23, the expression "control of price levels" can refer only to national legislation of a general nature intended to check the increase in prices. As for the expression "observance of imposed prices", it must be understood as referring to a price which, once determined by the manufacturer or importer and approved by the public authority, is compulsory as a maximum price and must be observed as such at all stages of the distribution network, up to the sale to the consumer (judgment in Case 13/77 GB-Inno-BM v Vereniging van de Kleinhandelaars in Tabak [1977] ECR 2115, paragraph 64). With those two provisos, the abovementioned provisions of the directive do not authorize the Member States to fix the prices of manufactured tobacco in disregard of the rule that manufacturers or importers are free to determine prices (judgment in Case C-287/89 Commission v Belgium [1991] ECR I-2233, paragraph 13). | 63. The first sentence of Article 73 of Regulation No 40/94 provides that ‘[d]ecisions of the Office shall state the reasons on which they are based’. | 0 |
9,686 | 24. In that regard the Court has consistently held that the legislation on games of chance is one of the areas in which there are significant moral, religious and cultural differences between the Member States. In the absence of Community harmonisation in the field, it is for each Member State to determine in those areas, in accordance with its own scale of values, what is required in order to ensure that the interests in question are protected (Case C-42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I-7633, paragraph 57 and the case-law cited). | 94. En ce qui concerne, en premier lieu, la durée du manquement constaté, celle-ci doit être évaluée en ayant égard à la date à laquelle la Cour apprécie les faits et non pas à celle où cette dernière est saisie par la Commission (arrêt Commission/Italie, C‑196/13, EU:C:2014:2407, point 102 et jurisprudence citée). | 0 |
9,687 | 49. It follows that the appraisal of the facts by the Court of First Instance does not constitute, save where the clear sense of the evidence produced before it is distorted, a question of law which is subject, as such, to review by the Court of Justice (see, inter alia , Joined Cases C-280/99 P to C-282/99 P Moccia Irme and Others v Commission [2001] ECR I-4717, paragraph 78). | 74. Consequently, the answer to questions 2 and 3 is that Articles 168 and 176 of the VAT Directive must be interpreted as not precluding national legislation which provides for the exclusion from the right to deduct of goods and services intended to be supplied free of charge or for activities outside the scope of the taxable person’s economic activity, provided that goods categorised as capital goods are not allocated to the assets of the undertaking.
Questions 5 and 6
Admissibility | 0 |
9,688 | 34
It follows that the detailed rules under which applicants for subsidiary protection are to be able to exercise their right to be heard prior to the adoption of a final decision on their application must be assessed in the light of the provisions of Directive 2004/83, which are intended, inter alia, to lay down minimum standards relating to the conditions which third country nationals must satisfy in order to be entitled to subsidiary protection (see, by analogy, judgments of 5 November 2014, Mukarubega, C‑166/13, EU:C:2014:2336, paragraph 55, and of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 45). | 23. Assets attributed to permanent establishments which are situated in a Member State other than the Kingdom of Belgium and the income from which is not taxable in Belgium are not taken into account when calculating the risk capital serving as a basis for calculation of the deduction at issue in the main proceedings, whereas assets attributed to permanent establishments situated in Belgium are taken into account for that purpose. | 0 |
9,689 | 45 Taking account of the latest medical research on the subject, and also the difficulty of establishing the threshold above which exposure to trichloroethylene poses a serious health risk to humans, given the present state of the research, there is no evidence in this case to justify a conclusion by the Court that national legislation such as that at issue in the case in the main proceedings goes beyond what is necessary to achieve the objective in view (see, to that effect, Joined Cases 266/87 and 267/87 Association of Pharmaceutical Importers [1989] ECR 1295, paragraph 22). | 14WHILST THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN EGGS AND ON MARKETING STANDARDS FOR EGGS CONTAIN DETAILED RULES RELATING TO GRADING BY QUALITY AND WEIGHT , PACKING , WAREHOUSING , TRANSPORT , PRESENTATION AND MARKING OF EGGS THEY CONTAIN NO PROVISION RELATING TO THE SELLING PRICE OF LABELS OR THE METHOD OF FINANCING THE ADMINISTRATE COSTS INHERENT IN THE SUPERVISION .
| 0 |
9,690 | 32. For the sake of completeness, it should be emphasised that that interpretation is without prejudice to Article 3(3) of Regulation No 2988/95 according to which Member States are to retain the possibility of applying a period which is longer than that provided for in Article 3(1) and (2) of that regulation respectively (see, to that effect, judgments in Cruz & Companhia , C‑341/13, EU:C:2014:2230, paragraph 54, and Ze Fu Fleischhandel and Vion Trading , C‑201/10 and C‑202/10, EU:C:2011:282, paragraph 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,691 | 35. Thus, an effect on intra-Community trade is normally the result of a combination of several factors which, taken separately, are not necessarily decisive (Joined Cases C‑215/96 and C‑216/96 Bagnasco and Others [1999] ECR I‑135, paragraph 47, and Case C‑359/01 P British Sugar v Commission [2004] ECR I‑4933, paragraph 27). In order to assess whether an arrangement has an appreciable effect on trade between Member States, it is necessary to examine it in its economic and legal context (see, to that effect, Case C‑393/92 Almelo [1994] ECR I‑1477, paragraph 37). | 56. Therefore, it cannot be stated or presumed that there was an interest of the Union that, in an area excluded by the EU legislature from the scope of the measure which it adopted, there should be a uniform interpretation of the provisions of that measure. | 0 |
9,692 | 49
In that regard, it should be borne in mind, as the General Court correctly did in paragraph 328 of the judgment under appeal, that the maximum amount laid down in Article 23(2) of Regulation No 1/2003 must be calculated on the basis of the total turnover of all the companies constituting the single economic entity acting as an undertaking for the purposes of Article 81 EC, which now corresponds to Article 101 TFEU (see judgments of 8 May 2013 in Eni v Commission, C‑508/11 P, EU:C:2013:289, paragraph 109; of 11 July 2013 in Team Relocations and Others v Commission, C‑444/11 P, EU:C:2013:464, paragraphs 172 and 173; and of 26 November 2013 in Groupe Gascogne v Commission, C‑58/12 P, EU:C:2013:770, paragraph 56). The proportionality of a fine must in particular be assessed having regard to the objective of deterrence which is sought by its imposition and consideration of that total figure is therefore necessary for the purposes of that assessment in order to take into account the economic power of that entity (see, to that effect, judgment of 20 January 2016 in Toshiba Corporation v Commission, C‑373/14 P, EU:C:2016:26, paragraphs 83 and 84). | 14. It is appropriate to note, in the first place, that Article 4(1) and (2) of the Directive require the Member States to classify as SPAs the territories meeting the ornithological criteria specified by those provisions (see to that effect, Case C-355/90 Commission v Spain [1993] ECR I-4221, paragraphs 26, 27 and 32). | 0 |
9,693 | 28
It also follows from the Court of Justice’s settled case-law that, in the particular case in which a parent company holds, directly or indirectly, all or almost all of the capital in a subsidiary which has committed an infringement of the EU competition rules, there is a rebuttable presumption that that parent company actually exercises a decisive influence over its subsidiary (judgments of 29 September 2011, Elf Aquitaine v Commission, C‑521/09 P, EU:C:2011:620, paragraph 56 and the case-law cited, and of 5 March 2015 in Commission and Others v Versalis and Others, C‑93/13 P and C‑123/13 P, EU:C:2015:150, paragraph 41). | 28 As is clear from the second and third recitals of the preamble to Directive 76/768, the Community legislature, although finding that the differences between national laws on cosmetic products obliged Community cosmetic producers to vary their production according to the Member State for which the products were intended and that those differences impeded free movement of those products, concluded that those national provisions had the aim of safeguarding public health and that, consequently, Community harmonisation must pursue the same objective. The amendments subsequently made to Directive 76/768 were guided by those same considerations. | 0 |
9,694 | 48. Observance of the rights of the defence in a proceeding before the Commission, the aim of which is to impose a fine on an undertaking for infringement of the competition rules requires that the undertaking under investigation must have been afforded the opportunity to make known its views on the truth and relevance of the facts alleged and on the documents used by the Commission to support its claim that there has been an infringement of the Treaty ( Aalborg Portland and Others v Commission , paragraph 66). Those rights are referred to in Article 41(2)(a) and (b) of the Charter of Fundamental Rights of the European Union. | 88. Accordingly, for the reasons stated in paragraphs 40 to 43 above, which are applicable mutatis mutandis to the situation under examination, where the use of the PDO "Grana Padano" for cheese marketed in grated form is made subject to the condition that grating and packaging operations be carried out in the region of production, this constitutes a measure having equivalent effect to a quantitative restriction on exports within the meaning of Article 29 EC.
Whether the condition that the product be grated and immediately packaged in the region of production is justified | 0 |
9,695 | 42. The Court has always emphasised that the public policy exception constitutes a derogation from the fundamental principle of freedom of movement for persons, which must be interpreted strictly and the scope of which cannot be determined unilaterally by the Member States (Case 36/75 Rutili [1975] ECR 1219, paragraph 27; Bouchereau , paragraph 33; Calfa , paragraph 23; Joined Cases C-482/01 and C-493/01 Orfanopoulos and Oliveri [2004] ECR I-5257, paragraphs 64 and 65; Commission v Spain , cited above, paragraph 45, and Case C-441/02 Commission v Germany , paragraph 34). | 35
Although the Court, when giving a preliminary ruling, may, where appropriate, provide clarification designed to give the referring court guidance in its interpretation, it is nevertheless for the referring court to establish whether the factors constituting such abuse are present in the case before it. In establishing such abuse, the referring court must take into account all the facts and circumstances of the case, including the commercial transactions preceding and following the import at issue (judgments in SICES and Others, C‑155/13, EU:C:2014:145, paragraph 34 and the case-law cited, and Cimmino and Others, C‑607/13, EU:C:2015:448, paragraph 60). | 0 |
9,696 | 47
In the second place, the Court points out that, ruling, within the framework of the legislation previously in force, as regards the opposite situation in which the entry added by the official veterinarian at the exit point contained a positive assessment as regards adherence to the relevant provisions of the legislation on the transport of live animals, the it held that the finding made by the veterinarian did not constitute irrefutable proof in that respect, so that that finding did not bind the authority competent for the payment of the export refund in relation to the export of cattle due to objective and specific evidence leading to the opposite conclusion (see, to that effect, judgments of 13 March 2008 in Viamex Agrar Handel, C‑96/06, EU:C:2008:158, paragraphs 34, 35, 37 and 41, and 25 November 2008 in Heemskerk and Schaap, C‑455/06, EU:C:2008:650, paragraphs 25 and 30). | 43
All measures which prohibit, impede or render less attractive the exercise of the freedom must be considered to be restrictions on freedom of establishment (judgment of 21 May 2015, Verder LabTec, C‑657/13, EU:C:2015:331, paragraph 34 and the case-law cited). | 0 |
9,697 | 41
In this respect, in accordance with the principle of sincere cooperation enshrined in Article 4(3) TEU, the detailed procedural rules governing actions for safeguarding an individual’s rights under EU law must be no less favourable than those governing similar domestic actions (principle of equivalence) and must not render impossible in practice or excessively difficult the exercise of rights conferred by EU law (principle of effectiveness) (judgments of 16 December 1976, Rewe-Zentralfinanz and Rewe-Zentral, 33/76, EU:C:1976:188, paragraph 5; of 14 December 1995, Peterbroeck, C‑312/93, EU:C:1995:437, paragraph 12; and of 27 June 2013, Agrokonsulting, C‑93/12, EU:C:2013:432, paragraph 36). | En l’espèce, l’arrêt attaqué satisfait aux exigences de motivation incombant au Tribunal, dès lors que ce dernier a fourni,
aux points 439 à 452 dudit arrêt, un exposé détaillé des facteurs dont il a tenu compte en fixant le montant de l’amende (voir,
en ce sens, arrêt du 22 novembre 2012, E.ON Energie/Commission, C‑89/11 P, EU:C:2012:738, point 133). En effet, cette motivation
permet aux intéressés, et aux requérantes en particulier, de connaître les motifs sur lesquels le Tribunal s’est fondé et
à la Cour de disposer des éléments suffisants pour exercer son contrôle dans le cadre des présents pourvois. | 0 |
9,698 | 30 Thus, Community law does not in principle preclude legislation of a Member State laying down, alongside a limitation period applicable under the ordinary law to actions between individuals for the recovery of sums paid but not due, special detailed rules, which are less favourable, governing claims and legal proceedings to challenge the imposition of taxes and other charges (see Edis, cited above, paragraph 37; SPAC, cited above, paragraph 21; Joined Cases C-10/97 to C-22/97 Ministero delle Finanze v In.Co.Ge.'90 and Others [1998] ECR I-6307, paragraph 27; and Aprile, cited above, paragraph 21). The position would be different only if those detailed rules applied solely to actions based on Community law for the repayment of such taxes or charges (judgments cited above in Edis, paragraph 37; Spac, paragraph 21; and Aprile, paragraph 21). | 33. That finding is supported by the first and fourth subparagraphs of Article 6(1) of Directive 2001/23, relating to the representation of workers, according to which that directive is intended to apply to any transfer satisfying the conditions laid down in Article 1(1) thereof, whether or not the economic entity transferred retains its autonomy in the transferee’s organisational structure (C‑466/07 Klarenberg [2009] ECR I‑803, paragraph 50). | 0 |
9,699 | 56. By contrast, a benefit is regarded as a social security benefit where it is granted, without any individual and discretionary assessment of personal needs, to recipients on the basis of a statutorily defined position and relates to one of the risks expressly listed in Article 4(1) of Regulation No 1408/71 (Case 249/83 Hoeckx [1985] ECR 973, paragraphs 12 to 14; Case C‑356/89 Newton [1991] ECR I‑3017; Case C‑78/91 Hughes [1992] ECR I‑4839, paragraph 15; Molenaar , paragraph 20; and Jauch , paragraph 25). It was on the basis of that case-law, which takes account of the components of German care insurance benefits, that the Court held, in paragraph 25 of Molenaar , that those benefits were to be regarded as ‘sickness benefits’ for the purpose of Article 4(1)(a) of Regulation No 1408/71 and, in paragraph 36 of that judgment, that they were to be regarded as ‘cash benefits’ of sickness insurance as referred to inter alia in Article 19(1)(b) of that regulation (see also Jauch , paragraph 25). | 56. S’agissant, en deuxième lieu, de l’élément justificatif relatif à la nécessité de prévenir la double prise en compte des pertes, invoqué par les gouvernements allemand et suédois, la Cour a reconnu que les États membres doivent pouvoir faire obstacle à ce risque (voir arrêts précités Marks & Spencer, point 47; Rewe Zentralfinanz, point 47, et Lidl Belgium, point 35). | 0 |
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