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9,700 | 66. That said, the Court’s interpretation of Regulation No 1408/71 in response to the first question submitted for a preliminary ruling must be understood without prejudice to the solution which flows from the potential applicability of provisions of primary law (see, by way of analogy, Acereda Herrera , cited above, paragraph 38). The finding that a national measure may be consistent with a provision of a secondary law measure, in this case Regulation No 1408/71, does not necessarily have the effect of removing that measure from the scope of the Treaty’s provisions (see, to that effect, Case C‑158/96 Kohll [1998] ECR I‑1931, paragraph 25, and Case C‑372/04 Watts [2006] ECR I‑4325, paragraph 47). It follows that the applicability, as the case may be, of Articles 19 or 22 of Regulation No 1408/71 to a situation such as that at issue in the main proceedings does not of itself prevent the person concerned from claiming, pursuant to primary law, the payment of certain costs relating to care received in a care home situated in another Member State, under rules different to those provided for in those articles (see, by analogy, Case C‑368/98 Vanbraekel and Others [2001] ECR I‑5363, paragraphs 37 to 53, along with Watts , cited above, paragraph 48). | 37 Although Article 22 of Regulation No 1408/71 does not have the effect of preventing extra reimbursement, additional to that resulting from the application of the system of the Member State where the treatment was provided, when the system applied in the Member State in which the person concerned is insured is more beneficial, that provision does not have the further effect of requiring such additional reimbursement. Consequently, it is necessary to consider whether such an obligation might arise under Article 59 of the Treaty.
The rules on freedom to provide services | 1 |
9,701 | 37. In the exercise of the rights conferred under Article 2(3) of Directive 76/207, women cannot be the subject of unfavourable treatment regarding their access to employment and working conditions, since the aim of the directive, in that respect, is to ensure substantive, not formal equality (see, to that effect, Case C-136/95 Thibault [1998] ECR I-2011, paragraph 26). | 44. In this respect, it must be borne in mind that the meaning and scope of terms for which European Union law provides no definition must be determined by considering, inter alia, the context in which they occur and the purposes of the rules of which they form part (see, inter alia, Case C-336/03 easyCar [2005] ECR I-1947, paragraph 21; Case C-549/07 Wallentin-Hermann [2008] ECR I-11061, paragraph 17; Case C-151/09 UGT-FSP [2010] ECR I-7591, paragraph 39; and Case C-34/10 Brüstle [2011] ECR I-9821, paragraph 31). | 0 |
9,702 | 67. In those circumstances, the wording used in the first sentence of Article 27 of the Regulation must be construed in the light of the overall scheme and purpose of the Regulation of which it forms a part (see, to that effect, Case 803/79 Roudolff [1980] ECR 2015, paragraph 7). | 70. Subject to the right of reparation which flows directly from Community law where the conditions referred to in the previous paragraph are satisfied, it is on the basis of rules of national law on liability that the State must make reparation for the consequences of the loss and damage caused, provided that the conditions for reparation of loss and damage laid down by national law are not less favourable than those relating to similar domestic claims and are not so framed as to make it, in practice, impossible or excessively difficult to obtain reparation ( Brasserie du Pêcheur and Factortame , paragraph 67). | 0 |
9,703 | 75 It is clear from the very wording of Articles 92(3)(c) and 93 of the Treaty that the Commission `may' consider aid covered by the first of those provisions compatible with the common market. Accordingly, although the Commission always has to rule on the compatibility with the common market of State aid subject to review by it, even if that aid has not been notified to it (see Case C-301/87 France v Commission (the `Boussac Saint Frères' case) [1990] ECR I-307, paragraphs 15 to 24), it is not bound to declare such aid compatible with the common market. | 29 It follows that, given that there is no legislation at Community level governing the concept of proof, any type of evidence admissible under the procedural law of the Member States in similar proceedings is in principle admissible. | 0 |
9,704 | 13 Citing the case-law of the Court (judgments in Case 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299, especially at p. 345; Case 24/67 Parke, Davis and Co. v Centrafarm [1968] ECR 55, especially at p. 72; Case 78/70 Deutsche Grammophon v Metro [1971] ECR 487, paragraph 11; Case 4/73 Nold v Commission [1974] ECR 491, paragraph 14; and Case C-30/90 Commission v United Kingdom [1992] ECR I-829, paragraphs 16 and 17), Spain argues that the Community has no power to regulate substantive patent law, and may harmonize only those aspects relating to the exercise of industrial property rights which are capable of having an effect upon the achievement of the general objectives laid down in the Treaty. Such action may not take the form of a new industrial property right which, by its nature, content and effects, alters the basic concept in force under the national legal systems of each of the Member States. The duration of a patent is its most important feature, since it intrinsically affects the balance in time between the rights and obligations of its holder, whether legal or economic in character. | 72. On the question whether the provision at issue in the main proceedings contains a difference of treatment on grounds of disability, it must be noted that Paragraph 5(2) of the FL, which relates to absences on grounds of illness, applies in the same way to disabled and non-disabled persons who have been absent for more than 120 days on those grounds. In those circumstances, that provision cannot be regarded as establishing a difference of treatment based directly on disability, within the meaning of Article 1 in conjunction with Article 2(2)(a) of Directive 2000/78. | 0 |
9,705 | 123. The Court has on various occasions recalled the importance, in both the legal order of the European Union and the national legal systems, of the principle of res judicata (Case C‑224/01 Köbler [2003] ECR I‑10239, paragraph 38; Case C‑234/04 Kapferer [2006] ECR I‑2585, paragraph 20; and Case C‑526/08 Commission v Luxembourg [2010] ECR I‑0000, paragraph 26) and the fact that res judicata attaches only to matters of fact and law actually or necessarily settled by the judicial decision in question ( Commission v Luxembourg , paragraph 27 and the case-law cited). | 42. Second, under Article 4(2) of Directive 90/435, the Member States retain the option of providing that any losses resulting from the distribution of the profits of the subsidiary may not be deducted from the taxable profits of the parent company. That provision enables Member States to adopt measures to prevent a parent company from enjoying a double tax advantage. Indeed, that company could, first, by virtue of the first indent of Article 4(1) of that directive, receive profits without being taxed and, second, obtain a tax reduction by means of the deduction in respect of charges relating to losses for the holding resulting from the distribution of such profits. | 0 |
9,706 | 61. The VAT Directive, by virtue of Article 370 thereof, authorised the Member States to retain certain provisions of their national legislation predating that directive which would, without that authorisation, be incompatible with that directive (see, to that effect, judgments in Idéal tourisme , C‑36/99, EU:C:2000:405, paragraph 38, and in Eurodental , EU:C:2006:763, paragraph 51). | 148. The circumstances to be taken into account are, in particular, those referred to in the considerations set out at paragraphs 117 to 122 above, relating to the duration and seriousness of the infringement. | 0 |
9,707 | 49 Article 168a of the Treaty and Article 51 of the EC Statute of the Court of Justice state that an appeal is to be limited to points of law and, therefore, the Court of First Instance has exclusive jurisdiction, first, to establish the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts (Case C-7/95 P Deere v Commission [1998] ECR I-3111, paragraphs 18 and 21). | 34. Ainsi, la directive 89/106 confirme qu’un État membre ne peut soumettre la mise sur le marché sur son territoire d’un produit de construction, non couvert par des spécifications techniques harmonisées ou reconnues au niveau communautaire, qu’à des dispositions nationales qui soient conformes aux obligations découlant du traité, notamment au principe de la libre circulation des marchandises énoncé aux articles 28 CE et 30 CE.
Sur la nature des mesures litigieuses | 0 |
9,708 | 111
According to settled case-law of the Court, the existence of anticompetitive practices or agreements must, in most cases, be inferred from a number of coincidences or indicia which, taken together, may, in the absence of another plausible explanation, constitute evidence of an infringement of the competition rules. Thus, as regards, in particular, an infringement extending over a number of years, the fact that direct evidence of a company’s participation in that infringement during a specified period has not been produced does not preclude that participation from being regarded as established also during that period, provided that that finding is based on objective and consistent indicia; the lack of any public distancing on the part of that company may be taken into account in that regard (see, to that effect, judgment of 17 September 2015, Total Marketing Services v Commission, C‑634/13 P, EU:C:2015:614, paragraphs 26 to 28 and the case-law cited). | 36 Disturbing the balance and reciprocity of a bilateral international convention concluded between a Member State and a non-member country may, it is true, constitute an objective justification for the refusal by a Member State party to that convention to extend to nationals of other Member States the advantages which its own nationals derive from that convention (see, to that effect, Saint-Gobain ZN, cited above, paragraph 60). | 0 |
9,709 | 40. As regards the objective of Article 3(1) of Regulation No 857/84, it is to enable the Member States to adapt the reference quantities in order to take into account the special situations of certain producers (see Duff and Others , paragraph 13). However, as is apparent from Article 5 of that regulation, that objective must be pursued within the limits of the reserve constituted by the Member State concerned within the guaranteed quantity. | 81. That is so, inter alia, where making such equipment available constitutes only a specific step in the organisation or operation of a service and that activity does not display an end in itself, but is intended to enable the service to be obtained. In those circumstances, the activity which consists in making such equipment available cannot be assessed independently of the activity linked to the service to which that first activity relates (see, by analogy, Schindler , paragraphs 22 and 25). | 0 |
9,710 | 48. The answer to that question can also be deduced from the judgment in Kits van Heijningen (C‑2/89, EU:C:1990:183). In paragraph 14 of that judgment, the Court held that Article 13(2)(a) of Regulation No 1408/71 makes no distinction between full-time and part-time employment. Moreover, the objective which that provision pursues would be frustrated if it were to be considered that the legislation of the Member State in question was applicable only during the periods when the person concerned pursued his activity, and not during those periods when he did not. | 14 In this regard, it is sufficient to point out that a system requiring prior import authorizations constitutes a measure which is disproportionate in relation to the objective of protecting the health and life of humans and animals . It is clear from the Court' s judgment in Case 124/81 Commission v United Kingdom, cited above, that a Member State may adopt measures less restrictive than a system of prior import authorizations in order to protect those interests, by confining itself to obtaining the information which is of use to it, for example, by means of declarations signed by the importers, accompanied if necessary by the appropriate certificates issued by the exporting Member State . | 0 |
9,711 | 26. It is settled case-law that in proceedings under Article 226 EC for failure to fulfil an obligation, it is incumbent upon the Commission to prove the allegation that the obligation has not been fulfilled and to place before the Court the information needed to enable it to determine whether the obligation has not been fulfilled (see, inter alia , Case C-159/94 Commission v France [1997] ECR I-5815, paragraph 10, and Case C-236/99 Commission v Italy [2001] ECR I-4195, paragraph 27). | 57. Next, as regards the restrictive nature of the system whereby golden shares in PT are held by the State, which is provided for in the national legislation in conjunction with the articles of association of that company, such a system is liable to dissuade operators from other Member States from investing in the capital of that company. | 0 |
9,712 | 137. Moreover, in view of the fact, stated in the order for reference and referred to at paragraph 24 of this judgment, that the United Kingdom has not adopted specific rules to implement the third sentence of Article 11 of Directive 2004/48, the referring court will, when applying national law, be required to do so, as far as possible, in the light of the wording and the purpose the third sentence of Article 11 (see, by analogy, Case C‑106/89 Marleasing [1990] ECR I-4135, paragraph 8, Joined Cases C‑378/07 to C-380/07 Angelidaki and Others [2009] ECR I-3071, paragraph 106). | 8 In order to reply to that question, it should be observed that, as the Court pointed out in its judgment in Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 26, the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts . It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 189 of the Treaty . | 1 |
9,713 | 46. It is not unusual that certain sectors of activity, in particular sectors involving public service utilities, such as those at issue in the main proceedings, are subject to rules which may have the effect of limiting the financial risks entailed. First, the detailed rules of public law, to which the economic and financial operation of the service is subject, facilitate the supervision of how that service is operated, and scale down the factors which may threaten transparency and distort competition. Second, it must remain open to the contracting authorities, acting in all good faith, to ensure the supply of services by way of a concession, if they consider that to be the best method of ensuring the public service in question, even if the risk linked to such an operation is limited ( Eurawasser , paragraphs 72 to 74). | 73. First, the detailed rules of public law, to which the economic and financial operation of the service is subject, facilitate the supervision of how that service is operated, and scale down the factors which may threaten transparency and distort competition. | 1 |
9,714 | 107. Next, provisions preventing or deterring a national of a Member State from leaving his country of origin, and thus from exercising his right to freedom of movement, therefore constitute an obstacle to that freedom, even if they apply without regard to the nationality of the workers concerned (see ITC , paragraph 33, and Case C-345/05 Commission v Portugal [2006] ECR I-10633, paragraph 16). | 17 It is therefore unnecessary to consider whether network cards could be classified as machines within the meaning of Note 5(B) to Chapter 84 of the Combined Nomenclature, since they cannot in any event be regarded as performing a specific function. | 0 |
9,715 | 26. First, it is apparent from the documents before the Court, in particular from the observations of the German Government, that (i) legal trainees are required to apply in practice the legal knowledge acquired during their studies and thus make a contribution, under the guidance of the training principal, to that person’s activities and (ii) legal trainees receive payment in the form of a monthly subsistence allowance for the duration of their training. In that regard, the Court has already held that, given that legal trainees carry out genuine and effective activity as an employed person they must be considered to be workers within the meaning of Article 39 EC (see, to that effect, Case C‑109/04 Kranemann [2005] ECR I‑2421, paragraphs 12 to 18). | 36. In order to determine whether the contracting authority exercises a control similar to that which it exercises over its own departments, it is necessary to take account of all the legislative provisions and relevant circumstances. It must follow from that examination that the successful tenderer is subject to a control enabling the contracting authority to influence that company’s decisions. It must be a case of a power of decisive influence over both strategic objectives and significant decisions of that company (see Case C-458/03 Parking Brixen [2005] ECR I‑0000, paragraph 65). | 0 |
9,716 | 38. The risk that the public might believe that the goods or services in question come from the same undertaking or, as the case may be, from economically-linked undertakings, constitutes a likelihood of confusion (see, inter alia, Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I–3819, paragraph 17; Case C-120/04 Medion [2005] ECR I–8551, paragraph 26; and Case C–102/07 adidas and adidas Benelux [2008] ECR I–2439, paragraph 28). | 51. First, according to Article 51(1) of the Charter, its provisions are addressed to the Member States only when they are implementing European Union law. Under Article 51(2), the Charter does not extend the field of application of European Union law beyond the powers of the Union, and it does not ‘establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties’. Accordingly, the Court is called upon to interpret, in the light of the Charter, the law of the European Union within the limits of the powers conferred on it. | 0 |
9,717 | 27
As a preliminary point, it is necessary to recall the Court’s case-law that each economic operator must determine independently the policy which it intends to adopt on the common market. Such a requirement of autonomy thus strictly precludes any direct or indirect contact between economic operators of such a kind as either to influence the conduct on the market of an actual or potential competitor or to reveal to such a competitor the conduct which an operator has decided to follow itself or contemplates adopting on the market, where the object or effect of those contacts is to give rise to conditions of competition which do not correspond to the normal conditions of the market in question (see, to that effect, judgment in T-Mobile Netherlands and Others, C‑8/08, EU:C:2009:343, paragraphs 32 and 33 and the case-law cited). | 46. In contrast, Article 35 EU confers no jurisdiction on the Court of Justice to entertain any action for damages whatsoever. | 0 |
9,718 | 28. En outre, les parties contractantes restent libres de convenir des niveaux de prise en charge des frais d’assistance juridique plus importants, moyennant éventuellement le paiement par l’assuré d’une prime plus élevée (voir, en ce sens, arrêt Stark, précité, point 34). | 62. In answering this question, it should be remembered that the exemptions provided for in Article 13 of the Sixth Directive constitute independent concepts of Community law which are intended to avoid divergences in the application of the VAT system as between one Member State and another and must be placed in the general context of the common system of VAT (see, in particular, Case C-240/99 Skandia [2001] ECR I-1951, paragraph 23). | 0 |
9,719 | 65. Whilst individuals are entitled to effective judicial protection of the rights they derive from the Community legal order ( Unión de Pequeños Agricultores v Council , paragraph 39; Commission v Jégo-Quéré , paragraph 29; and C‑15/06 P Regione Siciliana v Commission , paragraph 39), invoking the right to such protection cannot call into question the conditions laid down in Article 230 EC. | 44. It should be recalled that Directive 91/440 instigated the liberalisation of rail transport, aiming to ensure equitable and non-discriminatory access to infrastructure by rail undertakings. For the purpose of ensuring such access, the first subparagraph of Article 6(3) of Directive 91/440 established the principle that the body responsible for essential functions listed in Annex II to the directive should be independent. | 0 |
9,720 | 35. However, it should be pointed out that where the grounds of a judgment of the General Court disclose an infringement of EU law but the operative part of the judgment is shown to be well founded for other legal reasons, the appeal must be dismissed (Case C‑210/98 P Salzgitter v Commission [2000] ECR I‑5843, paragraph 58, and Case C‑352/09 P ThyssenKrupp Nirosta v Commission [2011] ECR I‑2359, paragraph 136). | 24. While it is true that the second subparagraph of Article 1(d) of Directive 89/48 provides that the professions covered by that provision are to be deemed to be regulated professions where they are pursued by a member of the organisation or association concerned, that deemed equivalence, as observed by the Advocate General in point 57 of his Opinion, is not full equivalence, and those professions do not constitute regulated professions within the meaning of Article 1(c) of that directive. Consequently, the recognition mechanism provided for in point (a) of the first subparagraph of Article 3 thereof cannot, contrary to the Court’s ruling in paragraphs 45 and 47 of Price , be relied on by members of such professions who apply for recognition. Furthermore, contrary to what seems to follow from paragraphs 36, 45, 46 and 48 of Price , it is the mechanism of recognition provided for in point (b) of the first subparagraph of Article 3 of Directive 89/48 which is applicable to a profession falling under the second subparagraph of Article 1(d) of that directive. | 0 |
9,721 | 53 As the national court rightly observes, the Court took the view, in paragraphs 8 to 11 of Defrenne II, that Article 119 of the Treaty pursues a twofold purpose, both economic and social. | 47. Therefore, having regard to the principles applicable in relation to freedom of movement for workers and extended to Turkish workers who enjoy the rights recognised by Decision No 1/80, national courts must take into consideration, in reviewing the lawfulness of the expulsion of a national of another Member State, factual matters which occurred after the final decision of the competent authorities which may point to the cessation or the substantial diminution of the present threat which the conduct of the person concerned constitutes to the requirements of public policy. | 0 |
9,722 | 31 It also follows from the above provisions that an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. The Court of First Instance has exclusive jurisdiction, first, to establish the facts except where the substantive inaccuracy of its findings is apparent from the documents submitted to it and, second, to assess those facts. When the Court of First Instance has established or assessed the facts, the Court of Justice has jurisdiction under Article 168a of the Treaty to review the legal characterisation of those facts by the Court of First Instance and the legal conclusions it has drawn from them (see, inter alia, Brazzelli Lualdi, paragraphs 48 and 49, and Deere, paragraph 21). | 49. The exporting producers stated, during the administrative procedure, that the Community producers which had applied an alloy surcharge to steel wires had fixed its amount in the same way as the steel bar producers, by multiplying the alloy surcharge applied to flat steel products by a factor of 1.35, the objective effect of which was automatically to mirror, in the markets for those products, the artificial price increases achieved through the concerted action between the flat product producers. | 0 |
9,723 | 63
As observed by the Advocate General in point 85 of his Opinion, as regards work relationships in the transport sector, the Court, in the judgments of 15 March 2011, Koelzsch (C‑29/10, EU:C:2011:151, paragraph 49), and of 15 December 2011, Voogsgeerd (C‑384/10, EU:C:2011:842, paragraphs 38 to 41), mentioned several indicia that might be taken into consideration by the national courts. Those courts must, in particular, determine in which Member State is situated (i) the place from which the employee carries out his transport-related tasks, (ii) the place where he returns after his tasks, receives instructions concerning his tasks and organises his work, and (iii) the place where his work tools are to be found. | 28. In that regard, it must be noted, firstly, that the essential feature of a charge having equivalent effect to a customs duty which distinguishes it from an internal tax is that the former is borne solely by a product which crosses a frontier, as such, whilst the latter is borne by imported, exported and domestic products (see, to that effect, judgment in Michaïlidis , C‑441/98 and C‑442/98, EU:C:2000:479, paragraph 22). | 0 |
9,724 | 62. It is clear from the case-law of the Court that, under the second indent of Article 293 EC, the abolition of double taxation is one of the objectives of the European Community to be attained by the Member States. In the absence of unifying or harmonising measures at Community level for the elimination of double taxation, the Member States retain competence for determining the criteria for taxation on income and wealth with a view to eliminating double taxation by means, inter alia, of international agreements. In those circumstances, the Member States remain at liberty to determine the connecting factors for the allocation of fiscal jurisdiction by means of bilateral agreements (see Case C‑336/96 Gilly [1998] ECR I‑2793, paragraphs 24 and 30; Case C‑307/97 Saint-Gobain ZN [1999] ECR I‑6161, paragraph 57; Case C‑265/04 Bouanich [2006] ECR I‑923, paragraph 49; and also Denkavit Internationaal and Denkavit France , paragraph 43). | 49. It is to be noted that under the second indent of Article 293 EC, the abolition of double taxation is one of the objectives of the Community to be attained by the Member States. In the absence of unifying or harmonising measures at Community level for the elimination of double taxation, the Member States retain competence for determining the criteria for taxation on income and wealth with a view to eliminating double taxation by means, inter alia, of international agreements. In those circumstances, the Member States remain at liberty to determine the connecting factors for the allocation of fiscal jurisdiction by means of bilateral agreements (see Case C-336/96 Gilly [1998] ECR I-2793, paragraphs 24 and 30; Saint-Gobain , paragraph 57; and D. , paragraph 52). | 1 |
9,725 | 75 Secondly, it should be recalled that the case which led to the judgment in Kuwait Petroleum, cited above, concerned vouchers offered by a petrol company to consumers with the purchase of a certain quantity of fuel which could be exchanged free of charge for gifts chosen from a special catalogue. The Court held that the offer of such gifts could not be regarded as constituting a rebate or discount under Article 11(A)(3)(b) of the Sixth Directive but was to be deemed to be a supply for valuable consideration and thus a taxable transaction under Article 5(6) of the Sixth Directive (Kuwait Petroleum, paragraphs 16, 17 and 31). Under that provision, the application by a taxable person of goods forming part of his business assets for his private use or that of his staff, or the disposal thereof free of charge, where the value added tax on the goods in question was wholly or partly deductible, are to be treated as supplies made for consideration. | 90
The Commission adds that DEI’s argument that it is for the national court, in the context of interlocutory proceedings, to notify the Commission and to subject to its preventive review any new measure granting new aid or altering existing aid is borne out by the judgment of 18 July 2007, Lucchini (C‑119/05, EU:C:2007:434, paragraphs 59 to 63), from which it is apparent that exclusive competence of the Commission and the primacy of EU law preclude the national court from applying a national measure where its application would be an obstacle to the recovery of the State aid. | 0 |
9,726 | 49. As regards the argument of the United Kingdom Government derived from the case-law of the Court to the effect that unlawful transactions fall outside the scope of VAT, it must be observed, first, that that case-law concerns products which by their very nature and because of their special characteristics may not be marketed or incorporated into economic channels. Second, it is settled case-law that the principle of fiscal neutrality prevents there being any general distinction as between lawful and unlawful transactions. Consequently, the mere fact that conduct amounts to an offence is not sufficient to justify exemption from VAT. That exemption applies only in specific situations where, owing to the special characteristics of certain products or certain services, any competition between a lawful economic sector and an unlawful sector is precluded (see, inter alia, Case C-158/98 Coffeeshop ‘Siberië’ [1999] ECR I-3971, paragraphs 14 and 21, and Case C-455/98 Salumets and Others [2000] ECR I-4993, paragraph 19). | 36 It is therefore clear that migrant workers are guaranteed certain rights linked to the status of worker even when they are no longer in an employment relationship . | 0 |
9,727 | 33. An injunction issued by a court of a Member State requiring a party to arbitration proceedings not to continue proceedings before a court of another Member State is contrary to the general principle which emerges from the case-law of the Court that every court seised itself determines, under the applicable rules, whether it has jurisdiction to resolve the dispute before it. It should be borne in mind in that regard that Regulation No 44/2001, apart from a few limited exceptions, does not authorise the jurisdiction of a court of a Member State to be reviewed by a court in another Member State. That jurisdiction is determined directly by the rules laid down by that regulation, including those relating to its scope. Thus in no case is a court of one Member State in a better position to determine whether the court of another Member State has jurisdiction (see judgment in Allianz and Generali Assicurazioni Generali , C‑185/07, EU:C:2009:69, paragraph 29). | 101. Finally, it is common ground that the appellant, a United Kingdom national, has passed a significant part of her life in the United Kingdom. | 0 |
9,728 | 55. The general principle of equal treatment, of which the principle of fiscal neutrality is the reflection in matters relating to VAT (see Case C-309/06 Marks & Spencer [2008] ECR I-2283, paragraph 49; Case C-174/08 NCC Construction Danmark [2009] ECR I-10567, paragraphs 41 and 44; and Joined Cases C-259/10 and C-260/10 The Rank Group [2011] I-10947, paragraph 61), requires similar situations not to be treated differently unless differentiation is objectively justified (see Marks & Spencer , paragraph 51; NCC Construction Danmark , paragraph 44; and Case C-285/10 Campsa Estaciones de Servicio [2011] ECR I-5059, paragraph 29). | 53. En effet, la clause 2, point 2, de l’accord-cadre ouvre aux États membres et/ou aux partenaires sociaux la faculté de soustraire du domaine d’application de cet accord-cadre les «relations de formation professionnelle initiale et d’apprentissage» ainsi que les «contrats ou relations de travail conclus dans le cadre d’un programme de formation, insertion et reconversion professionnelles public spécifique ou soutenu par les pouvoirs publics» (arrêt Adeneler e.a., précité, point 57). | 0 |
9,729 | 17 Nevertheless, it considers that the Court does have jurisdiction to give a ruling in this case. It relies, in particular, on the judgment in Joined Cases C-297/88 and C-197/89 Dzodzi ([1990] ECR I-3763, paragraph 37) and on the fact that the relevant provisions of the Code are applicable to the case before the national court, albeit only on the basis of domestic law. | 29. Accordingly, it has been held that the harmonisation of those national laws is not limited to minimal harmonisation but amounts to harmonisation which is generally complete. It is upon that view that Directive 95/46 is intended to ensure free movement of personal data while guaranteeing a high level of protection for the rights and interests of the individuals to whom such data relate ( Lindqvist , paragraph 96). | 0 |
9,730 | 54. In those circumstances, the Community Court must restrict itself to considering whether the exercise of that discretion is vitiated by manifest error or misuse of powers and whether the Community institutions clearly exceeded the bounds of their discretion (see Antillean Rice Mills and Others v Commission , cited above, paragraph 48, Case C-110/97 Netherlands v Council , cited above, paragraph 62, and Case C-301/97 Netherlands v Council , cited above, paragraph 74). | 18 AS REGARDS THE FORM OF THE OPINION OF THE COMPETENT AUTHORITY , IT IS EVIDENT FROM THE OBJECTIVES OF THE SYSTEM PROVIDED FOR BY THE DIRECTIVE THAT THE OPINION MUST BE DULY NOTIFIED TO THE PERSON CONCERNED BUT THE DIRECTIVE DOES NOT REQUIRE THE OPINION TO IDENTIFY BY NAME THE MEMBERS OF THE AUTHORITY OR INDICATE THEIR PROFESSIONAL STATUS .
| 0 |
9,731 | 28. La procédure en manquement permet en effet de déterminer la portée exacte des obligations des États membres en cas de divergences d’interprétation (voir arrêt du 14 décembre 1971, Commission/France, 7/71, Rec. p. 1003, point 49) et repose sur la constatation objective du non-respect par un État membre des obligations que lui imposent le traité CE ou un acte de droit dérivé (voir arrêts du 18 janvier 2001, Commission/Espagne, C-83/99, Rec. p. I-445, point 23, et du 14 septembre 2004, Commission/Italie, C-385/02, Rec. p. I-8121, point 40). Elle constitue comme telle l’ultima ratio d’imposer le respect du droit communautaire en faisant prévaloir les intérêts communautaires consacrés par le traité en dépit de la résistance des États membres (voir, en ce sens, arrêt du 15 juillet 1960, Pays-Bas/Haute Autorité, 25/59, Rec. p. 723, 761). Pour cette raison, le présent recours conserve également un intérêt. | 44 Maintaining the good reputation of the national financial sector may therefore constitute an imperative reason of public interest capable of justifying restrictions on the freedom to provide financial services. | 0 |
9,732 | 38. In those circumstances, in order to determine the market to which Article 2 refers, that provision must be interpreted in the light of the context in which it occurs and the objective pursued by the rules of which it is part (see, to that effect, Case 292/82 Merck [1983] ECR 3781, paragraph 12; Case C-34/05 Schouten [2007] ECR I-1687, paragraph 25; Case C-466/07 Klarenberg [2009] ECR I-803, paragraph 37, and Case C-433/08 Yaesu Europe [2009] ECR I-11487, paragraph 24). | 33. Therefore, in order to protect not only the firms directly concerned, but also the normal functioning of the markets in financial instruments of the European Union, Article 54(1) of Directive 2004/39 imposes, as a general rule, the obligation to maintain professional secrecy. | 0 |
9,733 | 29 First, it is settled case-law that a decision adopted by a Community institution which has not been challenged by its addressee within the time-limit laid down by the fifth paragraph of Article 230 EC becomes definitive as against that person (see, inter alia, Case 156/77 Commission v Belgium [1978] ECR 1881, paragraphs 20 to 24, Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraphs 9 and 10, and Case C-188/92 TWD Textilwerke Deggendorf v Germany [1994] ECR I-833, paragraph 13). Such a rule is based in particular on the consideration that the periods within which legal proceedings must be brought are intended to ensure legal certainty by preventing Community measures which produce legal effects from being called in question indefinitely (Case C-178/95 Wiljo v Belgian State [1997] ECR I-585, paragraph 19). | 54. It must be noted, however, that although the objective reason provided for in national rules such as those at issue in the main proceedings may, in principle, be accepted, the competent authorities must ensure that the actual application of those national rules satisfies the requirements of the Framework Agreement, having regard to the particular features of the activity concerned and to the conditions under which it is carried out. In the application of the relevant provision of national law, those authorities must therefore be in a position to identify objective and transparent criteria in order to verify whether the renewal of such contracts actually responds to a genuine need and is appropriate for achieving the objective pursued and necessary for that purpose (see Kücük , paragraph 34). | 0 |
9,734 | 11 Consequently, by including the selling, administrative and other general expenses of sales subsidiaries in the constructed normal value it is possible to avoid a situation where expenses necessarily included in the selling price of a product when it is sold by a sales department forming part of the manufacturer' s organization are not included when that product is sold by a company which, although financially controlled by the manufacturer, is a legally distinct entity (judgment in Joined Cases 260/85 and 106/86 TEC v Council [1988] ECR 5855, at paragraph 29). | 27
Accordingly, the Court has held that Directive 2005/85 applies to applications for subsidiary protection only where a Member State has established a single procedure, under which an application is examined by reference to both forms of international protection, namely asylum and subsidiary protection (judgment of 8 May 2014, N., C‑604/12, EU:C:2014:302, paragraph 39). | 0 |
9,735 | 74 The question whether, in laying down such criteria and/or thresholds, a Member State goes beyond the limits of its discretion cannot be determined in relation to the characteristics of a single project, but depends on an overall assessment of the characteristics of projects of that nature which could be envisaged in the Member State concerned (Kraaijeveld, paragraph 52). | 46. In that connection women taking maternity leave provided for by national legislation are in a special position which requires them to be afforded special protection, but which is not comparable, in particular, either with that of a man or with that of a woman actually at work ( Gillespie, paragraph 17). Therefore they cannot usefully rely on the provisions of Article 119 of the Treaty to argue that they should continue to receive full pay while on maternity leave as though they were actually working, like other workers ( Gillespie , paragraph 20). | 0 |
9,736 | 27. In that connection, it should be borne in mind that the Court has already held that every case in which the question arises as to whether a national procedural provision makes the application of Community law impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its progress and its special features, viewed as a whole, before the various national bodies. For those purposes, account must be taken, where appropriate, of the basic principles of the domestic judicial system, such as protection of the rights of the defence, the principle of legal certainty and the proper conduct of procedure (Case C-312/93 Peterbroeck [1995] ECR I-4599, paragraph 14). | 104
It should be recalled that in its Advisory Opinion on Western Sahara, to which the General Court itself referred in paragraph 8 of the judgment under appeal, the International Court of Justice considered that, on the one hand, Western Sahara ‘at the time of colonisation by [the Kingdom of] Spain was not a territory belonging to no-one (terra nullius)’, and, on the other, that the elements and information brought to its knowledge ‘[did] not establish any tie of territorial sovereignty’ between that territory and the Kingdom of Morocco. | 0 |
9,737 | 98. However, that incorrect reference to Article 133 EC as a second legal basis for the Directive does not of itself mean that the latter is invalid. Such an error in the legal basis relied on for a Community measure is no more than a purely formal defect, unless it gave rise to irregularity in the procedure applicable to the adoption of that act (see, to that effect, Case 165/87 Commission v Council [1988] ECR 5545, paragraph 19), a matter which, in the case of the Directive, is the subject of Question 1(b), considered in paragraphs 100 to 111 below. | 6 By judgment of 5 October 1995 in Case C-125/94 Aprile v Amministrazione delle Finanze dello Stato [1995] ECR I-2919, hereinafter `Aprile I') the Court held, first, that Directive 83/643, as amended by Directive 87/53, was not applicable to customs formalities in respect of goods from non-member countries, and, second, that the Member States were not entitled unilaterally to impose charges having equivalent effect in trade with those countries. | 0 |
9,738 | 38. As regards the distortion of the facts alleged by Intra-Presse, it should be borne in mind that, under Article 256(1) TFEU and the first paragraph of Article 58 of the Statute of the Court of Justice of the European Union, an appeal is to be limited to points of law. The General Court has exclusive jurisdiction to find and appraise the relevant facts and to assess the evidence. The appraisal of those facts and the assessment of that evidence thus do not, save where the facts or evidence are distorted, constitute points of law open, as such, to review by the Court of Justice on appeal (see, inter alia, the judgments in DKV v OHIM , C‑104/00 P, EU:C:2002:506, paragraph 22, and Storck v OHIM , C‑25/05 P, EU:C:2006:422, paragraph 40). | 82 Second, it is necessary to verify whether, as also contended by the Commission, there is unequal treatment as between vehicles with more than three axles using the full itinerary and vehicles with up to three axles following the same itinerary. | 0 |
9,739 | 51. In those judgments, the Court held that, where a benefit granted by a bilateral tax convention cannot be classified as a benefit that is separable from that convention, but contributes to its overall balance (the fact that the reciprocal rights and obligations arising under that convention apply only to persons resident in one of the two contracting Member States being an inherent consequence of bilateral conventions), Community law does not preclude the benefit in question from not being conferred on the resident of a third Member State, in so far as that resident is not in a situation comparable to that of residents covered by the convention in question (see, to that effect, D. , paragraphs 59 to 63, and Test Claimants in Class IV of the ACT Group Litigation , paragraphs 88 to 93). | 25 In any event it must be noted that the taxable amount in respect of a supply of services is everything which makes up the consideration for the service (see, inter alia, Tolsma, cited above, paragraph 13). | 0 |
9,740 | 62. Consequently, in the main proceedings, it is only if and in so far as, pursuant to the EU and FEU Treaties, the European Union has assumed the powers previously exercised by its Member States in the field, as set out in paragraphs 57 to 59 of the present judgment, to which that international convention applies that the convention’s provisions would have the effect of binding the European Union (see, to this effect, International Fruit Company and Others , paragraph 18; Case C‑379/92 Peralta [1994] ECR I‑3453, paragraph 16; and Case C‑301/08 Bogiatzi [2009] ECR I‑10185, paragraph 25). | 39 If the repackaging is carried out in conditions which cannot affect the original condition of the product inside the packaging, the essential function of the trade mark as a guarantee of origin is safeguarded. The consumer or end user is not misled as to the origin of the products, and does in fact receive products manufactured under the sole supervision of the trade mark owner. | 0 |
9,741 | 58. Moreover, it is apparent from the findings made in paragraphs 53 to 55 of this judgment that, unlike what was found in paragraph 56 of the judgment in United Kingdom v Council (EU:C:2013:589) regarding the EEA Agreement, Regulation No 1408/71 was not incorporated into the EEC-Turkey Agreement or its Additional Protocol so as to extend to Turkey the rules on the coordination of social security systems contained in it. Similarly, contrary to what was found in paragraphs 57 and 58 of the judgment in United Kingdom v Council (EU:C:2014:97) concerning the EC-Switzerland Agreement on the Free Movement of Persons, it is apparent that the contracting parties to the EEC-Turkey Agreement did not intend to apply amongst themselves Regulations Nos 1408/71 and 574/72 in their entirety and that Turkey cannot be equated with a Member State for the purposes of the application of those regulations. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,742 | 53. It follows that all the international commitments challenged in this action must be assessed in relation to the provisions of Community law cited by the Commission in support of this action (see, to that effect, Commission v Denmark , paragraphs 36 to 42; Commission v Sweden , paragraphs 34 to 40; Commission v Finland , paragraphs 36 to 42; Commission v Belgium , paragraphs 47 to 53; Commission v Luxembourg , paragraphs 42 to 48, and Commission v Austria , paragraphs 46 to 52). | 27. En effet, d’une part, pour autant qu’elle oblige le cessionnaire à exercer l’activité cédée, une telle convention constitue un marché public portant sur la fourniture de services visés à l’annexe II de la directive 2004/18, à l’exception du mode de rémunération, la contrepartie de la fourniture de services de télévision consistant dans le droit d’exploiter l’activité concernée, conformément à la définition figurant audit article 1 er , paragraphe 4. D’autre part, la condition selon laquelle le risque lié à l’exploitation de cette activité doit être transféré au concessionnaire (voir en ce sens, notamment, arrêts du 11 juin 2009, Hans & Christophorus Oymanns, C‑300/07, Rec. p. I‑4779, point 72, ainsi que du 10 mars 2011, Privater Rettungsdienst und Krankentransport Stadler, C‑274/09, Rec. p. I‑1335, point 26 et jurisprudence citée) est également remplie dans le cadre de cette convention. | 0 |
9,743 | 30. For the purposes of determining whether a product must be classified as a medicinal product or as a foodstuff within the meaning of the Community regulations, the competent national authority must decide on a case-by-case basis, taking account of all the characteristics of the product, in particular its composition, its pharmacological properties, to the extent to which they can be established in the present state of scientific knowledge, the manner in which it is used, the extent of its distribution, its familiarity to consumers and the risks which its use may entail (see Van Bennekom , cited above, paragraph 29; Case C-369/88 Delattre [1991] ECR I-1487, paragraphs 26 and 35; Case C-60/89 Monteil and Samanni [1991] ECR I-1547, paragraph 29; Case C-112/89 Upjohn (‘ Upjohn I ’) [1991] ECR I-1703, paragraph 23; Case C-290/90 Commission v Germany [1992] ECR I-3317, paragraph 17; and Case C-150/00 Commission v Austria [2004] ECR I-3891, paragraph 64). | 34 Thus, on 8 February 1983 the Commission submitted a proposal for a Council Regulation implementing within the European Economic Community Decision No 3/80 (OJ 1983 C 110, p. 1). | 0 |
9,744 | 66. Various factors, set out in paragraphs 291 to 327 of the Kadi judgment, were advanced in support of the position stated by the Court in that judgment, and there has been no change in those factors which could justify reconsideration of that position, those factors being, essentially, bound up with the constitutional guarantee which is exercised, in a Union based on the rule of law (see Case C‑550/09 E and F [2010] ECR I‑6213, paragraph 44, and the judgment of 26 June 2012 in Case C‑335/09 P Poland v Commission [2012] ECR I‑0000, paragraph 48), by judicial review of the lawfulness of all European Union measures, including those which, as in the present case, implement an international law measure, in the light of the fundamental rights guaranteed by the European Union. | 60. It is apparent from the case-law cited in paragraph 58 of this judgment that the proprietor of the mark cannot oppose the use of a sign identical with the mark on the basis of Article 5(1)(a) of Directive 89/104 if that use is not liable to cause detriment to any of the functions of that mark (see also Arsenal Football Club , paragraph 54, and Adam Opel , paragraph 22). | 0 |
9,745 | 29
The Court has held that an evaluation committee must be able to have some leeway in carrying out its task and, thus, it may, without amending the contract award criteria set out in the tender specifications or the contract notice, structure its own work of examining and analysing the submitted tenders (see judgment of 21 July 2011 in Evropaïki Dynamiki v EMSA, C‑252/10 P, not published, EU:C:2011:512, paragraph 35). | 48. Finally, in order to provide the national court with an answer which will be of use to it and enable it to determine the case before it, its attention should be drawn to Article 90(c) of Directive 2001/83, the potential relevance of which was referred to by the Commission in its written observations. It should be borne in mind that the Court may find it necessary to consider provisions of Community law to which the national court has not referred in its question (see Case C‑421/04 Matratzen Concord [2006] ECR I‑2303, paragraph 18). | 0 |
9,746 | 41. Article 27 of Regulation No 1408/71 concerns a pensioner who is entitled to draw pensions under the legislation of two or more Member States, including that of his Member State of residence, and is entitled to sickness and maternity benefits in that Member State. That article, in conjunction with Article 28 of the regulation, has the purpose of determining, first, the institution responsible for providing persons entitled to a pension with those sickness and maternity benefits and, secondly, the institution responsible for bearing the cost (see, to that effect, judgment in Rundgren , C‑389/99, EU:C:2001:264, paragraphs 43 and 44). | 66. As the case-law shows, the maintenance of the effects of a Union measure which has been annulled or declared invalid, the purpose of which is to prevent a legal vacuum from arising before a new measure replaces the measure thus annulled or declared invalid (see, in particular, Case C‑157/02 Rieser Internationale Transporte [2004] ECR I‑1477, paragraph 60), may be justified where overriding considerations of legal certainty involving all the interests, public as well as private, are at stake (see, in particular, Régie Networks , paragraph 122 and case‑law cited) and during the period of time necessary in order allow such illegality to be remedied (see to that effect, in particular, Kadi and Al Barakaat International Foundation v Council and Commission , paragraph 375, and Régie Networks , paragraph 126). | 0 |
9,747 | Furthermore, according to settled case-law, it follows from the second subparagraph of Article 256(1) TFEU, the first paragraph
of Article 58 of the Statute of the Court of Justice of the European Union and Article 168(1)(d) of the Rules of Procedure
of the Court of Justice that an appeal must indicate precisely the contested elements of the judgment which the appellant
seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see, in particular, judgments
of 4 September 2014 in Spain v Commission, C‑197/13 P, EU:C:2014:2157, paragraph 43, and of 5 March 2015 in Ezz and Others v Council, C‑220/14 P, EU:C:2015:147, paragraph 111). In this regard, Article 169(2) of the Rules of Procedure of the Court of Justice
specifies that the pleas in law and legal arguments relied on must identify precisely those points in the grounds of the decision
of the General Court which are contested. | 23 It follows from the foregoing that a survivor's pension paid under an occupational pension scheme of the kind in issue in the main proceedings, which essentially arises from the employment of the beneficiary's spouse, is linked to the latter's pay and falls within the scope of Article 119 of the Treaty. | 0 |
9,748 | 47. Finally, according to consistent case-law, even if the ‘standstill’ clause set out in Article 41(1) of the Additional Protocol is not, in itself, capable of conferring on Turkish nationals – on the basis of Community legislation alone – a right of establishment or, as a corollary, a right of residence, nor a right to freedom to provide services or to enter the territory of a Member State (see Savas , paragraphs 64 and 71, third indent; Abatay and Others , paragraph 62; and Tum and Dari , paragraph 52), the fact remains that such a clause prohibits generally the introduction of any new measures having the object or effect of making the exercise by a Turkish national of those economic freedoms on the territory of that Member State subject to stricter conditions than those which applied to him at the time when the Additional Protocol entered into force with regard to the Member State concerned (see Savas , paragraphs 69 and 71, fourth indent; Abatay and Others , paragraphs 66 and 117, second indent; and Tum and Dari , paragraphs 49 and 53). | 19. Toutefois, aux fins de son interprétation, l’article 12, sous a), de la directive 95/46 ne saurait être examiné dans la seule version en langue néerlandaise. En effet, conformément à une jurisprudence constante, la nécessité d’une application et, dès lors, d’une interprétation uniformes d’un acte de l’Union exclut que celui-ci soit considéré isolément dans une de ses versions, mais exige qu’il soit interprété en fonction tant de la volonté réelle de son auteur que du but poursuivi par ce dernier, à la lumière, notamment, des versions établies dans toutes les langues (voir, notamment, arrêts du 12 novembre 1969, Stauder, 29/69, Rec. p. 419, point 3; du 8 décembre 2005, Jyske Finans, C‑280/04, Rec. p. I‑10683, point 31, ainsi que du 7 juillet 2011, IMC Securities, C‑445/09, Rec. p. I‑5917, point 25). | 0 |
9,749 | 130. It is to be remembered that the framework established by Directive 77/799 for cooperation between the competent authorities of the Member States does not exist between those authorities and the competent authorities of a non‑member State where that State has not entered into any undertaking of mutual assistance (see Commission v Italy , paragraph 70, and Établissements Rimbaud , paragraph 41). | 41 Such a general exclusion from access to certain occupations cannot be justified on the grounds of public policy, public security or public health referred to in Articles 48(3) and 56 of the Treaty. | 0 |
9,750 | 45. Article 174 EC states that Community policy on the environment is to aim at a high level of protection and is based, inter alia, on the principle that the polluter should pay. That provision is therefore confined to defining the general environmental objectives of the Community, since Article 175 EC confers on the Council of the European Union responsibility for deciding what action is to be taken, where appropriate following the codecision procedure with the European Parliament (see, to that effect, Case C‑379/92 Peralta [1994] ECR I‑3453, paragraphs 57 and 58). | 58 Article 130r does not therefore preclude legislation of the kind in question in the main proceedings. | 1 |
9,751 | 34
Both their collection and their use by the various tax authorities at issue in the case in the main proceedings therefore constitute ‘processing of personal data’ within the meaning of Article 2(b) of that directive (see, to that effect, judgments of 20 May 2003, Österreichischer Rundfunk and Others, C‑465/00, C‑138/01 and C‑139/01, EU:C:2003:294, paragraph 64; of 16 December 2008, Huber, C‑524/06, EU:C:2008:724, paragraph 43; and of 1 October 2015, Bara and Others, C‑201/14, EU:C:2015:638, paragraph 29). | 37
Thus, where an appeal merely repeats or reproduces verbatim the pleas in law and arguments submitted to the General Court, including those based on facts expressly rejected by that Court, it fails to satisfy the requirement to state reasons under those provisions. Such an appeal amounts in reality to no more than a request for re-examination of the application submitted to the General Court, a matter which falls outside the jurisdiction of the Court of Justice (see judgment of 4 September 2014, Spain v Commission, C‑192/13 P, EU:C:2014:2156, paragraph 44 and the case-law cited). | 0 |
9,752 | 38. It is settled case-law that any national court, hearing a case within its jurisdiction, has, as an organ of a Member State, the obligation, pursuant to the principle of cooperation set out in Article 10 EC, fully to apply the directly applicable European Union law and to protect the rights which the latter confers upon individuals, disapplying any provision of national law which may be to the contrary, whether the latter is prior to or subsequent to the rule of European Union law (see, to that effect, inter alia, Case 106/77 Simmenthal [1978] ECR 629, paragraphs 16 and 21, and Case C-213/89 Factortame and Others [1990] ECR I-2433, paragraph 19). | 20. As the Greek Government and the Commission have rightly observed, since the Directive governs only the recognition and enforcement of certain categories of claims which arise in another Member State, without setting out rules relating to their accrual or their scope, the provisions of the Directive must be considered procedural rules. | 0 |
9,753 | 33. The position is otherwise where the holding in another company is accompanied by direct or indirect involvement in the management of the company in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder ( Polysar Investments Netherlands , paragraph 14; Floridienne and Berginvest , paragraph 18; Cibo Participations , paragraph 20; and Case C-29/08 SKF [2009] ECR I-10413, paragraph 30). | 110 In that connection, it must be pointed out that the obligation to take into account the turnover for the preceding business year arises at the stage of the final decision of the Commission for the purposes of determining the maximum amount of the fine. The need to ascertain that turnover therefore arises after the hearing of the undertakings, which is designed to enable them to submit their observations on the objections raised against them. Furthermore, it arises only if, at the end of the hearing, the Commission considers that the infringement has been established. Accordingly, the appellants' argument is irrelevant for the purposes of establishing, in the present case, the existence of an obligation to hold a new hearing. | 0 |
9,754 | 34. In the context of that procedure for making a reference, the national court, which alone has direct knowledge of the facts of the case, is in the best position to assess, with full knowledge of the matter before it, the need for a preliminary ruling to enable it to give judgment (Case C-83/91 Meilicke [1992] ECR I-4871, paragraph 23; C-146/93 McLachlan [1994] ECR I-3229, paragraph 20; Case C-412/93 Leclerc-Siplec [1995] ECR I-179, paragraph 10; and C-167/01 Inspire Art [2003] ECR I-10155, paragraph 43. | 20 It is settled case-law that it is solely for the national courts before which actions are brought, and which must bear the responsibility for the subsequent judicial decision, to determine in the light of the special features of each case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court (see, for instance, the judgments in Case C-127/92 Enderby v Frenchay Health Authority [1993] ECR I-5535, paragraph 10, and Joined Cases C-332/92, C-333/92 and C-335/92 Eurico Italia and Others v Ente Nazionale Risi, 3 March 1994, not yet published in the ECR, paragraph 17). | 1 |
9,755 | 34. As a preliminary point, it must be observed that, according to consistent case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation obtaining in the Member State at the end of the period laid down in the reasoned opinion (see, inter alia, Case C‑173/01 Commission v Greece [2002] ECR I‑6129, paragraph 7; Case C‑519/03 Commission v Luxembourg [2005] ECR I‑3067, paragraph 18; and Case C‑562/07 Commission v Spain [2009] ECR I‑0000, paragraph 23). | 21. À cet égard, il y a lieu de rappeler que, en premier lieu, un recours en annulation introduit contre une décision ordonnant la récupération d’une aide n’a pas d’effet suspensif et que, en l’espèce, ainsi qu’il a été indiqué au point 5 du présent arrêt, aucune des requérantes devant le Tribunal n’a demandé la suspension de l’exécution de la décision. En tout état de cause, ces recours ont été rejetés par le Tribunal. | 0 |
9,756 | 35. Second, it should also be noted that the right to deduct provided for in Article 17 et seq. of the Sixth Directive is an integral part of the VAT scheme and in principle may not be limited. The right to deduct is exercisable immediately in respect of all the taxes charged on transactions relating to inputs (see, in particular, Case C-62/93 BP Soupergaz [1995] ECR I-1883, paragraph 18; Joined Cases C-110/98 to C-147/98 Gabalfrisa and Others [2000] ECR I-1577, paragraph 43; Case C-437/06 Securenta [2008] ECR I-1597, paragraph 24; and Case C-102/08 SALIX Grundstücks-Vermietungsgesellschaft [2009] ECR I-4629, paragraph 70). Any limitation of the right to deduct VAT affects the level of the tax burden and must be applied in a similar manner in all the Member States. Consequently, derogations are permitted only in the cases expressly provided for in the Sixth Directive (Case C-97/90 Lennartz [1991] ECR I-3795, paragraph 27, and BP Soupergaz , paragraph 18). | 94. ELFAA submits that the low-fare airlines which it represents suffer discriminatory treatment since the measures prescribed in those articles impose the same obligations on all air carriers without distinction on the basis of their pricing policies and the services that they offer. Furthermore, Community law does not impose the same obligations on other means of transport. | 0 |
9,757 | 22
It should be borne in mind that, according to the preambles to the First and Second Directives, the aim of those directives is, first, to ensure the free movement of vehicles normally based in the territory of the European Union and of persons travelling in those vehicles and, second, to guarantee that the victims of accidents caused by those vehicles receive comparable treatment irrespective of where in the European Union the accident occurred (judgment of 23 October 2012, Marques Almeida, C‑300/10, EU:C:2012:656, paragraph 26 and the case-law cited). | 31 AS ARTICLE 90 ( 3 ) DOES IN FACT CONCERN THE POWERS OF THE INSTITUTIONS AND AS THE CONTESTED DIRECTIVE IMPOSES OBLIGATIONS ON MEMBER STATES IN THE SPHERE OF AIDS , ON WHICH THE ECSC TREATY ITSELF CONTAINS RULES AFFECTING MEMBER STATES AND UNDERTAKINGS OPERATING ON THE MARKET IN COAL AND STEEL , IT FOLLOWS DIRECTLY FROM ARTICLE 232 OF THE EEC TREATY THAT THE CONTESTED DIRECTIVE CANNOT APPLY TO RELATIONS WITH SUCH UNDERTAKINGS . FOR THAT REASON , THE DIRECTIVE IS NOT VITIATED BY ANY ILLEGALITY ON THAT POINT , ALTHOUGH IT WOULD UNDOUBTEDLY HAVE BEEN PREFERABLE IN THE INTEREST OF LEGAL CLARITY IF THE EXCLUSION OF THOSE UNDERTAKINGS HAD BEEN APPARENT FROM THE ACTUAL TERMS OF THE DIRECTIVE .
| 0 |
9,758 | 19. However, the Court stated that neither Article 10 of Directive 2003/87 nor any other provision of the directive concerns the use of those emission allowances or expressly restricts the right of Member States to adopt measures which may affect the economic implications of using such allowances (judgment in Iberdrola and Others , EU:C:2013:660, paragraph 28). | En ce qui concerne la deuxième branche du deuxième moyen du pourvoi, il convient de rappeler qu’il résulte de la jurisprudence de la Cour que la notion de « pratique concertée », au sens l’article 81, paragraphe 1, CE, vise une forme de coordination entre entreprises qui, sans avoir été poussée jusqu’à la réalisation d’une convention proprement dite, substitue sciemment une coopération pratique entre elles aux risques de la concurrence (arrêt du 4 juin 2009, T-Mobile Netherlands e.a., C‑8/08, EU:C:2009:343, point 26). | 0 |
9,759 | 75. If the referring court were thus to find there had been such an infringement of the principle of equal treatment, within the meaning of Article 3(1) of Directive 76/207, it would have to interpret the domestic jurisdictional rules in such a way that, wherever possible, they contribute to the attainment of the objective of ensuring effective judicial protection of a pregnant woman’s rights under Community law (see, by analogy, Case 222/84 Johnston [1986] ECR 1651, paragraph 17; Case C‑185/97 Coote [1998] ECR I‑5199, paragraph 18; and Impact , paragraph 54). | 41 The plea challenging the regulation for lack of a legal basis is therefore without foundation. | 0 |
9,760 | 67. Article 34(2) of that regulation departed from the requirement in Article 27(2) of the Brussels Convention that the document instituting the proceedings be duly served, in order to place the emphasis on effective observance of the rights of the defence, which are considered to have been observed when the defendant is aware of the pending legal action and has been able to commence proceedings to challenge a judgment entered against him (see, to that effect, ASML , paragraphs 20 and 21). | 28 As was held in the judgment in Case 30/77 Regina v Bouchereau [1977] ECR 1999, paragraph 14, the different language versions of a Community text must be given a uniform interpretation and in the case of divergence between the versions the provision in question must therefore be interpreted by reference to the purpose and general scheme of the rules of which it forms part. | 0 |
9,761 | 46
As regards whether the situations at issue are objectively comparable, it must be recalled that the comparability of a cross-border situation with an internal situation must be examined having regard to the aim pursued by the national provisions at issue (see, to that effect, judgments of 25 February 2010 in X Holding, C‑337/08, EU:C:2010:89, paragraph 22, and 6 September 2012 in Philips Electronics UK, C‑18/11, EU:C:2012:532, paragraph 17). | 21. Il ressort du libellé de ladite disposition que l’exonération en cause est subordonnée au fait que les produits énergétiques soient utilisés comme carburant pour la n avigation aérienne (voir en ce sens, s’agissant de la navigation maritime, arrêt du 10 novembre 2011, Sea Fighter, C-505/10, non encore publié au Recueil, point 20). En effet, l’article 14, paragraphe 1, sous b), de la directive 2003/96 doit être compris comme se référant à une forme précise d’utilisation d’aéronef, à savoir l’utilisation d’un aéronef pour la navigation aérienne autre que l’aviation de tourisme privée. | 0 |
9,762 | 30. In order to answer the first question, it is therefore necessary to examine whether the legal relationship between the Netherlands State and PFA, under the guarantee contract, is characterised by an exercise of public powers on the part of the State to which the debt is owed, in that it entails the exercise of powers going beyond those existing under the rules applicable to relations between private individuals (on that criterion, see Sonntag , paragraph 22). | 39. Moreover, in accordance with the principle of fiscal neutrality on which, in particular, the common system of VAT established by the Sixth Directive is based, economic operators carrying out the same transactions may not be treated differently in relation to the levying of VAT (see Case C-382/02 Cimber Air [2004] ECR I‑8379, paragraphs 23 and 24). | 0 |
9,763 | 59. Next, it should be noted that the system established by Article 267 TFEU with a view to ensuring that EU law is interpreted uniformly throughout the Member States institutes direct cooperation between the Court of Justice and the national courts by means of a procedure completely independent of any initiative by the parties. The system of references for a preliminary ruling is thus based on a dialogue between one court and another, the initiation of which depends entirely on the national court’s assessment as to whether a reference is appropriate and necessary (see judgment in Kelly , C‑104/10, EU:C:2011:506, paragraphs 62 and 63 and the case-law cited). | 10 THE QUESTION REFERRED BY THE COUR D ' APPEL , LIEGE , MUST BE RESOLVED IN THE LIGHT OF ALL THE PROVISIONS OF THE TREATY AND OF SECONDARY LEGISLATION WHICH MAY BE RELEVANT TO THE PROBLEM .
| 0 |
9,764 | 78. In all the cases which gave rise to the judgments cited in the preceding paragraph, the refusal of access in question related to a set of documents which were clearly defined by the fact that they all belonged to a file relating to ongoing administrative or judicial proceedings (see, to that effect, the judgments in Commission v Technische Glaswerke Ilmenau , C‑139/07 P, EU:C:2010:376, paragraphs 12 to 22; Sweden and Others v API and Commission , C‑514/07 P, C‑528/07 P and C‑532/07 P, EU:C:2010:541, paragraph 75; Commission v Éditions Odile Jacob , C‑404/10 P, EU:C:2012:393, paragraph 128; LPN and Finland v Commission , C‑514/11 P and C‑605/11 P, EU:C:2013:738, paragraphs 49 and 50; and Commission v EnBW , C‑365/12 P, EU:C:2014:112, paragraphs 69 and 70). That cannot however be said of the contested studies other than those referred to in paragraphs 71 to 76 of this judgment. | 51 It also follows from the wording of Article 58(1) of the Association Agreement that the rights of entry and residence conferred on Polish nationals as corollaries of the right of establishment are not absolute privileges, inasmuch as their exercise may, where appropriate, be limited by the rules of the host Member State concerning entry, stay and establishment of Polish nationals. | 0 |
9,765 | 25. It must be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine, in the light of the particular circumstances of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia, Case C‑295/97 Piaggio [1999] ECR I‑3735, paragraph 24 and the case‑law cited, and Case C‑378/08 ERG and Others [2010] ECR I‑0000, paragraph 73). | 24 It should, moreover, be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court (see, inter alia, Case C-200/97 Ecotrade v Altiforni e Ferriere di Servola [1998] ECR I-7907, paragraph 25). | 1 |
9,766 | 16. Relying implicitly on paragraphs 59 to 65 of the judgment in AG2R Prévoyance (C‑437/09, EU:C:2011:112), which left this question to be determined by national courts, the referring court considers that AG2R Prévoyance, although it is non-profit-making and acts on the basis of the principle of solidarity, was freely chosen by the social partners, following negotiations which concerned inter alia the arrangements pertaining to its appointment, from among the provident societies, mutual associations and insurance firms that were suitable to be appointed as the manager of a supplementary scheme such as the scheme concerned. AG2R Prévoyance must accordingly be regarded as an undertaking engaged in an economic activity which was chosen by the social partners from among other undertakings with which it is in competition on the market in the relevant insurance services. | 33
In that regard, according to settled case-law of the Court, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see judgments of 5 December 2006, Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 25, and of 7 April 2016, KA Finanz, C‑483/14, EU:C:2016:205, paragraph 41). | 0 |
9,767 | 70
In that regard, it must be borne in mind that participation by the Parliament in the legislative process is the reflection, at Union level, of a fundamental democratic principle that the people should participate in the exercise of power through the intermediary of a representative assembly (see, to that effect, judgments of 29 October 1980, Roquette Frères v Council, 138/79, EU:C:1980:249, paragraph 33; of 11 June 1991, Titanium dioxide, C‑300/89, EU:C:1991:244, paragraph 20, and 19 July 2012, Parliament v Council, C‑130/10, EU:C:2012:472, paragraph 81). As regards the procedure for negotiating and concluding international agreements, the information requirement laid down in Article 218(10) TFEU is the expression of that democratic principle, on which the European Union is founded (see, to that effect, judgment of 24 June 2014, Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 81). | 29. In those circumstances, the system laid down by Article 8(2) of Directive 92/81, which concerns the possibility for Member States of applying total or partial exemptions or reductions in the rate of duty to mineral oils used under fiscal control, and particularly the concept of navigation on inland waterways, appearing in Article 8(2)(b), cannot be a conclusive factor in interpreting the extent of the obligatory exemptions provided for in Article 8(1). | 0 |
9,768 | 26. In that regard, the national courts and the Commission fulfil distinct but complementary roles (see Case C‑39/94 SFEI and Others [1996] ECR I‑3547, paragraph 41; Joined Cases C-261/01 and C-262/01 van Calster and Others [2003] ECR I‑12249, paragraph 74; and Transalpine Ölleitung in Österreich and Others , paragraph 37). | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the European Union, must be regarded as forming part of the common agricultural policy (Case C-428/07 Horvath [2009] ECR I-6355, paragraph 29). Moreover, Article 2 point (1) of Regulation No 796/2004 expressly provides that arable land, and consequently agricultural areas pursuant to Article 2(a) of Regulation No 795/2004, is land maintained in good agricultural and environmental condition within the meaning of Article 5 of Regulation No 1782/2003. | 0 |
9,769 | 30. In that regard, it must be made clear, firstly, that when the law of a Member State provides for such liability on the part of a service provider, that liability may, in any event and as has been stated in particular by the French, German and Greek Governments and by the Advocate General at point 45 of his Opinion, be introduced only on condition that it does not adversely affect the system established by Directive 85/374. Indeed, the application of national rules may not impair the effectiveness of the directive (Case C‑203/99 Veedfald [2001] ECR I‑3569, paragraph 27). Thus, it must remain possible for the producer’s liability to be put in issue when the conditions laid down by the directive for such liability to exist are fulfilled. That possibility of putting the producer’s liability in issue must be open not only to the injured person but also to the service provider who must thus be entitled to use, to that end, a mechanism such as that of third-party proceedings, to which the national court refers in its first question. | 58. It is necessary at the outset to state that it is the VAT exemption in itself which must not be liable to give rise to distortions of competition on a market in which competition will in any event be affected by the presence of an operator which provides services for its members and which is prohibited from seeking profits. It is thus the fact that the provision of services by a group is exempt, and not the fact that this group satisfies the other conditions of the provision in question, which must be liable to give rise to distortions of competition in order that this exemption may be refused. | 0 |
9,770 | 84. It is also settled case-law that the first paragraph of Article 45 EC is an exception to the fundamental rule of freedom of establishment. As such, the exception must be interpreted in a manner which limits its scope to what is strictly necessary to safeguard the interests it allows the Member States to protect ( Commission v Greece , paragraph 7; Commission v Spain , paragraph 34; Case C‑451/03 Servizi Ausiliari Dottori Commercialisti [2006] ECR I‑2941, paragraph 45; Case C‑393/05 Commission v Austria [2007] ECR I‑10195, paragraph 35; Case C‑404/05 Commission v Germany [2007] ECR I‑10239, paragraphs 37 and 46; and Commission v Portugal , paragraph 34). | 49. Since it does not apply to all economic operators, it cannot be considered to be a general measure of tax or economic policy. | 0 |
9,771 | 55. The Court has previously held, in that regard, in essence, that it was not the intention of the EU legislature to make the possibility of invoking a procedural defect conditional upon that defect’s having an effect on the purport of the contested final decision. Moreover, given that one of the objectives of Directive 2011/92 is, in particular, to put in place procedural guarantees to ensure the public is better informed of, and more able to participate in, environmental impact assessments relating to public and private projects likely to have a significant effect on the environment, it is particularly important to ascertain whether the procedural rules governing that area have been complied with. Therefore, as a matter of principle, in accordance with the aim of giving the public concerned wide access to justice, that public must be able to invoke any procedural defect in support of an action challenging the legality of decisions covered by that directive (see, to that effect, judgment in Gemeinde Altrip and Others , C‑72/12, EU:C:2013:712, paragraphs 47 and 48). | 44
In that regard, it should be noted that a temporary replacement of a worker in order to satisfy the employer’s temporary staffing requirements may, in principle, constitute an ‘objective ground’ within the meaning of clause 5(1)(a) of the framework agreement (see, to that effect, judgments of 23 April 2009, Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraphs 101 and 102; of 26 January 2012, Kücük, C‑586/10, EU:C:2012:39, paragraph 30, and of 26 November 2014, Mascolo and Others, C‑22/13, C‑61/13, C‑63/13 and C‑418/13, EU:C:2014:2401, paragraph 91). | 0 |
9,772 | 27. More specifically, it follows from the Court’s settled case-law that a prior administrative authorisation scheme cannot render legitimate discretionary conduct on the part of the national authorities which is liable to negate the effectiveness of provisions of European Union law, in particular those relating to a fundamental freedom such as the freedom of establishment. Therefore, if a prior administrative authorisation scheme is to be justified even though it derogates from a fundamental freedom, it must be based on objective, non-discriminatory criteria known in advance, in such a way as adequately to circumscribe the exercise of the national authorities’ discretion (C‑169/07 Hartlauer [2009] ECR I‑1721 paragraph 64 and the case-law cited). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,773 | 14. As a preliminary point, it should be noted that the terms used to specify the exemptions provided for by Article 13 of the Sixth Directive are to be interpreted strictly, since they constitute exceptions to the general principle that VAT is to be levied on all services supplied for consideration by a taxable person (Case C‑8/01 Taksatorringen [2003] ECR I‑13711, paragraph 36; Case C-472/03 Arthur Andersen [2005] ECR I‑1719, paragraph 24; and Case C‑453/05 Ludwig [2007] ECR I‑5083, paragraph 21). | 64. However, as the national court has pointed out, application of national legislation such as that at issue in the main proceedings leads to a situation in which all workers who have reached the age of 52, without distinction, whether or not they were unemployed before the contract was concluded and whatever the duration of any period of unemployment, may lawfully, until the age at which they may claim their entitlement to a retirement pension, be offered fixed-term contracts of employment which may be renewed an indefinite number of times. This significant body of workers, determined solely on the basis of age, is thus in danger, during a substantial part of its members’ working life, of being excluded from the benefit of stable employment which, however, as the Framework Agreement makes clear, constitutes a major element in the protection of workers. | 0 |
9,774 | 34. With a view to giving a useful answer to the referring court, it is necessary to state, first of all, that note 2 to Section XVI of the CN applies only to the tariff classification of ‘parts of machines’ (see, to that effect, Case 57/85 Senelco EU:C:1986:94, paragraph 12). | 12 IN THE CASE OF A PART OF A FUNCTIONAL UNIT COMPRISING TWO OR MORE MACHINES WHICH IS PRESENTED TO THE CUSTOMS AUTHORITIES SEPARATELY IT IS NECESSARY , IN ORDER TO DETERMINE THE TARIFF HEADING WITHIN WHICH IT FALLS , TO REFER TO NOTE 2 TO SECTION XVI OF THE COMMON CUSTOMS TARIFF , WHICH COVERS ' PARTS OF MACHINES ' . IN ORDER TO CLARIFY THE SCOPE OF THAT NOTE IT IS NECESSARY TO REFER , IN ADDITION , TO THE EXPLANATORY NOTES TO THE NOMENCLATURE OF THE CUSTOMS COOPERATION COUNCIL ( GENERAL NOTES TO SECTION XVI , NOTE II , HEADED ' PARTS ' , AT P . 1156 ).
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9,775 | 70
It is also clear from the case-law of the Court that the contracting authority cannot, in principle, during an award procedure, amend the scope of the essential conditions of the contract, which include the technical specifications and the award criteria, and on which the economic operators concerned have legitimately relied in order to take the decision to prepare the submission of a tender, or to the contrary to decide not to participate in the award procedure for the contract concerned (see, to that effect, judgments of 10 May 2012, Commission v Netherlands, C‑368/10, EU:C:2012:284, paragraph 55, and of 16 April 2015, Enterprise Focused Solutions, C‑278/14, EU:C:2015:228, paragraphs 27 to 29). | 28. The Court has already held that, while the imposition of a penalty payment seems particularly suitable for the purpose of inducing a Member State to put an end as soon as possible to a breach of obligations which, in the absence of such a measure, would be liable to persist, the imposition of a lump sum is prompted, essentially, by the assessment of the consequences for public and private interests of the failure of the Member State concerned to comply with its obligations, in particular where the breach has persisted for a long period after the judgment initially establishing it was delivered (see, inter alia, Case C-121/07 Commission v France [2008] ECR I-9159, paragraph 58). | 0 |
9,776 | 36. Second, it is necessary to ascertain whether the particular organoleptic characteristics of those products correspond to those of the products classified in heading 2208 of the CN. The Court has consistently held that taste can constitute an objective characteristic or property of a product (see, to that effect, Case C‑124/03 Artrada and Others [2004] ECR I‑10297, paragraph 41, and Case C‑196/05 Sachsenmilch [2006] ECR I‑5161, paragraph 37). | 46
In the event of failure to comply with the condition laid down in Article 6(1)(e) of Directive 95/46, Member States guarantee the person concerned, pursuant to Article 12(b) thereof, the right to obtain from the controller, as appropriate, the erasure or blocking of the data concerned (see, to that effect, judgment of 13 May 2014, Google Spain and Google, C‑131/12, EU:C:2014:317, paragraph 70). | 0 |
9,777 | 100 The Court has consistently held that Articles 2 and 3 of Regulation No 729/70 permit the Commission to charge to the EAGGF only sums paid in accordance with the rules laid down in the various sectors of agricultural production, leaving the Member States to bear the burden of any other sum paid, and in particular any amounts which the national authorities wrongly believed themselves authorised to pay in the context of the common organisation of the markets (Case 11/76 Netherlands v Commission, cited above, paragraph 8; Case 18/76 Germany v Commission, cited above, paragraph 7; and Case C-48/91 Netherlands v Commission, cited above, paragraph 14). | 24 It is therefore necessary to determine what the conditions are for that exemption and whether those conditions are satisfied in the case of services such as those provided by CSC in the main proceedings. | 0 |
9,778 | 36. Secondly, it is settled case-law that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it submits to the Court. Consequently, where the questions submitted by the national court concern the interpretation of Union law, the Court of Justice is, in principle, bound to give a ruling (see, in particular, Case C‑379/98 PreussenElektra [2001] ECR I‑2099, paragraph 38, and Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 24). | Il résulte d’ailleurs de la jurisprudence de la Cour que les communes sont tenues de respecter ces mêmes règles et peuvent être tenues soit de procéder elles-mêmes au traitement des déchets provenant de décharges situées sur leur territoire, soit de le faire faire par un négociant, un établissement ou une entreprise effectuant des opérations de traitement des déchets ou par un collecteur de déchets privés ou public et qu’il appartient à l’État membre en question d’adopter les mesures nécessaires pour assurer que les communes respectent leurs obligations (voir, en ce sens, arrêt du 16 juillet 2015, Commission/Slovénie, C‑140/14, non publié, EU:C:2015:501, points 95 et 96). | 0 |
9,779 | 25. However, since questions concerning EU law enjoy a presumption of relevance, the Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, judgments in Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 25, and also Chartered Institute of Patent Attorneys , C‑307/10, EU:C:2012:361, paragraph 32). | 19 A benefit such as the child-raising allowance at issue in the present cases meets those conditions. | 0 |
9,780 | 28
The Court has also held that passive modes of participation in the infringement, such as the presence of an undertaking in meetings at which anticompetitive agreements were concluded, without that undertaking clearly opposing them, are indicative of collusion capable of rendering the undertaking liable under Article 101 TFEU, since a party which tacitly approves of an unlawful initiative, without publicly distancing itself from its content or reporting it to the administrative authorities, encourages the continuation of the infringement and compromises its discovery (see, to that effect, judgment in AC-Treuhand v Commission, C‑194/14 P, EU:C:2015:717, paragraph 31 and the case-law cited). | 33 Neither of those examples is relevant. Far from demonstrating that an individual may enjoy a right of access to the employment market without a right of residence, they underline the fact that the right of residence is indispensable to access to and engagement in paid employment. | 0 |
9,781 | 61. As regards the argument that the General Court was incorrect to consider that AC‑Treuhand cannot plead infringement of the 2006 Guidelines, it is sufficient to note that, at paragraphs 298 and 299 of the judgment under appeal, in accordance with the Court’s case-law on the legal effects of guidelines adopted by the Commission for the calculation of fines (see, inter alia, judgment in Dansk Rørindustri and Others v Commission , C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraphs 209 to 213), the General Court verified, in the light of the complaints raised by AC‑Treuhand in that regard, whether the Commission was entitled to depart from the 2006 Guidelines in the particular circumstances of the present case. | 37. Also, it must be borne in mind that Article 73b(1) of the Treaty gives effect to the free movement of capital between the Member States and between Member and non-member States. To that end, it provides, in the chapter of the Treaty entitled ‘Capital and payments’, that all restrictions on the movement of capital between Member States and between Member and non-member States are to be prohibited. | 0 |
9,782 | 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). | 73. It follows that fixing an appreciability ( de minimis ) threshold for the purposes of determining whether there is an abuse of a dominant position is not justified. That anti-competitive practice is, by its very nature, liable to give rise to not insignificant restrictions of competition, or even of eliminating competition on the market on which the undertaking concerned operates. | 0 |
9,783 | 61. The Court has already ruled that, even if the exclusion from tender procedures is applied without distinction to all companies quoted on the regulated markets which could be interested in those licences – regardless of whether they are established in Italy or in another Member State – in so far as the lack of foreign operators among the licensees is attributable to the fact that the Italian rules governing invitations to tender make it impossible in practice for companies quoted on the regulated markets of other Member States to obtain licences, those rules constitute prima facie a restriction on the freedom of establishment (see Gambelli and Others , paragraph 48). | 48. In so far as the lack of foreign operators among licensees in the betting sector on sporting events in Italy is attributable to the fact that the Italian rules governing invitations to tender make it impossible in practice for capital companies quoted on the regulated markets of other Member States to obtain licences, those rules constitute prima facie a restriction on the freedom of establishment, even if that restriction is applicable to all capital companies which might be interested in such licences alike, regardless of whether they are established in Italy or in another Member State. | 1 |
9,784 | 39
In that regard, for the purposes of ensuring effective protection for consumers in the context of Directive 1999/44, it is essential that that consumer be informed that the owner is a private individual. That interpretation makes it possible to give practical effect to that directive and is compatible with the Court’s case-law, according to which the system of protection introduced under that legislation is based on the idea that the consumer is in a weak position vis-à-vis the trader, as regards both his bargaining power and his level of knowledge (judgment of 4 June 2015, Faber, C‑497/13, EU:C:2015:357, paragraph 42). | 23 Entitlement to a retirement pension under an occupational scheme is indissolubly linked to the right to join such a scheme. Membership would be of no interest to employees if it did not confer entitlement to the benefits provided by the scheme. | 0 |
9,785 | 34 That interpretation is borne out by the third, fourth, fifth and sixth recitals in the preamble to Regulation No 1247/92, from which it is clear that the intention of the legislature was to provide a specific system of coordination taking account of the special characteristics of certain benefits falling simultaneously within the categories of both social assistance and social security and treated, according to the Court's case-law, as social security benefits as regards workers already covered by the social security scheme of the State whose legislation is relied on (see, in particular, Newton and Snares). As the Advocate General has stated at point 24 of his Opinion, a benefit such as AA is indeed a benefit of that kind. | 55. According to the Court’s settled case-law, an action for annulment brought by a natural or legal person is admissible only in so far as that person has an interest in having the contested act annulled. Such an interest requires that the annulment of that act must be capable, in itself, of having legal consequences and that the action may therefore, through its outcome, procure an advantage to the party which brought it (see, inter alia, to that effect, judgments in Commission v Koninklijke FrieslandCampina , C‑519/07 P, EU:C:2009:556, paragraph 63; ACEA v Commission , C‑319/09 P, EU:C:2011:857, paragraph 67; Stichting Woonpunt and Others v Commission , C‑132/12 P, EU:C:2014:100, paragraph 67; and Stichting Woonlinie and Others v Commission , C‑133/12 P, EU:C:2014:105, paragraph 54). | 0 |
9,786 | 42
In that context, it noted that, given that the hyperlink and the website to which it refers give access to the protected work using the same technical means, namely the internet, such a link must be directed to a new public. Where that is not the case, in particular, due to the fact that the work is already freely available to all internet users on another website with the authorisation of the copyright holders, that act cannot be categorised as a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29. Indeed, as soon as and as long as that work is freely available on the website to which the hyperlink allows access, it must be considered that, where the copyright holders of that work have consented to such a communication, they have included all internet users as the public (see, to that effect, judgment of 13 February 2014, Svensson and Others, EU:C:2014:76, paragraphs 24 to 28, and order of 21 October 2014, BestWater International, C‑348/13, not published, EU:C:2014:2315, paragraphs 15, 16 and 18). | 61. According to settled case-law, the precautionary principle presupposes that there is uncertainty as to the existence or extent of risks to human health (see, to that effect, Case C‑236/01 Monsanto Agricoltura Italia and Others [2003] ECR I‑8105, paragraph 111, and the case-law cited). | 0 |
9,787 | 71. For the purposes of that assessment, it must be noted that the Court has already held that an obligation imposed on an employer established in another Member State to report beforehand to the host Member State authorities on the presence of one or more deployed workers would be an effective and proportionate measure which would enable those authorities, first, to monitor compliance with the social welfare and wages legislation of the host Member State during the deployment while at the same time taking account of the obligations by which that employer is already bound under the social welfare legislation applicable in the Member State of origin and, secondly, to combat fraud (see, to that effect, the judgment in dos Santos Palhota and Others , EU:C:2010:589, paragraphs 51, 53 and 54 and the case-law cited). | 27. En ce qui concerne la notification des dispositions en vigueur à la Commission, la République de Pologne admet, dans son mémoire en défense, que la loi et les règlements nationaux qui, selon elle, mettent en œuvre la directive n’ont été communiqués à la Commission que le 23 janvier 2009, à savoir postérieurement à l’expiration du délai imparti à cet État membre dans l’avis motivé. Il est donc constant que, au terme dudit délai, à savoir à la date prise en compte pour déterminer l’existence d’un manquement (voir, notamment, arrêts du 14 septembre 2004, Commission/Espagne, C‑168/03, Rec. p. I‑8227, point 24, et du 17 janvier 2008, Commission/Allemagne, C‑152/05, Rec. p. I‑39, point 15), lesdites dispositions n’avaient pas été notifiées à la Commission. | 0 |
9,788 | 58. It covers posts which involve direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities and thus presume on the part of those occupying them the existence of a special relationship of allegiance to the State and reciprocity of rights and duties which form the foundation of the bond of nationality ( Commission v Belgium , paragraph 10, and Commission v Greece , cited above, paragraph 2). | 40
With regard to a restriction such as that at issue in the main proceedings, it is important to note that such a restriction is not necessary to ensure the effective collection of IRC. | 0 |
9,789 | 29. That complexity is due to the fact that progesterone, in addition to therapeutic treatment, is liable to be used unlawfully as a growth stimulate and, currently, there are no reliable methods of analysis permitting distinction between endogenous progesterone, produced naturally by the animals, and exogenous progesterone, resulting from the administration of medicinal products, and therefore monitoring of the abusive use of that substance. Furthermore, the Commission, when it adopted Regulation No 1873/2003, was faced with a situation of ongoing scientific uncertainty with regard to the possible harmful effects of progesterone, characterised by divergent scientific opinions adopted by the CVMP, on the one hand, and by the SCVPH and other international scientific bodies, on the other (see, to that effect, Commission v CEVA and Pfizer , paragraph 82). | 75. It should, in addition, be pointed out that the essential characteristic of the concession is that it is the concessionaire himself who bears the main, or at least the substantial, operating risk (see to that effect, with regard to concessions relating to public services, Case C‑206/08 Eurawasser [2009] ECR I‑0000, paragraphs 59 and 77). | 0 |
9,790 | 127. In the present case, that period closed on 18 December 2006. On that date Directive 89/48 was still in force, since Directive 2005/36 repealed it only with effect from 20 October 2007. Consequently, in so far as the present claim is based on the alleged failure to transpose Directive 89/48, it is not devoid of purpose (see, by analogy, judgment of 11 June 2009 in Case C‑327/08 Commission v France , paragraph 23). | 63. However, where it is clear from the circumstances as a whole that the contract is more closely connected with a country other than that identified on the basis of the presumptions set out in Article 4(2) to (4) of the Convention, it is for that court to refrain from applying Article 4(2) to (4). | 0 |
9,791 | 61. That said, it should be noted that, in order to establish whether discrimination exists, the comparability of the situations in question must also be examined by taking into account the objective pursued by the national provisions at issue (see, to that effect, Case C-231/05 Oy AA [2007] ECR I-6373, paragraph 38, and Papillon , paragraph 27). | 26. On the contrary, it should be noted that the constituent elements of the holiday pay in question show that it may be considered an old-age benefit within the meaning of Article 4(1)(c) of Regulation No 1408/71, paid as a supplementary allowance within the meaning of Article 1(t) of Regulation No 1408/71. | 0 |
9,792 | 69. It follows from the foregoing that, as the contested regulation pursues objectives set out in Articles 2 EC and 3(1)(k) EC and in Title XVII of the EC Treaty, without that title by itself conferring on the Community the power to realise those objectives, the Community legislature ought to have had recourse to both the third paragraph of Article 159 EC and Article 308 EC (see, to that effect, Case 242/87 Commission v Council [1989] ECR 1425, paragraphs 6 and 37, and Kadi and Al Barakaat International Foundation v Council and Commission , paragraphs 211 to 214), while complying with the legislative procedures laid down therein, that is to say, both the ‘co‑decision’ procedure referred to in Article 251 EC and the requirement that the Council should act unanimously.
The request that the effects of the contested regulation be maintained | 42. Next, it must be observed that the word ‘autonomy’, according to its usual meaning in everyday language, describes the right of self‑government. | 0 |
9,793 | 42. In this respect, it should be noted that the rules for interpreting the exemptions in Article 13 of the Sixth Directive set out in paragraph 27 of this judgment apply to the specific conditions laid down for those exemptions to apply and in particular to those concerning the status or identity of the economic agent performing the services covered by the exemption (see, to that effect, Case C‑216/97 Gregg [1999] ECR I-4947, paragraphs 16 to 20; Case C‑498/03 Kingscrest Associates and Montecello [2005] ECR I-4427, paragraph 23; and Haderer , paragraph 19). | 70. Procedure 3 cannot be justified on the basis of Directive 96/96, since, contrary to Article 3(2) of that Directive, it does not incorporate the principle of recognition of documents issued by the other Member States which certify that a vehicle has passed a roadworthiness test. | 0 |
9,794 | 40. In that connection, it must be stated that, in order to classify products in Chapter 30 of the CN, the Court examined whether the latter had clearly defined therapeutic or prophylactic characteristics with an effect concentrated on precise functions of the human organism or that they are capable of being applied in the prevention or treatment of diseases or ailments (Case C-201/96 LTM [1997] ECR I-6147, paragraphs 37 and 45, and Case C-270/96 Laboratoires Sarget [1998] ECR I-1121, paragraphs 39 and 48). | 33 In that connection, the Court has consistently held that, where the Commission refuses to charge certain expenditure to the EAGGF on the ground that it was incurred as a result of breach of Community rules for which a Member State can be held responsible, it is for that State to show that the conditions for obtaining the financing refused are fulfilled (see Case 347/85 United Kingdom v Commission [1988] ECR 1749, paragraph 14, and Case C-48/91 Netherlands v Commission [1993] ECR I-5611, paragraph 16). The Commission is not required to demonstrate exhaustively that there are irregularities in the data submitted by Member States; it is sufficient for it to put forward evidence in support of the serious and reasonable doubt which it entertains concerning the figures supplied by the national authorities. | 0 |
9,795 | 30. It should be noted, moreover, that insufficiency or lack of reasoning constitutes an infringement of an essential procedural requirement and is a matter of public policy which the European Union judicature must raise of its own motion (see, to that effect, Case C‑265/97 P VBA v Florimex and Others [2000] ECR I‑2061, paragraph 114, and order of 7 December 2011 in Case C‑45/11 P Deutsche Bahn v OHIM , paragraph 57). | 21. In the present case, the referring court does not state, in the request for a preliminary ruling, that there has been any change in the nature of the activities carried out by SOAs since the events which gave rise to the judgment in SOA Nazionale Costruttori (C‑327/12, EU:C:2013:827). | 0 |
9,796 | À cet égard, l’argument tiré de la supposée erreur d’interprétation de la résolution 1929 ne saurait prospérer. En effet,
IOEC ne conteste pas que le considérant 22 de la décision 2010/413 et le considérant 8 de la décision 2012/35 soulignent,
à juste titre, que la résolution 1929 vise le lien potentiel entre les recettes tirées du secteur énergétique et le financement
des activités nucléaires en Iran. Elle se limite en réalité à invoquer l’absence de caractère contraignant de cette résolution,
ce qui est inopérant dans la mesure où ni les actes litigieux ni l’arrêt attaqué n’ont considéré que ladite résolution avait
un caractère obligatoire. | 44
The purpose behind the addition of that criterion was to target the relevant person or entity’s own activities which, even if they have no actual direct or indirect connection with nuclear proliferation, are nonetheless capable of encouraging it by providing the Government of Iran with resources or facilities of a material, financial or logistical nature which allow it to pursue proliferation activities (see, to that effect, judgment of 1 March 2016 in National Iranian Oil Company v Council, C‑440/14 P, EU:C:2016:128, paragraphs 80 and 81). | 1 |
9,797 | 36. Those objective criteria for assessing the depreciation of motor vehicles have not been listed by the Court as being obligatory. They need not thus necessarily be applied cumulatively. However, the application of a scale based on a single criterion of depreciation, such as the age of the motor vehicle, does not guarantee that the scale will reflect the actual depreciation of those vehicles. In particular, given the failure to take account of the kilometrage, such a scale does not, as a general rule, lead to a reasonable approximation of the actual value of imported second-hand vehicles (judgments in Commission v Greece , C‑74/06, EU:C:2007:534, paragraphs 37 to 43, and Tatu , C‑402/09, EU:C:2011:219, paragraph 42). | 34 Accordingly, providing access to roads on payment of a toll constitutes a supply of services for consideration within the meaning of Article 2(1) of the Sixth Directive. | 0 |
9,798 | 36 Having regard to those principles, it is only exceptionally that the Court may limit the effects of a judgment ruling on a request for interpretation. The Court has taken such a step only in certain specific circumstances, for instance where there was a risk of serious economic repercussions owing in particular to the large number of legal relationships entered into in good faith on the basis of rules considered to be validly in force, and where it appeared that both individuals and national authorities had been prompted to adopt practices which did not comply with Community law by reason of objective, significant uncertainty regarding the implications of Community provisions, to which the conduct of other Member States or the Commission may even have contributed (see Bautiaa and Société française maritime, paragraph 47). | 20 That solution was adopted in order to achieve as rapidly as possible the objective, formulated, in particular, in the second recital in the preamble to the Directive, of harmonising the national laws governing the terms of protection of copyright and related rights and to avoid the situation where rights have expired in some Member States but are protected in others. | 0 |
9,799 | 36. In particular, as regards the principle of proportionality, the Court has held that, in accordance with that principle, the Member States must employ means which, whilst enabling them effectively to attain the objectives pursued by their domestic laws, cause the least possible detriment to the objectives and principles laid down by the relevant European Union legislation (see Joined Cases C‑286/94, C‑340/95, C‑401/95 and C‑47/96 Molenheide and Others [1997] ECR I‑7281, paragraph 46; and also Teleos and Others , paragraph 52, and Netto Supermarkt , paragraph 19). | 14 IN A CASE WHERE THE PLAINTIFF ASSERTS THE RIGHT TO BE PAID DAMAGES OR SEEKS A DISSOLUTION OF THE CONTRACT ON THE GROUND OF THE WRONGFUL CONDUCT OF THE OTHER PARTY , THE OBLIGATION REFERRED TO IN ARTICLE 5 ( 1 ) IS STILL THAT WHICH ARISES UNDER THE CONTRACT AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON TO SUPPORT SUCH CLAIMS .
| 0 |
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