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9,900 | 69. Furthermore, the derogations provided for in Articles 296 EC and 297 EC must, in accordance with settled case-law in respect of derogations from fundamental freedoms (see, inter alia, Case C‑503/03 Commission v Spain [2006] ECR I‑1097, paragraph 45; Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 86; and Case C‑141/07 Commission v Germany [2008] ECR I‑6935, paragraph 50) be interpreted strictly. | 39. À cet égard, la Cour a précisé que, si le prix effectivement payé ou à payer pour les marchandises forme, en règle générale, la base de calcul de la valeur en douane (voir, en ce sens, arrêt Sommer, précité, point 22), ce prix est une donnée qui doit éventuellement faire l’objet d’ajustements lorsque cette opération est nécessaire pour éviter de déterminer une valeur en douane arbitraire ou fictive (arrêt du 19 mars 2009, Mitsui & Co. Deutschland, C‑256/07, Rec. p. I‑1951, point 24). | 0 |
9,901 | 24 However, depending on the circumstances, national authorities have a certain degree of discretion when adopting measures which they consider to be necessary in order to guarantee public security in a Member State (Leifer, paragraph 35, and Sirdar, paragraph 27). | 57. The Spanish Government notes that, unlike the proceedings in the case giving rise to the judgment in Bank Handlowy and Adamiak (EU:C:2012:739, paragraph 63), the main proceedings at issue in the present case are winding-up proceedings. Moreover, in Bank Handlowy and Adamiak , the Court did not refer to the option of whether or not to request the opening of secondary proceedings, but simply to the role of the court once secondary proceedings have been opened. | 0 |
9,902 | 80. It follows in particular that, where the Commission has adduced sufficient evidence of certain matters in the territory of the defendant Member State, it is incumbent on the latter to challenge in substance and in detail the information produced and the consequences flowing therefrom (see Commission v Ireland , paragraph 44 and the case-law cited). | 45. Consequently, the Court of First Instance could not, without making an error of law, refrain from examining the clauses of the dealership agreement individually, taking account, where applicable, of all other relevant factors, such as the aims pursued by that agreement in the light of the economic and legal context in which it was signed. | 0 |
9,903 | 30. That exception relates to employees’ rights to old-age, invalidity or survivors’ benefits under supplementary company or intercompany pension schemes outside the statutory social security schemes. Thus, having regard to the general objective of safeguarding the rights of employees in the event of transfers of undertakings pursued by the Directive, the exception to that rule must be interpreted strictly (see, by analogy, Case C‑164/00 Beckmann [2002] ECR I‑4893, paragraph 29). | 29 Given the general objective of safeguarding the rights of employees in the event of transfers of undertakings pursued by the Directive when it provides, in Article 3(1) and (2), for transfer to the transferee of the transferor's rights and obligations arising from a contract of employment, from an employment relationship or collective agreement, the exception to that rule provided for by Article 3(3) must be interpreted strictly. | 1 |
9,904 | 31. On the other hand, the fact that the concession-granting public authority holds, alone or together with other public authorities, all of the share capital in a concessionaire, tends to indicate – generally, but not conclusively – that that contracting authority exercises over that company a control similar to that which it exercises over its own departments ( Carbotermo and Consorzio Alisei , paragraph 37, and Case C-295/05 Asemfo [2007] ECR I-2999, paragraph 57). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
9,905 | 14 As the Court stated in Case C-279/93 Finanzamt Köln-Altstadt v Schumacker [1995] ECR I-225, paragraph 30, discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations. | 57 Turning to Directive 92/85, it must be noted that Articles 4 and 5 set up an assessment and information procedure in respect of activities liable to involve a risk to safety or health or an effect on workers who are pregnant or breastfeeding. That procedure can lead to the employer making a temporary adjustment in working conditions and/or working hours or, if such an adjustment is not feasible, a move to another job. It is only when such a move is also not feasible that the worker is granted leave in accordance with national legislation or national practice for the whole of the period necessary to protect her safety or health. | 0 |
9,906 | 30
The Commission also points out that mere administrative practices, which by their nature are alterable at will by the authorities and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations to transpose a directive (judgment of 10 September 2009 in Commission v Greece, C‑286/08, not published, EU:C:2009:543, paragraph 51 and the case-law cited). Accordingly, a circular cannot replace a ministerial decree. | 77. Consequently, a measure such as the grant of a special length-of-service increment provided for in Article 50a of the GG is likely to constitute an obstacle to freedom of movement for workers prohibited in principle by Article 48 of the Treaty and Article 7(1) of Regulation No 1612/68. Such a measure could be accepted only if it pursued a legitimate aim compatible with the Treaty and were justified by pressing reasons of public interest. But even if that were so, application of that measure would still have to be such as to ensure achievement of the aim in question and not go beyond what is necessary for that purpose (see, inter alia, Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32, Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37 and Case C-415/93 Bosman [1995] ECR I-4921, paragraph 104). | 0 |
9,907 | 30. According to the settled case-law of the Court, the right to maternity leave granted to pregnant workers must be regarded as a particularly important mechanism of protection under employment law. The EU legislature thus considered that the fundamental changes to the living conditions of the persons concerned during the period of at least 14 weeks preceding and after childbirth constituted a legitimate ground on which they could suspend their employment, without the public authorities or employers being allowed in any way to call the legitimacy of that ground into question (judgments in Kiiski , C‑116/06, EU:C:2007:536, paragraph 49; in Betriu Montull , C‑5/12, EU:C:2013:571, paragraph 48; and in D. , C‑167/12, EU:C:2014:169, point 32). | 20
In particular, it is not for the EU judicature, in the context of that review, to substitute its own economic assessment for that of the Commission (judgment of 24 October 2013, Land Burgenland and Others v Commission, C‑214/12 P, C‑215/12 P and C-223/12 P, EU:C:2013:682, paragraph 78). | 0 |
9,908 | 48. According to the Court’s case-law, although Article 23(2) of Regulation No 1/2003 leaves the Commission a discretion, it nevertheless limits the exercise of that discretion by establishing objective criteria to which the Commission must adhere. Thus, first, the amount of the fine that may be imposed on an undertaking is subject to a quantifiable and absolute ceiling, so that the maximum amount of the fine that can be imposed on a given undertaking can be determined in advance. Secondly, the exercise of that discretion is also limited by rules of conduct which the Commission has imposed on itself, in particular in the Guidelines on the method of setting fines (judgments in Guardian Industries and Guardian Europe v Commission , C‑580/12 P, EU:C:2014:2363, paragraph 55, and LG Display and LG Display Taiwan v Commission , C‑227/14 P, EU:C:2015:258, paragraph 51). | 29 Thus, under the combined provisions of Directive 64/433, as reenacted by Directive 91/497, and Directive 89/662, the measures for the detection of a pronounced sexual odour in uncastrated male pigs have been harmonised at Community level. | 0 |
9,909 | 33
It follows from settled case-law that although, as EU law stands at present, the rules governing the way in which a person’s surname is entered on certificates of civil status are matters coming within the competence of the Member States, the latter must nonetheless, when exercising that competence, comply with EU law and, in particular, with the FEU Treaty provisions on the freedom of every citizen of the Union to move and reside in the territory of the Member States (judgments of 2 October 2003, Garcia Avello, C‑148/02, EU:C:2003:539, paragraph 25; of 14 October 2008, Grunkin and Paul, C‑353/06, EU:C:2008:559, paragraph 16; of 22 December 2010, Sayn-Wittgenstein, C‑208/09, EU:C:2010:806, paragraphs 38 and 39; of 12 May 2011, Runevič-Vardyn and Wardyn, C‑391/09, EU:C:2011:291, paragraph 63; and of 2 June 2016, Bogendorff von Wolffersdorff, C‑438/14, EU:C:2016:401, paragraph 32). | 39. It is common ground that the applicant in the main proceedings is a national of a Member State and, in her capacity as citizen of the Union, has made use of the freedom to move to and reside in another Member State. She is therefore entitled to rely on the freedoms conferred by Article 21 TFEU on all citizens of the Union. | 1 |
9,910 | 64. In a situation where the national supervisory authority comes to the conclusion that the arguments put forward in support of such a claim are unfounded and therefore rejects it, the person who lodged the claim must, as is apparent from the second subparagraph of Article 28(3) of Directive 95/46, read in the light of Article 47 of the Charter, have access to judicial remedies enabling him to challenge such a decision adversely affecting him before the national courts. Having regard to the case-law cited in paragraphs 61 and 62 of the present judgment, those courts must stay proceedings and make a reference to the Court for a preliminary ruling on validity where they consider that one or more grounds for invalidity put forward by the parties or, as the case may be, raised by them of their own motion are well founded (see, to this effect, judgment in T & L Sugars and Sidul Açúcares v Commission , C‑456/13 P, EU:C:2015:284, paragraph 48 and the case-law cited). | 18 IN THAT RESPECT IT SHOULD BE NOTED , FIRST , THAT THE PROVISIONS OF REGULATION NO 1408/71 AND IN PARTICULAR THOSE OF ANNEX VI THERETO , WERE ADOPTED TO IMPLEMENT ARTICLE 51 OF THE EEC TREATY AND MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVE OF ARTICLE 51 , WHICH IS TO CONTRIBUTE TO THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR MIGRANT WORKERS , WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY .
| 0 |
9,911 | 23. In that regard, it should be recalled that in the factual and legislative context which the national court is responsible for defining, and the accuracy of which is not a matter for this Court to determine, the questions submitted by the national court in relation to the interpretation of Community law enjoy a presumption of relevance (see Case C‑300/01 Salzmann [2003] ECR I‑4899, paragraphs 29 and 31, and Joined Cases C‑94/04 and C‑202/04 Cipolla and Others [2006] ECR I‑11421, paragraph 25). | 33. On the other hand, it should be observed that a rule of generalised access under which any document relating to competition proceedings must be disclosed to a party requesting it on the sole ground that that party is intending to bring an action for damages is not necessary in order to ensure effective protection of the right to compensation enjoyed by that party, as it is highly unlikely that the action for damages must be based on all of the evidence in the file relating to those proceedings. Furthermore, that rule could lead to infringement of other rights conferred by EU law, inter alia, on the undertakings concerned, such as the right to protection of professional secrecy or of business secrecy, or on the individuals concerned, such as the right to protection of personal data. Lastly, such generalised access is also liable to adversely affect public interests, such as the effectiveness of anti-infringement policies in the area of competition law, because it could deter parties involved in infringements of Articles 101 TFEU and 102 TFEU from cooperating with the competition authorities (see, to that effect, Pfleiderer , paragraph 27). | 0 |
9,912 | 38. The Court has held on numerous occasions that Member States enjoy a broad discretion in their choice, not only to pursue a particular aim in the field of social and employment policy, but also in the definition of measures capable of achieving it (judgment in Specht and Others , C‑501/12 to C‑506/12, C‑540/12 and C‑541/12, EU:C:2014:2005, paragraph 46 and the case-law cited). | 34. Furthermore, the national legislation at issue in the main proceedings itself establishes the parameters that require the contracting authority at issue to exclude an economic operator from a newly undertaken procedure for the award of a contract due to the previous conduct of that operator, without allowing the contracting authority the power to assess, on a case-by-case basis, the gravity of the allegedly wrongful conduct of that operator in the performance of the previous contract. | 0 |
9,913 | 36. In that regard, given that, in principle, periods of imprisonment interrupt the continuity of the period of residence for the purposes of Article 28(3)(a) of Directive 2004/38, such periods may – together with the other factors going to make up the entirety of relevant considerations in each individual case – be taken into account by the national authorities responsible for applying Article 28(3) of that directive as part of the overall assessment required for determining whether the integrating links previously forged with the host Member State have been broken, and thus for determining whether the enhanced protection provided for in that provision will be granted (see, to that effect, Tsakouridis , paragraph 34). | 58. Il convient donc de constater que, en adoptant les dispositions figurant au paragraphe 1, second alinéa, de la quatorzième fonction modifiée afin de soumettre à une autorisation préalable de la CNE l’acquisition de certaines participations dans les entreprises exerçant certaines activités réglementées du secteur de l’énergie ainsi que l’acquisition des actifs nécessaires à l’exercice de ces activités, le Royaume d’Espagne a manqué aux obligations qui lui incombent en vertu de l’article 56 CE.
Sur le manquement aux obligations résultant de l’article 43 CE | 0 |
9,914 | 52. With regard to judicial review of compliance with those conditions the Court has accepted that in the exercise of the powers conferred on it the Community legislature must be allowed a broad discretion in areas in which its action involves political, economic and social choices and in which it is called upon to undertake complex assessments and evaluations. Thus the criterion to be applied is not whether a measure adopted in such an area was the only or the best possible measure, since its legality can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue (see, to that effect, Case C‑189/01 Jippes and Others [2001] ECR I‑5689, paragraphs 82 and 83; British American Tobacco (Investments) and Imperial Tobacco , paragraph 123; Alliance for Natural Health and Others , paragraph 52; and Case C‑558/07 S.P.C.M. and Others [2009] ECR I-0000, paragraph 42). | 45
In that regard, the fact that a national court has, formally speaking, worded its request for a preliminary ruling with reference to certain provisions of EU law does not preclude the Court of Justice from providing the national court with all the elements of interpretation which may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to them in its questions (see, inter alia, judgment of 29 September 2016, Essent Belgium, C‑492/14, EU:C:2016:732, paragraph 43). | 0 |
9,915 | 27. Second, as is apparent from recital 3 in the preamble to Regulation No 207/2009, the objective of that regulation is the creation of a Community regime for trade marks to which uniform protection is given and which produce their effects throughout the entire area of the European Union (see, to that effect, Case C-235/09 DHL Express France [2011] ECR I-2801, paragraph 41, and GENESIS , paragraph 35). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,916 | 19. As regards the French Government's doubts as to the need for the questions referred and the Commission's objections concerning the lack of detail as to the factual and legal context of the main proceedings, it should be recalled that, according to settled case-law, 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. Consequently, since the questions referred involve the interpretation of Community law, the Court is, in principle, obliged to give a ruling (see, inter alia , Case C-379/98 PreussenElektra [2001] ECR I-2099, paragraph 38; Case C-390/99 Canal Satélite Digital [2002] ECR I-607, paragraph 18; and Case C-373/00 Adolf Truley [2003] ECR I-1931, paragraph 21). | 40. Lastly, any agreement on the sharing of costs is also irrelevant for present purposes since such an agreement was not negotiated between independent parties. | 0 |
9,917 | 22. En deuxième lieu, la Cour a jugé que les notes explicatives de la NC contribuent de façon importante à l’interprétation de la portée des différentes positions tarifaires, sans toutefois avoir force obligatoire de droit (arrêt Digitalnet e.a., C‑320/11, C‑330/11, C‑382/11 et C‑383/11, EU:C:2012:745, point 33 et jurisprudence citée). Dans la mesure où ces notes ont pour objet de faciliter l’interprétation de la NC aux fins du classement tarifaire, il convient de les interpréter de manière à assurer l’effet utile des sous-positions de la NC (voir arrêt Lukoyl Neftohim Burgas, C‑330/13, EU:C:2014:1757, point 63). La teneur desdites notes doit dès lors être conforme aux dispositions de la NC et ne saurait en modifier la portée. S’il apparaît qu’elles sont contraires au libellé des positions de la NC et des notes de section ou de chapitre, les notes explicatives de la NC doivent être écartées (voir arrêt JVC France, EU:C:2008:324, point 34 et jurisprudence citée). | 86 It is true, as the Court observed in paragraph 35 of its judgment in Spain v Council, cited above, that recourse to Article 100a as a legal basis is possible if the aim is to prevent the emergence of future obstacles to trade resulting from multifarious development of national laws. However, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them. | 0 |
9,918 | 53. The statement of reasons required by Article 296 TFEU must, however, be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons is sufficient must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see, inter alia, Case C‑367/95 P Commission v Sytraval and Brink’s France [1998] ECR I‑1719, paragraph 63; Elf Aquitaine v Commission , paragraph 150; and Al-Aqsa v Council and Netherlands v Al-Aqsa , paragraphs 139 and 140). | 33. Ainsi qu’il ressort du dossier de la présente affaire, les entreprises exerçant les activités de certification, à savoir les SOA, opèrent, comme l’a relevé M. l’avocat général au point 57 de ses conclusions, dans les conditions de la concurrence. | 0 |
9,919 | 29 As the Court held in paragraph 11 of its judgment in Manpower, in order to prevent an undertaking established in a Member State from being obliged to register its workers, normally subject to the social security legislation of that State, with the social security system of another Member State where they are sent to perform work of short duration - which would complicate exercise of freedom to provide services - Article 14(1)(a) of Regulation No 1408/71 allows the undertaking to keep its workers registered under the social security system of the first Member State if the undertaking observes the conditions governing that freedom to provide services. | 16. The Court may refuse to rule on a question referred for a preliminary ruling from 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 (Joined Cases C‑222/05 to C‑225/05 van der Weerd and Others [2007] ECR I‑4233, paragraph 22; Magoora , paragraph 23; and Stoß and Others , paragraph 52). | 0 |
9,920 | 41 Even though the rules in issue may not give rise to unequal treatment, they are liable to impede the acquisition of shares in the undertakings concerned and to dissuade investors in other Member States from investing in the capital of those undertakings. They are therefore liable, as a result, to render the free movement of capital illusory (see, in that regard, Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and Others [1995] ECR I-4821, paragraph 25, and Case C-302/97 Konle [1999] ECR I-3099, paragraph 44). | 53 It requires, second, a subjective element consisting in the intention to obtain an advantage from the Community rules by creating artificially the conditions laid down for obtaining it. The existence of that subjective element can be established, inter alia, by evidence of collusion between the Community exporter receiving the refunds and the importer of the goods in the non-member country. | 0 |
9,921 | 52. The Court has consistently held that the Community institutions are free to introduce harmonisation gradually or in stages. It is generally difficult to implement such measures because they require the competent Community institutions to draw up, on the basis of diverse and complex national provisions, common rules in harmony with the aims laid down by the EC Treaty and approved by a qualified majority of the Members of the Council, or even, as is the case in fiscal matters, their unanimous agreement (see, to that effect, Case 37/83 Rewe‑Zentrale [1984] ECR 1229, paragraph 20; Case C‑233/94 Germany v Parliament and Council [1997] ECR I‑2405, paragraph 43; and Case C‑166/98 Socridis [1999] ECR I‑3791, paragraph 26). | 29. Having regard to those factors, it must be held that the definition of ‘employment conditions’ within the meaning of clause 4(1) includes the notice period for the termination of fixed-term employment contracts. | 0 |
9,922 | 26. En effet, il découle de l’exigence d’application uniforme du droit de l’Union que, dans la mesure où l’article 1 er , sous a), iii), de la décision-cadre ne renvoie pas au droit des États membres en ce qui concerne la notion de «juridiction ayant compétence notamment en matière pénale», cette notion, décisive pour déterminer le champ d’application de la décision-cadre, requiert, dans toute l’Union, une interprétation autonome et uniforme, qui doit être recherchée en tenant compte du contexte de la disposition dans laquelle elle s’insère et de l’objectif poursuivi par cette décision-cadre (voir, par analogie, arrêts du 17 juillet 2008, Kozłowski, C‑66/08, Rec. p. I‑6041, points 41 et 42, ainsi que du 16 novembre 2010, Mantello, C‑261/09, Rec. p. I‑11477, point 38). | À cet égard, la Cour a déjà jugé que la réglementation d’un État membre qui fait dépendre l’application d’un taux réduit du lieu de résidence du défunt ou du bénéficiaire au moment du décès, lorsqu’elle aboutit à ce que les successions impliquant des non-résidents soient soumises à une charge fiscale plus lourde que celle n’impliquant que des résidents, constitue une restriction à la libre circulation des capitaux (voir, en ce sens, arrêts du 17 octobre 2013, Welte, C‑181/12, EU:C:2013:662, points 25 et 26 ; du 3 septembre 2014, Commission/Espagne, C‑127/12, non publié, EU:C:2014:2130, point 58, ainsi que du 26 mai 2016, Commission/Grèce, C‑244/15, EU:C:2016:359, point 29). | 0 |
9,923 | 71
The statement of reasons required by Article 296 TFEU must be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the interest which the addressees of the measure, or other parties to whom it is of direct and individual concern, may have in obtaining explanations. It is not necessary for the reasoning to go into all the relevant facts and points of law, since the question whether the statement of reasons is sufficient must be assessed with regard not only to its wording but also to its context and to all the legal rules governing the matter in question (see judgment in Council v Bamba, C‑417/11 P, EU:C:2012:718, paragraph 53 and the case-law cited). The reasons given for a measure adversely affecting a person are sufficient if that measure was adopted in a context which was known to that person and which enables him to understand the scope of the measure concerning him (judgments in Council v Manufacturing Support & Procurement Kala Naft, C‑348/12 P, EU:C:2013:776, paragraph 71, and Council v Bank Mellat, C‑176/13 P, EU:C:2016:96, paragraph 75). | 29. D’autre part, il convient de rappeler que, dans le cadre d’une procédure visée à l’article 267 TFUE, lequel est fondé sur une nette séparation des fonctions entre les juridictions nationales et la Cour, toute appréciation des faits relève de la compétence du juge national. La Cour, en particulier, est uniquement habilitée à se prononcer sur l’interprétation ou la validité d’un texte de l’Union à partir des faits qui lui sont indiqués par la juridiction nationale (voir arrêt du 8 mai 2008, Danske Svineproducenter, C‑491/06, Rec. p. I‑3339, point 23 et jurisprudence citée). | 0 |
9,924 | 44. In that regard, it must be clarified at the outset that the notion of dependence refers, in essence, to a situation in which, as a result of his reduced autonomy, a person is reliant on the assistance of others in order to carry out the basic routines of everyday life (see, to that effect, Case C-388/09 da Silva Martins [2011] ECR I-5737, paragraphs 39 and 40). | 51. In the main proceedings, the Community institutions did not fail to take account of a known factor like the system of applying the alloy surcharge. They examined the factor of the application of the alloy surcharge and concluded that it constituted a small percentage of the final price. In those circumstances, it is for the parties pleading the invalidity of the regulation to adduce evidence to show that the concerted application of the alloy surcharge by the flat product producers could have had an effect of such magnitude that the final prices of stainless steel wires could no longer be used to establish the existence of injury to the Community industry and of the causal link between that injury and the subsidised imports. | 0 |
9,925 | 23. That presumption of relevance cannot be rebutted by the simple fact that one of the parties to the main proceedings contests certain facts, the accuracy of which is not a matter for the Court to determine and on which the delimitation of the subject-matter of those proceedings depends ( Cipolla and Others , paragraph 26). | 33. It should be pointed out at the outset that the Council of the European Union, in adopting Directive 1999/70, in order to implement the framework agreement, relied on Article 139(2) EC, which provides that agreements concluded at a Community level shall be implemented for matters covered by Article 137 EC. | 0 |
9,926 | 39. The Court has therefore held, in particular, that an advertising slogan cannot be required to display ‘imaginativeness’ or even ‘conceptual tension which would create surprise and so make a striking impression’ in order to have the minimal level of distinctiveness required under Article 7(1)(b) of Regulation No 40/94 ( OHIM v Erpo Möbelwerk , paragraphs 31 and 32; see also Case C‑392/02 P SAT.1 v OHIM [2004] ECR I‑8317, paragraph 41). | 114. Admittedly, the Court has also held that judicial review is limited with regard to whether a measure comes within the scope of Article 87(1) EC, in a case where the appraisals by the Commission are technical or complex in nature (see, inter alia, France v Ladbroke Racing and Commission , paragraph 25; Matra v Commission , paragraphs 29 and 30; Case C-56/93 Belgium v Commission , paragraphs 10 and 11; and Spain v Lenzing , paragraph 56). However, the Court of First Instance did not establish that this was the case here. | 0 |
9,927 | 61
In accordance with the Court’s settled case-law, if a request for substitution of grounds is to be admissible, the party concerned must have an interest in bringing proceedings, in the sense that the request must be capable, if successful, of procuring an advantage to the party making it. That may be the case where the request for substitution of grounds amounts to a defence to one of the applicant’s pleas (see judgments of 11 July 2013, Ziegler v Commission, C‑439/11 P, EU:C:2013:513, paragraph 42, and of 22 June 2016, DK Recycling und Roheisen v Commission, C‑540/14 P, EU:C:2016:469, paragraph 42). | 33. The Implementing Regulation therefore expressly provides that the Board of Appeal enjoys, when examining an appeal directed against a decision of the Opposition Division, the discretion deriving from the third subparagraph of Rule 50(1) of the Implementing Regulation and from Article 74(2) of Regulation No 40/94 to decide whether or not to take into account additional or supplementary facts and evidence which were not presented within the time-limits set or specified by the Opposition Division. | 0 |
9,928 | 15 From this the Court has concluded that, in ensuring respect for commitments arising from an agreement concluded by the Community institutions, the Member States fulfil, within the Community system, an obligation in relation to the Community, which has assumed responsibility for the due performance of the agreement (Demirel, cited above, paragraph 11). | 110. Under the principle of equal treatment as between tenderers, the aim of which is to promote the development of healthy and effective competition between undertakings taking part in a public procurement procedure, all tenderers must be afforded equality of opportunity when formulating their tenders, which therefore implies that the tenders of all competitors must be subject to the same conditions. | 0 |
9,929 | 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). | 57. In that regard, it must be found, contrary to the submissions of both the Netherlands Government and the Commission, that the number and type of sockets with which monitors such as those at issue in the main proceedings are equipped cannot, alone, constitute decisive criteria for the tariff classification of such monitors and that, for that purpose, an assessment must be made, in relation also to other criteria and in the light of the characteristics and objective properties of those monitors, both as to the degree to which they are capable of performing a number of functions and as to the standard of performance which they achieve when performing those functions. | 0 |
9,930 | 40. In order for a restriction on the freedom to provide services to be justified by the need to combat tax evasion and avoidance, the specific objective of that restriction must be to prevent conduct consisting in the creation of wholly artificial arrangements which do not reflect economic reality, with a view to escaping the tax normally due on the profits generated by activities carried out on the national territory (see, to that effect, Cadbury Schweppes and Cadbury Schweppes Overseas , paragraph 55, and Test Claimants in the Thin Cap Group Litigation , cited above, paragraph 74). | 85 So, in considering whether Article 100a was the proper legal basis, the Court must verify whether the measure whose validity is at issue in fact pursues the objectives stated by the Community legislature (see, in particular, Spain v Council, cited above, paragraphs 25 to 41, and Case C-233/94 Germany v Parliament and Council [1997] ECR I-2405, paragraphs 10 to 21). | 0 |
9,931 | Par conséquent, si la lettre de mise en demeure a pour but de circonscrire l’objet du litige, lequel ne peut plus être étendu
par la suite, l’avis motivé et la requête devant reposer sur les mêmes griefs, la Commission est toutefois libre de se fonder
par la suite sur des mesures ultérieures qui s’apparentent, pour l’essentiel, aux mesures contestées dans la mise en demeure
(voir, en ce sens, arrêts et du 18 mai 2006, Commission/Espagne, C‑221/04, non publié, EU:C:2006:329, point 37, du 6 septembre
2012, Commission/Portugal, C‑38/10, non publié, EU:C:2012:521, point 15, du 25 février 2016, Commission/Espagne, C‑454/14,
non publié, EU:C:2016:117, point 25). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,932 | 37 It is important to note that it is the acquisition of the goods or services by a taxable person acting as such that gives rise to the application of the VAT system and therefore of the deduction mechanism. The use to which the goods or services are put, or are intended to be put, merely determines the extent of the initial deduction to which the taxable person is entitled under Article 17 of the Sixth Directive and the extent of any adjustments in the course of the following periods, which must be made under the conditions laid down in Article 20 of that directive (Case C-97/90 Lennartz [1991] ECR I-3795, paragraph 15). | 40
That interpretation is also consistent with the broad logic of Directive 2003/87 and the objectives which it pursues (judgment of 28 April 2016, Borealis Polyolefine and Others, C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14, EU:C:2016:311, paragraph 69). | 0 |
9,933 | 34. The Court has given a wide interpretation to the words ‘reasons not related to the individual workers concerned’ used in Article 1(1) of that directive (see, to that effect, Case C‑55/02 Commission v Portugal [2004] ECR I‑9387, paragraph 49, and Joined Cases C‑187/05 to C‑190/05 Agorastoudis and Others [2006] ECR I‑7775, paragraph 28). Nevertheless, it follows from the text of that directive that the concept ‘collective redundancies’ within the meaning of that provision presupposes the existence both of an employer and of an act on his part. | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
9,934 | 50. L’article 27 de la directive «cadre» dérogeant au principe général, prévu par cette directive, de l’abrogation de la directive 98/10, il convient de relever que, selon une jurisprudence constante, une telle disposition doit faire l’objet d’une interprétation stricte (voir, en ce sens, arrêts du 29 avril 2004, Kapper, C‑476/01, Rec. p. I‑5205, point 72; du 26 octobre 2006, Commission/Espagne, C‑36/05, Rec. p. I‑10313, point 31, et du 16 juillet 2009, Infopaq International, C‑5/08, non encore publié au Recueil, point 56). | 27. The distinctive character of a trade mark, in whatever category, must be the subject of a specific assessment. | 0 |
9,935 | 25 The social character of such State measures is not sufficient to exclude them outright from classification as aid for the purposes of Article 92 of the Treaty (Case C-241/94 France v Commission [1996] ECR I-4551, paragraph 21, and Case C-342/96 Spain v Commission [1999] ECR I-2459, paragraph 23). Article 92(1) of the Treaty does not distinguish between measures of State intervention by reference to their causes or their aims but defines them in relation to their effects (Case C-56/93 Belgium v Commission [1996] ECR I-723, paragraph 79, and Case C-241/94 France v Commission, cited above, paragraph 20). | 73. As regards the need for effective controls, the French Government has failed to show that, even within the framework of an approval scheme, the competent authorities could not fulfil their supervisory function effectively unless bio-medical analysis laboratories had a permanent establishment in that Member State (see, to that effect, Commission v Germany , cited above, paragraph 54). | 0 |
9,936 | En premier lieu, en ce que Portovesme, en se fondant sur une jurisprudence relative au renvoi préjudiciel, reproche au Tribunal d’avoir procédé à une interprétation du droit national dans le cadre d’un recours en annulation, il convient de relever que le Tribunal est compétent pour constater et pour apprécier les faits dans le cadre des litiges dont il est saisi sur le fondement de l’article 230 TFUE (voir, en ce sens, arrêts du 6 avril 2006, General Motors/Commission, C‑551/03 P, EU:C:2006:229, point 51, et du 3 avril 2014, France/Commission, C‑559/12 P, EU:C:2014:217, point 78). | 85. Conformément à l’article 169, paragraphe 2, du règlement de procédure de la Cour, les moyens et les arguments de droit invoqués dans le cadre d’un pourvoi doivent identifier avec précision les points de motifs de la décision du Tribunal qui sont contestés. | 0 |
9,937 | 74. The Court has held that Member States are subject to special duties of action and abstention in a situation in which the Commission has submitted to the Council proposals which, although they have not been adopted by the Council, represent the point of departure for concerted Community action (Case 804/79 Commission v United Kingdom [1981] ECR I-1045, paragraph 28; Commission v Luxembourg , paragraph 59; and Commission v Germany , paragraph 65). | 59. In that regard, it must be recalled that the Court has already held that the Member States are subject to special duties of action and abstention in a situation in which the Commission has submitted to the Council proposals which, although they have not been adopted by the Council, represent the point of departure for concerted Community action (see Case 804/79 Commission v United Kingdom [1981] ECR I-1045, paragraph 28). | 1 |
9,938 | 46. It is thus clear from case-law that, whatever the mechanism adopted for preventing or mitigating the imposition of a series of charges to tax or economic double taxation, the freedoms of movement guaranteed by the Treaty preclude a Member State from treating foreign-sourced dividends less favourably than nationally-sourced dividends, unless such a difference in treatment concerns situations which are not objectively comparable or is justified by overriding reasons in the general interest (see, to that effect, Case C‑315/02 Lenz [2004] ECR I‑7063, paragraphs 20 to 49, and Case C‑319/02 Manninen [2004] ECR I‑7477, paragraphs 20 to 55). Likewise, as regards the decisions which Directive 90/435 leaves in the hands of the Member States, the Court has pointed out that these may be exercised only in compliance with the fundamental provisions of the Treaty, in particular those relating to freedom of establishment ( Keller Holding , paragraph 45). | 44
Furthermore, with regard to the question whether those works have been communicated to a ‘new’ public within the meaning of the case-law cited in paragraph 28 of the present judgment, the Court, in its judgment of 13 February 2014, Svensson and Others (C‑466/12, EU:C:2014:76, paragraphs 24 and 31) as well as in its order of 21 October 2014, BestWater International (C‑348/13, not published, EU:C:2014:2315, paragraph 14), has held that such a public is a public that was not taken into account by the copyright holders when they authorised the initial communication. | 0 |
9,939 | 10 It is settled case-law that the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under Community law and, on the other, to avail itself of its right to defend itself against the charges formulated by the Commission (see, in particular, Case C-152/98 Commission v Netherlands [2001] ECR I-3463, paragraph 23). | 68. Consequently, the exercise by the Parliament of its budgetary powers in plenary sitting constitutes, as the Parliament recognises, a fundamental event in the democratic life of the European Union and must therefore be carried out with all the attention, rigour and commitment which such a responsibility demands. The exercise of that power requires, inter alia, a public debate in plenary sitting enabling the citizens of the European Union to acquaint themselves with the various political orientations expressed and, as a result, to form a political opinion on the European Union’s actions. | 0 |
9,940 | 113 In any event, the fact that a different method of calculating the constructed normal value may have been applied under the previous legislation is irrelevant in this case since economic agents may not claim a right to have rules applied to them which may be altered by decisions taken by the Community institutions in the exercise of their powers (see, for example, the judgment in Case 256/84 Koyo Seiko Company Limited v Council [1987] ECR 1899, at paragraph 20). | 26 It should also be stressed that the objective of reducing water pollution caused by effluent pursued by such general programmes does not necessarily correspond to the more specific objective of Directive 78/659, which is to improve the quality of fresh waters in order to support fish life. | 0 |
9,941 | 23. It must also be borne in mind that it is settled case-law that any derogations from the rules intended to ensure the effectiveness of the rights conferred by the EC Treaty in connection with public procurement must be strictly interpreted (see, to that effect, Case C‑71/92 Commission v Spain [1993] ECR I-5923, paragraph 36) and that the burden of proving the actual existence of exceptional circumstances justifying a derogation lies on the person seeking to rely on those circumstances (see, to that effect, Case C-328/92 Commission v Spain [1994] ECR I-1569, paragraphs 15 and 16, and Commission v Italy , paragraphs 57 and 58). | 36 It should be stressed first of all that the provisions of Article 9 of Directive 71/305 and of Article 6 of Directive 77/62, which authorize derogations from the rules intended to ensure the effectiveness of the rights conferred by the Treaty in the field of public works and supply contracts, must be strictly interpreted (see, as regards Article 9 of Directive 71/305, the judgment in Case 199/85 Commission v Italy [1987] ECR 1039, paragraph 14). For the same reasons, the abovementioned provisions specifying the cases in which privately negotiated contracts may be concluded must be regarded as exhaustive. | 1 |
9,942 | 40
As regards, first, the form of the contested act, it must be recalled that the Treaties set up a system of allocation of powers among the EU institutions, assigning to each institution its own role in the institutional structure of the European Union and the accomplishment of the tasks entrusted to the European Union. Accordingly, Article 13(2) TEU provides that each institution is to act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out therein. That provision reflects the principle of institutional balance, characteristic of the institutional structure of the European Union, a principle which requires that each of the institutions must exercise its powers with due regard for the powers of the other institutions (judgment of 28 July 2016, Council v Commission, C‑660/13, EU:C:2016:616, paragraphs 31 and 32 and the case-law cited). | 36 VIEWED BY ITSELF , THE TAX SYSTEM INTRODUCED BY THE DANISH LEGISLATION CONTAINS INCONTESTABLE DISCRIMINATORY OR PROTECTIVE CHARACTERISTICS . ALTHOUGH IT DOES NOT ESTABLISH ANY FORMAL DISTINCTION ACCORDING TO THE ORIGIN OF THE PRODUCTS , IT HAS BEEN ADJUSTED SO THAT THE BULK OF THE DOMESTIC PRODUCTION OF SPIRITS COMES WITHIN THE MOST FAVOURABLE TAX CATEGORY WHEREAS ALMOST ALL IMPORTED PRODUCTS COME WITHIN THE MOST HEAVILY TAXED CATEGORY . THESE CHARACTERISTICS OF THE SYSTEM ARE NOT OBLITERATED BY THE FACT THAT A VERY SMALL FRACTION OF IMPORTED SPIRITS BENEFITS FROM THE MOST FAVOURABLE RATE OF TAX WHEREAS , CONVERSELY , A CERTAIN PROPORTION OF DOMESTIC PRODUCTION COMES WITHIN THE SAME TAX CATEGORY AS IMPORTED SPIRITS . IT THEREFORE APPEARS THAT THE TAX SYSTEM IS DEVISED SO THAT IT LARGELY BENEFITS A TYPICAL DOMESTIC PRODUCT AND HANDICAPS IMPORTED SPIRITS TO THE SAME EXTENT .
| 0 |
9,943 | 46. Furthermore, the Court held that to accept that the courts of the European Union have the direct responsibility for ensuring that EU law complies with the WTO rules would deprive the European Union’s legislative or executive bodies of the discretion which the equivalent bodies of the European Union’s commercial partners enjoy. It is not in dispute that some of the contracting parties, which are amongst the most important commercial partners of the European Union, have concluded from the subject-matter and purpose of the WTO agreements that they are not among the rules applicable by their courts when reviewing the legality of their rules of domestic law. Such lack of reciprocity, if admitted, would risk introducing an anomaly in the application of the WTO rules (see judgment in Portugal v Council , EU:C:1999:574, paragraphs 43 to 46; Van Parys , EU:C:2005:121, paragraph 53, and FIAMM and Others v Council and Commission , C‑120/06 P and C‑121/06 P, EU:C:2008:476, paragraph 119). | 31. In addition, Article 5 of Directive 2005/29 provides that unfair commercial practices are to be prohibited and sets out the criteria on the basis of which practices may to be classified as being unfair. | 0 |
9,944 | 34 First, the Court found that Article 2(1)(c) of the coordination directive and point 1 of the annex to that directive, as amended by Directive 82/76, imposed an obligation on Member States, in respect of doctors liable to benefit from the system of mutual recognition, to provide remuneration for periods of training in medical specialties in so far as they fell within the scope of the directive. That obligation was, in itself, unconditional and sufficiently precise (Carbonari, paragraph 44). | 25. In order for such a difference in treatment to be compatible with the provisions of the FEU Treaty on freedom of establishment, it must either relate to situations which are not objectively comparable — in which case the comparability of a crossborder situation with an internal situation must be examined having regard to the aim pursued by the national provisions at issue — or be justified by an overriding reason in the public interest (see, to this effect, Philips Electronics EU:C:2012:532, paragraph 17 and the case-law cited). | 0 |
9,945 | 56. Secondly, it should be observed that, within the scheme of Regulation No 44/2001, the international jurisdiction of the court seised is not subject to judicial scrutiny by the court of its own motion or on the application of the defendant, as is clear from Article 26 and point (2) of Article 34 of that regulation, unless the defendant can be regarded as not having entered an appearance. Accordingly, respect for the rights of the defence requires that the legal representative should be unable validly to enter an appearance on behalf of the defendant, for the purposes of Regulation No 44/2001, unless that measure does in fact ensure that an absent defendant’s rights of defence are respected. However, as is made clear by the case-law of the Court relating to Article 27(2) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ 1972 L 299, p. 32), as amended by the later conventions relating to the adherence of new Member States to the Brussels Convention, and by the case-law on point (2) of Article 34 of Regulation No 44/2001, where proceedings are initiated against a person without his knowledge and a lawyer or ‘representative’ appears on his behalf but without his authority, such a person is quite powerless to defend himself and must therefore be regarded as a defendant in default of appearance, for the purposes of point (2) of Article 34 of Regulation No 44/2001, even if the proceedings have become inter partes (see, to that effect, as regards the interpretation of the Convention of 27 September 1968, as amended, Hendrikman and Feyen , C‑78/95, EU:C:1996:380, paragraph 18, and the judgment in Hypoteční banka , EU:C:2011:745, paragraphs 53 and 54). | 13 That requirement cannot, however, go so far as to make it necessary that in every event the national provisions mentioned in the reasoned opinion and in the application should be completely identical. Where a change in the legislation occurred between those two phases in the procedure, it is sufficient that the system established by the legislation contested in the pre-litigation procedure has as a whole been maintained by the new measures which were adopted by the Member State after the issue of the reasoned opinion and have been challenged in the application (see the judgments in Case 45/64 Commission v Italy [1965] ECR 857 and in Case C-42/89 Commission v Belgium [1990] ECR I-2821). | 0 |
9,946 | 40. Article 6(1)(a) of Directive 2000/78 does not include clauses on automatic termination of employment contracts among those appearing on the list of differences of treatment on the grounds of age which may be justified and, for that reason, may be considered not to be discriminatory. However, that fact alone is not decisive as the list is merely a guide. Thus, when the Member States implement the directive, they are not obliged to draw up a specific list of differences in treatment which may be justified by a legitimate aim ( Age Concern England , paragraph 43). If, in the exercise of their discretion, they decide to do so, they may include in that list examples of differences in treatment and aims other than those expressly covered by the directive, provided that those aims are legitimate within the meaning of Article 6(1) thereof and are appropriate and necessary to achieve those aims. | 11 THE COURT HAS STATED IN A NUMBER OF DECISIONS THAT THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE SCOPE OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT , AND NOT ON WHETHER THE NATIONAL LEGISLATION DESCRIBES THE BENEFIT AS A SOCIAL SECURITY BENEFIT OR NOT .
| 0 |
9,947 | 35. Hence, in the absence of harmonisation of national legislation, obstacles to the free movement of goods which are the consequence of applying, to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods constitute measures of equivalent effect to quantitative restrictions even if those rules apply to all products alike (see, to that effect, ‘ Cassis de Dijon ’, paragraphs 6, 14 and 15; Case C‑368/95 Familiapress [1997] ECR I-3689, paragraph 8; and Case C‑322/01 Deutscher Apothekerverband [2003] ECR I-14887, paragraph 67). | 77. Consequently, the answer to the second question is that the principle of fiscal neutrality precludes a penalty consisting in a refusal of the right to deduct if VAT is accounted for belatedly, but does not preclude the payment of default interest, provided that that penalty complies with the principle of proportionality, which it is for the national court to determine.
Costs | 0 |
9,948 | 23. It is true that the Court has already held that the interpretation of provisions of an act of the Union in situations outside that act’s scope is justified where those provisions have been made applicable to such situations by national law directly and unconditionally in order to ensure that internal situations and situations governed by EU law are treated in the same way (see, to that effect, judgment in Nolan , EU:C:2012:638, paragraph 47 and the case-law cited). | 33. En tout état de cause, conformément au cadre réglementaire instauré à l’article 17 de la sixième directive dans lequel s’insèrent les huitième et treizième directives, c’est uniquement le lieu d’établissement qui est décisif pour le mode de restitution de la TVA, de sorte qu’un assujetti disposant d’un établissement stable en Italie est à considérer de ce fait comme établi dans ledit État membre et peut demander la déduction de la TVA pour ses acquisitions effectuées en Italie, qu’elles aient été effectuées par l’intermédiaire de cet établissement stable ou directement par son établissement principal situé en dehors de l’Italie. | 0 |
9,949 | 41
In order to establish the existence of the second element, which relates to the intention of operators, account may be taken, in particular, of the purely artificial nature of the transactions concerned (see, to that effect, judgments of 14 December 2000 in Emsland-Stärke, C‑110/99, EU:C:2000:695, paragraphs 53 and 58; of 21 February 2006 in Halifax and Others, C‑255/02, EU:C:2006:121, paragraph 81; of 21 February 2008 in Part Service, C‑425/06, EU:C:2008:108, paragraph 62; and of 13 March 2014 in SICES and Others, C‑155/13, EU:C:2014:145, paragraph 33). | 9. À cet égard, il suffit de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (arrêts du 2 juin 2005, Commission/Luxembourg, C‑266/03, Rec. p. I‑4805, point 36, et du 27 septembre 2007, Commission/République tchèque, C‑117/07, point 6). | 0 |
9,950 | 43. As the Advocate General has indicated in point 28 of her Opinion, there is nothing in the scheme or purpose of Directive 90/435 to suggest that there is any significant difference between the concepts of ‘refraining from taxing’ and ‘exempting’ the profits received by the parent company, as the Court has used the concept of ‘exempting’ interchangeably with that of ‘refrain[ing] from taxing’ within the meaning of Article 4(1) (see, inter alia, Case C‑374/04 Test Claimants in Class IV of the ACT Group Litigation [2006] ECR I‑11673, paragraph 53; Test Claimants in the FII Group Litigation , paragraphs 44 and 102; and Banque Fédérative du Crédit Mutuel , paragraph 44). | 33. Il y a lieu de rappeler que, selon une jurisprudence constante, l’indemnité de dépaysement prévue à l’article 69 du statut et dont les modalités d’octroi sont précisées à l’article 4, paragraphe 1, de l’annexe VII du même statut, disposition dans laquelle figure la notion de «services effectués pour un autre État», a pour objet de compenser les charges et désavantages particuliers résultant de la prise de fonctions auprès des Communautés pour les fonctionnaires qui sont, de ce fait, obligés de transférer leur résidence de l’État de leur domicile à l’État d’affectation et de s’intégrer dans un nouveau milieu. La notion de dépaysement dépend également de la situation subjective du fonctionnaire, à savoir de son degré d’intégration dans le nouveau milieu résultant, par exemple, de sa résidence habituelle ou de l’exercice d’une activité professionnelle principale (voir arrêts du 15 septembre 1994, Magdalena Fernández/Commission, C‑452/93 P, Rec. p. I‑4295, point 20, et du 21 juin 2007, Commission/Hosman-Chevalier, C-424/05 P, non encore publié au Recueil, point 35). | 0 |
9,951 | 37. However, that requirement cannot be carried so far as to mean that in every case the statement of complaints in the letter of formal notice, the operative part of the reasoned opinion and the form of order sought in the application must be exactly the same, provided that the subject-matter of the proceedings has not been extended or altered (Case C-191/95 Commission v Germany [1998] ECR I-5449, paragraph 56 and Case C-358/01 Commission v Spain [2003] ECR I-13145, paragraph 28). | 35 Consequently, it must be held that, by precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, the Hellenic Republic has failed to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Regulation No 1612/68, Article 7 of Regulation No 1251/70, Article 7 of Directive 75/34 and Article 3 of Regulation No 1408/71. | 0 |
9,952 | 51. Although it is apparent, inter alia, from the fifth to seventh recitals in the preamble to the First Directive that that directive sought to liberalise the rules regarding the movement of persons and motor vehicles between Member States with a view to the creation of an internal market, by abolishing the checks on green cards which were carried out at the borders of Member States, it pursued equally the objective of protecting victims (see, to that effect, Ruiz Bernáldez , EU:C:1996:143, paragraph 18). | 60. As regards proceedings before the European Union judicature, it should be recalled, as a preliminary point, that the General Court has exclusive jurisdiction to find and assess the facts and, in principle, to examine the evidence which it accepts in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced to it. Save where the clear sense of the evidence has been distorted, that appraisal does not therefore constitute a point of law which is subject as such to review by the Court of Justice (see, inter alia, Case C‑551/03 P General Motors v Commission [2006] ECR I‑3173, paragraph 52, and Case C‑535/06 P Moser Baer India v Council [2009] ECR I‑7051, paragraph 32 and the case-law cited). | 0 |
9,953 | 43. According to settled case-law, Article 43 EC precludes any national measure which, even if applicable without discrimination on grounds of nationality, is liable to hinder or render less attractive the exercise by Union nationals of the freedom of establishment that is guaranteed by the Treaty (see, to that effect, inter alia, Case C‑19/92 Kraus [1993] ECR I‑1663, paragraph 32; Gebhard , paragraph 37; Case C‑442/02 CaixaBank France [2004] ECR I‑8961, paragraph 11; and Case C‑169/07 Hartlauer [2009] ECR I‑0000, paragraph 33 and the case-law cited). | 29. It follows that the term ‘damage’, referred to in Chapter III of the Montreal Convention, must be construed as including both material and non‑material damage. | 0 |
9,954 | 50. Second, according to the Court’s case-law, it is apparent from, in particular, recital 19 and Article 13 of the basic regulation that the sole purpose of a regulation extending an anti-dumping duty is to ensure the effectiveness of that duty and to prevent its circumvention. Furthermore, the obligation to register the imports concerned, in the specific context of a circumvention, is also aimed at ensuring the effectiveness of the extended definitive measures by making possible the retroactive application of duties and thereby avoiding a situation in which the definitive measures to be applied are deprived of their effectiveness (judgment in Paltrade , C‑667/11, EU:C:2013:368, paragraphs 28 and 29). | 28. Accordingly, it must be pointed out that, according to the purpose and scheme of the basic Regulation, in particular recital 19 and Article 13, the sole purpose of a regulation extending an anti-dumping duty is to ensure the effectiveness of that duty and to prevent its circumvention. Consequently, a measure extending a definitive anti-dumping duty is merely ancillary to the initial act establishing that duty which protects the effective application of the definitive measures. | 1 |
9,955 | 35. More specifically, as is clear from the actual wording of the three indents of Article 6(1) of Decision No 1/80, the rights on which Turkish workers can rely under those provisions vary themselves and are subject to conditions which differ according to the duration of the legal employment in the host Member State (see Case C-355/93 Eroglu [1994] ECR I-5113, paragraph 12: Tetik , paragraph 23: Eker , paragraph 21: Günaydin , paragraph 25; and Ertanir , paragraph 25). | 57. In that respect, it is not apparent that the referral of the case back to a Chamber with an entirely different composition from that which first heard and determined the case must, or can, under Community law, be regarded as a general obligation. | 0 |
9,956 | 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. | 18 Furthermore, if the forwarding of the information to the other Member State were subject to the requirement that that State should have made the assessment to tax beforehand, that would imply that the authorities holding that information needed to have extensive knowledge of the factual and legal framework prevailing in that State. To make the obligation to exchange information spontaneously subject to such a requirement would run counter to the abovementioned objective of the Directive. | 0 |
9,957 | 35 In paragraph 37 of that same judgment, the Court also pointed out that it is settled case-law that a Member State cannot unilaterally adopt, on its own authority, corrective or protective measures designed to obviate any breach by another Member State of rules of Community law (see also the judgments in Joined Cases 90/63 and 91/63 Commission v Luxembourg and Belgium [1964] ECR 625, Case 232/78 Commission v France [1979] ECR 2729, paragraph 9, and Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 20). | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
9,958 | 20. The Court also held, in paragraphs 16 to 20 of the judgment in Peacock , that network cards are designed solely for automatic information processing machines, that they are directly connected to those machines and that their function is to supply and accept data in a form which those machines can use. From this it inferred that network cards are comparable to any other medium whereby an automatic data processing machine accepts or delivers data in the sense that they have no function which they would be capable of performing without the assistance of such a machine. Accordingly, the final subparagraph of Note 5(B) to Chapter 84 of the CN, in the version in force prior to 1 January 1996, could not preclude them from being classified under heading No 8471, given that they do not perform any specific function. Furthermore, network cards satisfy the conditions relating to ‘units’ set out in that note, since they can be connected to the central unit and are specifically designed as parts of an automatic data-processing system. | 26 It also follows that the Court of First Instance was right to hold, at paragraph 69 of the contested judgment, that where it is confronted with a matter which is highly complex and sensitive the Commission must be accorded the right to seek a further opinion from the CVMP even though Regulation No 2377/90 is silent on the point. | 0 |
9,959 | 51. Accordingly, the characteristics of the remedy provided for in Article 39 of that directive must be determined in a manner that is consistent with Article 47 of the Charter, which constitutes a reaffirmation of the principle of effective judicial protection and provides that everyone whose rights and freedoms guaranteed by EU law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in that article (see, by analogy, judgment in Abdida , C‑562/13, EU:C:2014:2453, paragraph 45 and the case-law cited). | 52 It is even more important that when national courts rule on agreements or practices which are already the subject of a Commision decision they cannot take decisions running counter to that of the Commission, even if the latter's decision conflicts with a decision given by a national court of first instance. | 0 |
9,960 | 79
Moreover, according to settled case-law of the Court of Justice, the General Court alone has jurisdiction to examine how in each particular case the Commission assessed the gravity of unlawful conduct. In an appeal, the purpose of review by the Court of Justice is, first, to examine to what extent the General Court took into consideration, in a legally correct manner, all the essential factors to assess the gravity of particular conduct in the light of Article 101 TFEU and Article 23 of Regulation No 1/2003 and, second, to consider whether the General Court responded to a sufficient legal standard to all the arguments raised in support of the claim for reduction of the fine. The gravity of infringements of EU competition law must be determined by reference to numerous factors such as, in particular, the deterrent effect of fines, the specific circumstances and context of the case, including the conduct of each of the undertakings, the role played by each of them in the establishment of the cartel, the profit which they were able to derive from it, their size, the value of the goods concerned and the threat that infringements of that type pose to the objectives of the European Union (see, to that effect, judgment of 11 July 2013, Team Relocations and Others v Commission, C‑444/11 P, not published, EU:C:2013:464, paragraphs 95, 99 and 100). | 24 The directive therefore requires Member States to ensure that certain results are achieved and, except within the limits of the derogations laid down, they may not rely on special circumstances in order to justify a failure to discharge that obligation. | 0 |
9,961 | 63. Nevertheless, it is settled case-law that fundamental rights do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not involve, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed (see, to that effect, Case C-28/05 Doktor and Others [2006] ECR I-5431, paragraph 75 and the case-law cited, and the judgment of the ECHR in Fogarty v United Kingdom, no. 37112/97, §33, ECHR 2001-XI (extracts)). | 22 The Council then replaced the words "the spouse" by "the person entitled to the family benefits or family allowances, or the person to whom they are paid". | 0 |
9,962 | 51. In the area of public procurement, Articles 2d and 2f of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33), as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 (OJ 2007 L 335, p. 31), read in the light of recitals 25 to 27 of Directive 2007/66, enable the Member States to limit, under certain conditions, the right to bring actions against contracts concluded in breach of EU law (see, to that effect, judgment in MedEval , C‑166/14, EU:C:2015:779, paragraphs 34 and 35). It follows that, in certain circumstances, the interest in preventing legal uncertainty may justify putting the stability of contractual arrangements already in the course of performance before observance of EU law. | 63. In this respect the Member States unarguably enjoy broad discretion in their choice of the measures capable of attaining their objectives in the field of social and employment policy. | 0 |
9,963 | 56. Furthermore, the calculation of the limitation period cannot, in accordance with the case‑law cited in paragraph 36 of the present judgment, be based on criteria which are anything other than strictly objective nor, as the General Court has rightly pointed out, can that calculation differ according to whether the interruption of that period is caused by the bringing of an action or the making of a prior application. Application of the extension on account of distance to the limitation period would have the consequence that limitation would occur at the end of a different period depending on whether the aggrieved party has chosen to bring the matter directly before the General Court or to make a prior application to the competent European Union institution, something which would be at variance with the requirement of legal certainty necessary for the application of limitation periods ( Commission v Cantina sociale di Dolianova and Others , paragraph 60). | 62
As noted by the Advocate General in paragraphs 83 et seq of his Opinion, the conferral of implementing powers on the Council was already provided for in Article 15(2) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1) and Article 36(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1). Both provisions were grounded on, respectively, recital 6 of Regulation No 423/2007 and recital 15 of Regulation No 961/2010. That latter recital states that ‘[t]he power to amend the lists in Annexes VII and VIII to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security posed by Iran as manifested by the deepening concern about its nuclear programme underlined by the European Council on 17 June 2010, and to ensure consistency with the process for amending and reviewing Annexes I and II to Decision 2010/413/CFSP.’ | 0 |
9,964 | 17. It follows that the presumption that questions referred by national courts for a preliminary ruling are relevant may be rebutted only in exceptional cases, where it is quite obvious that the interpretation which is sought of the provisions of Community law referred to in the questions bears no relation to the actual facts of the main action or to its purpose (Case C‑415/93 Bosman [1995] ECR I‑4921, paragraph 61, and Case C‑212/06 Gouvernement de la Communauté française and Gouvernement wallon [2008] ECR I‑1683, paragraph 29). | 101. Il appartient dès lors au Tribunal, compétent en vertu de l’article 256, paragraphe 1, TFUE, de se prononcer sur de telles demandes d’indemnité, en statuant dans une formation différente de celle ayant eu à connaître du litige qui a donné lieu à la procédure dont la durée est critiquée et en appliquant les critères définis aux points 96 à 100 du présent arrêt. | 0 |
9,965 | 203. The Court has consistently held that, in interpreting a provision of Community law, it is necessary to consider not only its wording but also the context in which it occurs and the objects of the rules of which it forms part (Case C-223/98 Adidas [1999] ECR I-7081, paragraph 23; Case C-301/98 KVS International [2000] ECR I-3583, paragraph 21; Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 50, and Case C-191/99 Kvaerner [2001] ECR I-4447, paragraph 30). | 40 As is clear from paragraphs 28 and 33 of the present judgment, but for the specific system of coordination established by Regulation No 1247/92, a person in Mr Snares' position would have been able to rely on the principle of exportability of invalidity benefits laid down in Article 10(1) of Regulation No 1408/71 in order to retain entitlement to DLA. | 0 |
9,966 | 46. Consequently, a measure by which the public authorities grant certain undertakings a tax exemption which, although not involving the transfer of State resources, places the recipients of the exemption in a more favourable financial position than that of other taxpayers amounts to State aid within the meaning of Article 87(1) EC. Likewise, a measure allowing certain undertakings a tax reduction or to postpone payment of tax normally due can amount to State aid ( Cassa di Risparmio di Firenze and Others , paragraph 132). | 38. In any event, as the Advocate General has noted in point 33 of her Opinion, the fact that part-time work is remunerated at a lower hourly rate than full-time work does not systematically lead to the conclusion that there is discrimination in so far as the difference in pay between part-time work and full-time work is attributable to factors which are objectively justified and are unrelated to any discrimination on grounds of sex (see, to this effect, Case 96/80 Jenkins [1981] ECR 911, paragraphs 10 and 11). In the present case the Court does not have the information necessary for such an examination. | 0 |
9,967 | 39. The jurisdiction of the Court of Justice to review the findings of fact by the Court of First Instance therefore extends, inter alia, to the substantive inaccuracy of those findings as apparent from the documents in the file, the distortion of the evidence, the legal characterisation of that evidence and the question whether the rules relating to the burden of proof and the taking of evidence have been observed ( ( Joined Cases C-2/01 P and C‑3/01 P BAI and Commission v Bayer [2004] ECR I-23, paragraphs 47, 61 and 117, and Case C-551/03 P General Motors v Commission [2006] ECR I-3173, paragraphs 51 and 52). | 79. For the purposes of such an assessment, account must be taken of several complementary criteria, which are not autonomous and are interdependent. Consequently, they must be applied individually and in the light of their interaction with one another, given that in different specific situations, they may be met to varying degrees. | 0 |
9,968 | 26 Goods are supplied `for consideration' within the meaning of Article 2, point 1, of the Sixth Directive only if there is a legal relationship between the supplier and the purchaser entailing reciprocal performance, the price received by the supplier constituting the value actually given in return for the goods supplied (see, to that effect, concerning the supply of services, Case C-16/93 Tolsma [1994] ECR I-743, paragraph 14). | 35. Also, it is clear from settled case-law that the need for a uniform interpretation of the provisions of Community law means that, in cases of doubt, the text of a provision should not be considered in isolation in one of its versions, but requires, on the contrary, that it should be interpreted and applied in the light of the versions existing in the other official languages (Case C-321/96 Mecklenburg [1998] ECR I‑3809, paragraph 29, and Case C-311/06 Consiglio Nazionale degli Ingegneri [2009] ECR I‑0000, paragraph 53). The expression ‘ particularités topographiques ’ in the French version of Regulation No 1782/2003 must therefore be compared, for example, with the expression ‘landscape features’ in the English version of that regulation. | 0 |
9,969 | 27. That procedure constitutes an autonomous and complete system, independent of the legal systems of the Contracting States, including the matter of appeals (see Deutsche Genossenschaftsbank , paragraphs 16 and 17). The rules relating to it must be interpreted strictly (see SISRO , paragraphs 35 and 39). It follows that Article 36 of the Brussels Convention excludes procedures whereby interested third parties may challenge an enforcement order under domestic law (see Deutsche Genossenschaftsbank , paragraph 17, and Case C‑172/91 Sonntag [1993] ECR I-1963, paragraph 33). | 46. It must be recalled that the purpose of Regulation No 1348/2000 is to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States. However, that regulation does not go so far as to define in a precise and uniform manner the notion of extrajudicial documents. | 0 |
9,970 | 42. In that connection, the classification of the contested decision as a decision within the meaning of Article 249 EC or as a sui generis decision is not conclusive in the present case for the purpose of deciding whether it must be subject to the obligation that it be reasoned. That obligation, which is justified in particular by the need for the Court to be able to exercise judicial review, must apply to all acts which may be the subject of an action for annulment. According to settled case-law, acts open to challenge, within the meaning of Article 230 EC, are any measures adopted by the institutions, whatever their form, which are intended to have binding legal effects (see, inter alia, the AETR judgment, paragraph 42, Case 60/81 IBM v Commission [1981] ECR 2639, paragraph 9, and Case C‑521/06 P Athinaïki Techniki v Commission [2008] ECR I-5829, paragraph 42). It follows that, in principle, any measure producing binding effects is subject to the obligation to state reasons. | 45
It follows from all of the foregoing that a person who has ceased to work in a self-employed capacity, because of an absence of work owing to reasons beyond his control, after having carried on that activity for more than one year, is, like a person who has involuntarily lost his job after being employed for that period, eligible for the protection afforded by Article 7(3)(b) of Directive 2004/38. As set out in that provision, that cessation of activity must be duly recorded. | 0 |
9,971 | 24. It follows that the indirect nature of the services, resulting from the fact that they were supplied and invoiced by a first supplier to an undertaking, which was itself commissioned to perform advertising services, before being invoiced by that undertaking to the advertiser, does not constitute an obstacle to the application of Article 9(2)(e) of the Sixth Directive ( Design Concept , paragraph 18). | 70. In that connection it is important to bear in mind that a restrictive measure can be considered to be suitable for securing the attainment of the objective pursued only if it genuinely reflects a concern to attain that objective in a consistent and systematic manner (see, to that effect, Case C‑169/07 Hartlauer [2009] ECR I‑1721, paragraph 55; Joined Cases C‑171/07 and C-172/07 Apothekerkammer des Saarlandes and Others [2009] ECR I-4171, paragraph 42; and Case C-42/07 Liga Portuguesa de Futebol Profissional and Bwin International [2009] ECR I-7633, paragraphs 59 to 61). | 0 |
9,972 | 25. Consequently, where questions submitted by national courts concern the interpretation of a provision of Community law, the Court is, in principle, obliged to give a ruling (see Dzodzi and Gmurzynska-Bscher , cited above, paragraphs 35 and 20 respectively). Neither the wording of Article 177 nor the aim of the procedur e established by that article indicates that the Treaty makers intended to exclude from the jurisdiction of the Court requests for a preliminary ruling on a Community provision where the domestic law of a Member State refers to that Community provision in order to determine the rules applicable to a situation which is purely internal to that State (see Dzodzi and Gmurzynska-Bscher , cited above, paragraphs 36 and 25 respectively). | 30. À cet égard, un brevet protégeant plusieurs «produits» distincts peut certes permettre en principe d’obtenir plusieurs CCP en lien avec chacun de ces produits distincts, pour autant notamment que chacun de ceux-ci soit «protégé» en tant que tel par ce «brevet de base» au sens de l’article 3, sous a), du règlement nº 469/2009, lu en combinaison avec l’article 1 er , sous b) et c), de celui-ci (arrêt du 12 décembre 2013, Actavis Group PTC et Actavis UK, C‑443/12, point 29) et soit contenu dans un médicament disposant d’une AMM. | 0 |
9,973 | 49
In that regard, it should be borne in mind, as the General Court correctly did in paragraph 328 of the judgment under appeal, that the maximum amount laid down in Article 23(2) of Regulation No 1/2003 must be calculated on the basis of the total turnover of all the companies constituting the single economic entity acting as an undertaking for the purposes of Article 81 EC, which now corresponds to Article 101 TFEU (see judgments of 8 May 2013 in Eni v Commission, C‑508/11 P, EU:C:2013:289, paragraph 109; of 11 July 2013 in Team Relocations and Others v Commission, C‑444/11 P, EU:C:2013:464, paragraphs 172 and 173; and of 26 November 2013 in Groupe Gascogne v Commission, C‑58/12 P, EU:C:2013:770, paragraph 56). The proportionality of a fine must in particular be assessed having regard to the objective of deterrence which is sought by its imposition and consideration of that total figure is therefore necessary for the purposes of that assessment in order to take into account the economic power of that entity (see, to that effect, judgment of 20 January 2016 in Toshiba Corporation v Commission, C‑373/14 P, EU:C:2016:26, paragraphs 83 and 84). | 35. The national rules at issue in the main proceedings seek only to determine the right of the victim, and the possible extent of that right, to compensation on the basis of the civil liability of the insured person. However, they are not such as to limit any civil liability insurance cover established for the insured person. | 0 |
9,974 | 52. Moreover, as the Court has already stated, in choosing the appropriate solution for guaranteeing that the objective of Directive 76/207 is attained, the Member States must ensure that infringements of Community law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of domestic law of a similar nature and importance (Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 24, and Case C-180/95 Draehmpaehl [1997] ECR I-2195, paragraph 29). That reasoning applies mutatis mutandis to infringements of Community law of a similar nature and importance. | 17. It should be noted at the outset that Article 107(1) TFEU prohibits, in principle, aid ‘favouring certain undertakings or the production of certain goods’, that is to say selective aid. | 0 |
9,975 | 22. Proceedings concerning State aid may be commenced before national courts requiring those courts to interpret and apply the concept of aid contained in Article 107(1) TFEU, in particular in order to determine whether State aid introduced without observance of the preliminary examination procedure provided for in Article 108(3) TFEU ought to have been subject to this procedure (see, to that effect, judgment in Fédération nationale du commerce extérieur des produits alimentaires and Syndicat national des négociants et transformateurs de saumon, C‑354/90, EU:C:1991:440, paragraphs 9 and 10 and the case-law cited). | 110. Dans l’arrêt attaqué, notamment aux points 150 à 152 de celui-ci, le Tribunal, premièrement, a affirmé que l’insuffisance d’information préalable à l’égard des requérants ne saurait être de nature à entraîner par elle-même l’illégalité des décisions litigieuses. Deuxièmement, il a rappelé que, selon une jurisprudence constante, la légalité d’un acte individuel attaqué devant le juge communautaire doit être appréciée en fonction des éléments de fait et de droit existant à la date à laquelle l’acte a été adopté et que, à cet égard, les décisions litigieuses ont toutes été adoptées conformément aux nouvelles dispositions impératives de l’article 12, paragraphe 3, de l’annexe XIII du statut, dont l’illégalité n’a pas été démontrée. | 0 |
9,976 | 29. According to the 10th recital in the preamble to the Directive, the appreciation of such likelihood ‘depends on numerous elements and, in particular, on the recognition of the trade mark on the market, of the association which can be made with the used or registered sign, of the degree of similarity between the trade mark and the sign and between the goods or services identified’. The likelihood of confusion must therefore be appreciated globally, taking into account all factors relevant to the circumstances of the case (see Case C-251/95 SABEL [1997] ECR I-6191, paragraph 22; Case C-425/98 Marca Mode [2000] ECR I‑4861, paragraph 40; and Medion , paragraph 27). | 235. As the Advocate General has observed in point 93 of her Opinion, a biological species is the totality of all individual beings which form a reproducing community. | 0 |
9,977 | 74. It is settled case-law that any trader on the part of whom an institution has promoted reasonable expectations may rely on the principle of the protection of legitimate expectations. However, if a prudent and circumspect trader could have foreseen that the adoption of a Community measure is likely to affect his interests, he cannot plead that principle if the measure is adopted (see, inter alia, Atlanta v European Community , cited above, paragraph 52, and Di Lenardo and Dilexport , cited above, paragraph 70). | 39. It follows that, even if the Parliament, pursuant to a request from the Member concerned, adopts, on the basis of those rules, a decision to defend immunity, that constitutes an opinion which does not have binding effect with regard to national judicial authorities. | 0 |
9,978 | 35. In that respect, the principle of the right to be heard, whose observance is ensured by the Court, requires a public authority to hear interested parties before adopting a decision which concerns them (Case C‑315/99 P Ismeri Europea v Court of Auditors [2001] ECR I‑5281, paragraph 28, and Denmark v Commission , paragraph 45). | 18 Consequently, the French Republic was required to adopt binding measures to prohibit all fishing activity provisionally even before the quotas were exhausted . The French authorities were therefore under an obligation to stop fishing for flatfish not later than 21 June 1985 and fishing for redfish not later than 13 July 1985 . | 0 |
9,979 | 69. Furthermore, the derogations provided for in Articles 296 EC and 297 EC must, in accordance with settled case-law in respect of derogations from fundamental freedoms (see, inter alia, Case C‑503/03 Commission v Spain [2006] ECR I‑1097, paragraph 45; Case C‑490/04 Commission v Germany [2007] ECR I‑6095, paragraph 86; and Case C‑141/07 Commission v Germany [2008] ECR I‑6935, paragraph 50) be interpreted strictly. | 9. À cet égard, il convient de rappeler que, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et que les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts du 19 juin 2003, Commission/France, C‑161/02, Rec. p. I‑6567, point 9, et du 26 avril 2007, Commission/Italie, C‑135/05, Rec. p. I‑3475, point 36). | 0 |
9,980 | 60. It should be recalled, as is clear, in particular, from paragraph 21 of the present judgment, that for the trade mark proprietor to be able lawfully to oppose further marketing of a repackaged pharmaceutical product it is sufficient that one of the conditions set out in paragraph 79 of Bristol-Myers Squibb and Others is not fulfilled. | 31
The right to be heard guarantees the applicant for subsidiary protection the opportunity to put forward effectively, in the course of the administrative procedure, his views regarding his application for subsidiary protection and grounds that may give the competent authority reason to refrain from adopting an unfavourable decision (see, by analogy, judgments of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 54, and of 17 March 2016, Bensada Benallal, C‑161/15, EU:C:2016:175, paragraph 33). | 0 |
9,981 | 12 In so far as Mr Bostock infers from the alleged breach of those general principles that a Member State is under an obligation to adopt national provisions enabling a tenant to obtain compensation, the national court seeks further information on the meaning and scope of the Court' s judgment in Case 5/88 Wachauf v Germany [1989] ECR 2609, which it considers decisive for the resolution of the issues before it. | 22 The Community regulations in question accordingly leave the competent national authorities a sufficiently wide margin of appreciation to enable them to apply those rules in a manner consistent with the requirements of the protection of fundamental rights, either by giving the lessee the opportunity of keeping all or part of the reference quantity if he intends to continue milk production, or by compensating him if he undertakes to abandon such production definitively . | 1 |
9,982 | 44
Second, it must be recalled that, in a situation where the liability of a parent company is purely derivative of that of its subsidiary and in which no other factor individually reflects the conduct for which the parent company is held liable, the liability of that parent company cannot exceed that of its subsidiary (see, to that effect, judgments of 22 January 2013, Commission v Tomkins, C‑286/11 P, EU:C:2013:29, paragraphs 37, 39, 43 and 49, and of 17 September 2015, Total v Commission, C‑597/13 P, EU:C:2015:613, paragraph 38). | 23. For VAT to be deductible, the input transactions must have a direct and immediate link with the output transactions giving rise to a right of deduction. Thus, the right to deduct VAT charged on the acquisition of input goods or services presupposes that the expenditure incurred in acquiring them was a component of the cost of the output transactions that gave rise to the right to deduct (see, in particular, judgments in Cibo Participations , C‑16/00, EU:C:2001:495 paragraph 31, and Portugal Telecom , C‑496/11, EU:C:2012:557, paragraph 36). | 0 |
9,983 | 81
That power may be exercised, on grounds of legal certainty, in particular where the annulment of a decision adopted by the Council, in the context of the procedure laid down in Article 218 TFEU for negotiating and concluding international agreements, is such as to call into question the participation of the European Union in the international agreement concerned or its implementation, even though there is no doubt as to the competence of the European Union for that purpose (see, with regard to decisions relating to the signature of international agreements, judgments of 22 October 2013, Commission v Council, C‑137/12, EU:C:2013:675, paragraphs 80 and 81; of 24 June 2014, Parliament v Council, C‑658/11, EU:C:2014:2025, paragraph 90; and of 28 April 2015, Commission v Council, C‑28/12, EU:C:2015:282, paragraphs 61 and 62). | 106. The only arguments which are capable of providing adequate reasons for prohibiting the mail-order trade in medicinal products are those relating to the need to provide individual advice to the customer and to ensure his protection when he is supplied with medicines and to the need to check that prescriptions are genuine and to guarantee that medicinal products are widely available and sufficient to meet requirements. | 0 |
9,984 | 39 Lastly, it must be recalled that, since the Commission enjoys a wide measure of discretion, particularly as to the nature and extent of the measures which it adopts, the Community judicature must, when reviewing such measures, restrict itself to examining whether the exercise of such discretion is vitiated by a manifest error or a misuse of powers or whether the Commission did not clearly exceed the bounds of its discretion (Case 98/78 Racke v Hauptzollamt Mainz [1979] ECR 69, paragraph 5). | 27 In the present case, the letter of formal notice must be held to satisfy the degree of precision required by the case-law, because identification of the Member State's non-compliance and its designation as being capable of constituting an infringement of Articles 4, 5, 6, 7 and 10 of Directive 75/442 were sufficient to enable the Italian Republic to present its defence. | 0 |
9,985 | 37
Therefore, if one of the conditions for the grant of agri-environmental aid, such as the submission of an annual application for payment of support required by the national rules at issue in the main proceedings, is not complied with, even if only once, throughout the duration of the agri-environmental project in respect of which the beneficiary of that same aid has given a commitment, that aid cannot be granted (judgment of 7 February 2013 in Pusts, C‑454/11, EU:C:2013:64, paragraph 35). | 35. Furthermore, it is necessary to note that, so far as concerns the agri-environmental aid characterised by a multi-annual commitment, the conditions for the grant of support must be observed throughout the commitment period in respect of which the support was granted (see Hehenberger , paragraph 34). Therefore, if one of the conditions for the grant of such aid, such as the submission of an annual application for payment of support required by the national rules at issue in the main proceedings, is not complied with, even if only once, throughout the duration of the agri-environmental project in respect of which the beneficiary of that same aid has given a commitment, that aid cannot be granted. | 1 |
9,986 | 31. That being so, by adopting Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, the European Union legislature is deemed to have exercised the competence previously devolved on the Member States in the field of intellectual property. Within the scope of that directive, the European Union must be regarded as having taken the place of the Member States, which are no longer competent to implement the relevant stipulations of the Berne Convention (see, to that effect, Luksan , paragraph 64). | 58. D’autre part, en vertu d’une jurisprudence constante de la Cour rappelée à juste titre par le Tribunal au point 109 de l’arrêt attaqué, il appartient à la Commission, aux fins de prouver l’existence d’une violation des règles de l’organisation commune des marchés agricoles, non pas de démontrer d’une façon exhaustive l’insuffisance des contrôles effectués par les administrations nationales ou l’irrégularité des chiffres transmis par elles, mais de présenter un élément de preuve du doute sérieux et raisonnable qu’elle éprouve à l’égard des contrôles effectués par les administrations nationales ou de l’irrégularité des chiffres transmis par elles. Cet allègement de la charge de la preuve pour la Commission s’explique par le fait que c’est l’État qui est le mieux placé pour recueillir et vérifier les données nécessaires à l’apurement des comptes du FEOGA, et auquel il incombe, en conséquence, de présenter la preuve la plus détaillée et complète de la réalité de ses contrôles ou de ses chiffres et, le cas échéant, de l’inexactitude des affirmations de la Commission (voir en ce sens, notamment, arrêts Grèce/Commission, C‑247/98, EU:C:2001:4, points 7 à 9, et Portugal/Commission, C‑335/03, EU:C:2005:231, point 68). | 0 |
9,987 | 29 Article 93 of the Treaty provides for a special procedure by which the Commission is to keep State aid under constant review. As regards proposed new grants of aid by the Member States, it establishes a procedure which must be followed before any aid can be regarded as lawfully granted. Under the first sentence of Article 93(3) of the Treaty, as interpreted by the case-law of the Court, the Commission is to be notified of any plans to grant or alter aid before those plans are implemented (Case C-367/95 P Commission v Sytraval and Brink's France [1998] ECR I-1719, paragraph 35). | 55. However, it must be observed that packaging, labels and advertising for natural mineral waters which, regardless of the indication of the total sodium content of those waters on the label, in accordance with the provision referred to in the preceding paragraph of the present judgment, contain an indication referring to a low sodium content of the waters may also mislead the consumer if they suggest that those waters are low in sodium or salt or are suitable for a low-sodium diet, whereas, in reality, they contain 20 mg/l or more of sodium (see, by analogy, judgment in Teekanne , C‑195/14, EU:C:2015:361, paragraphs 38 to 41). | 0 |
9,988 | 33
In this regard, it must be recalled that, in accordance with recital 46 and Article 2 of Directive 2004/18, contracting authorities are required to afford economic operators equal, non-discriminatory and transparent treatment (judgments of 7 April 2016, Partner Apelski Dariusz, C‑324/14, EU:C:2016:214, paragraph 60, and of 4 May 2017, Esaprojekt, C‑387/14, EU:C:2017:338, paragraph 35). | 53. A proper application of the precautionary principle requires, in the first place, the identification of the potentially negative consequences for health of the proposed addition of nutrients, and, secondly, a comprehensive assessment of the risk for health based on the most reliable scientific data available and the most recent results of international research (see Commission v Denmark , paragraph 51). | 0 |
9,989 | 52. Moreover, Article 3(1) of Directive 2004/38 requires that the family member of the Union citizen moving to or residing in a Member State other than that of which he is a national should accompany or join him, in order to be a beneficiary of the directive (see judgment in Iida , C‑40/11, EU:C:2012:691, paragraph 61). | 54. The employer may not render nugatory the right of a worker who has taken parental leave to be transferred to another post, in accordance with the conditions laid down in clause 2.5 of the Framework Agreement on Parental Leave, by offering that worker a post which is due to be abolished. | 0 |
9,990 | 19. According to the Court’s case-law, where a transaction comprises a bundle of features and acts, regard must be had to all the circumstances in which the transaction in question takes place in order to determine, firstly, if there were two or more distinct supplies or one single supply and, secondly, whether, in the latter case, that single supply is to be regarded as a supply of services (see, to that effect, Case C‑231/94 Faaborg‑Gelting Linien [1996] ECR I‑2395, paragraphs 12 to 14, and CPP , paragraphs 28 and 29). | 60. In those circumstances, Article 63 TFEU requires a Member State which has a system for preventing economic double taxation as regards dividends paid to resident companies by other resident companies to accord equivalent treatment to dividends paid to resident companies by companies established in non‑member States party to the EEA Agreement (see, to this effect, Test Claimants in the FII Group Litigation , paragraph 72). | 0 |
9,991 | 16
As regards Article 50 of the Charter, it should be noted that tax penalties and criminal proceedings, such as those at issue in the main proceedings, which concern offences relating to VAT and seek to ensure the correct collection of that tax and to avoid fraud, constitute implementation of Articles 2 and 273 of Directive 2006/112 and of Article 325 TFEU and, therefore, of European Union law for the purposes of Article 51(1) of the Charter (see, to that effect, judgments of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraphs 24 to 27, and of 8 September 2015, Taricco and Others, C‑105/14, EU:C:2015:555, paragraphs 49, 52 and 53). Therefore, since provisions of national law dealing with criminal proceedings concern offences relating to VAT, such as those at issue in the main proceedings, they come within the scope of application of Article 50 of the Charter. | 63. It follows that a pension paid under a scheme such as that established by the BeamtVG, which satisfies the three criteria which characterise the employment relationship, falls within the scope of Article 119 of the Treaty and, as of 1 May 1999, that of Article 141(1) and (2) EC. | 0 |
9,992 | 45. As is apparent from the case-law cited in paragraph 37 of this judgment, and contrary to what Mr Peśla claims, it is in relation to the professional qualification required by the rules of the host Member State that the knowledge attested by the diploma granted in another Member State and the qualifications and/or work experience obtained in other Member States, together with the experience obtained in the Member State in which the candidate seeks enrolment, must be examined (see also, to that effect, Aguirre Borrell and Others , paragraph 11; Case C‑164/94 Aranitis [1996] ECR I‑135, paragraph 31; Dreessen , paragraph 24; and Morgenbesser , paragraph 67). | 98. Or, l’article 3 de la directive 85/337 précise, s’agissant du contenu de l’évaluation des incidences sur l’environnement, que celle-ci doit comporter une description des effets directs et indirects d’un projet sur l’environnement (voir arrêts du 16 mars 2006, Commission/Espagne, C‑332/04, point 33; du 28 février 2008, Abraham e.a., C‑2/07, Rec. p. I‑1197, points 43 à 45, ainsi que Ecologistas en Acción-CODA, précité, point 39). Par ailleurs, l’annexe IV de cette directive inclut, parmi les informations à fournir par le maître d’ouvrage en vertu de l’article 5, paragraphe 1, de celle-ci, une description des effets cumulatifs du projet sur l’environnement. De même, pour déterminer si un État membre doit, conformément à l’article 4, paragraphe 2, de la même directive, soumettre un projet énuméré à l’annexe II de celle-ci à évaluation comme étant susceptible d’avoir des incidences notables sur l’environnement au sens de l’article 2, paragraphe 1, de ladite directive, l’annexe III de cette dernière mentionne, parmi les critères de sélection, le cumul avec d’autres projets (voir arrêt du 21 septembre 1999, Commission/Irlande, précité, points 73 à 76). | 0 |
9,993 | 68. With regard, first of all, to the applicability of Article 39 EC, it should be pointed out at the outset that there is no single definition of worker/employed or self‑employed person in Community law; it varies according to the area in which the definition is to be applied (see, inter alia, Case C‑543/03 Dodl and Oberhollenzer [2005] ECR I‑5049, paragraph 27). Thus, the concept of worker used in the context of Article 39 EC and Regulation No 1612/68 does not necessarily coincide with the definition applied in relation to Article 42 EC and Regulation No 1408/71 (see, to that effect, Case C‑85/96 Martínez Sala [1998] ECR I‑2691, paragraphs 31, 32, 35 and 36). | 52 It does not follow, however, that the operation of any commercial port constitutes the operation of a service of general economic interest or, in particular, that all the services provided in such a port amount to such a task. | 0 |
9,994 | 51 It is only exceptionally that the Court may, in application of the general principle of legal certainty inherent in the Community legal order, be moved to restrict the possibility for any person concerned to rely upon a provision which it has interpreted with a view to calling into question legal relationships established in good faith (see, inter alia, Case C-104/98 Buchner and Others [2000] ECR I-3625, paragraph 39). | 33. Although Article 3(1) of Directive 2002/14 grants the Member States a certain degree of discretion when adopting the measures necessary to implement that directive, that does not alter the precise and unconditional nature of the obligation in that article to take account of all employees. | 0 |
9,995 | 34. In the second place, as regards the question whether the legislation at issue in the main proceedings contains a difference of treatment on grounds of age in relation to employment and occupation, it must be noted that, under Article 2(1) of the Directive, for the purposes of the Directive, the ‘principle of equal treatment’ is to mean that there must be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1 of the Directive. Article 2(2)(a) states that, for the purposes of the application of Article 2(1), direct discrimination is to be taken to occur where one person is treated less favourably than another in a comparable situation, on any of the grounds referred to in Article 1 of the Directive (see Palacios de la Villa , paragraph 50, and Age Concern England , paragraph 33). | 28 It is, however, for the national court to decide, having regard to the facts of the case before it, whether an additional payment by an acquirer of dividend certificates is made to finance that acquisition - or whether there is a necessary link with it - and, where such payment is made by the parent company of the certificates' acquirer, whether it must be deemed to have been made by the latter. | 0 |
9,996 | 67
However, it is only in circumstances where the action for annulment would unquestionably have been admissible that the Court has held that a person may not plead the invalidity of an act of the European Union before a national court (see, to that effect, judgments of 9 March 1994, TWD Textilwerke Deggendorf, C‑188/92, EU:C:1994:90, paragraphs 17 to 25; of 30 January 1997, Wiljo, C‑178/95, EU:C:1997:46, paragraphs 15 to 25; of 15 February 2001, Nachi Europe, C‑239/99, EU:C:2001:101, paragraphs 29 to 40; and of 22 October 2002, National Farmers’ Union, C‑241/01, EU:C:2002:604, paragraphs 34 to 39). In numerous other cases, the Court has held that it was not established that the action would unquestionably have been admissible (see, inter alia, to that effect, judgments of 23 February 2006, Atzeni and Others, C‑346/03 and C‑529/03, EU:C:2006:130, paragraphs 30 to 34; of 8 March 2007, Roquette Frères, C‑441/05, EU:C:2007:150, paragraphs 35 to 48; of 29 June 2010, E and F, C‑550/09, EU:C:2010:382, paragraphs 37 to 52; of 18 September 2014, Valimar, C‑374/12, EU:C:2014:2231, paragraphs 24 to 38; and of 5 March 2015, Banco Privado Português and Massa Insolvente do Banco Privado Português, C‑667/13, EU:C:2015:151, paragraphs 27 to 32). | 25. Since luxury goods are high-class goods, the aura of luxury emanating from them is essential in that it enables consumers to distinguish them from similar goods. | 0 |
9,997 | 36. Article 3 of Directive 2001/23, read in conjunction with Article 8 of that directive, cannot be interpreted as entitling the Member States to take measures which, while being more favourable to employees, are liable to adversely affect the very essence of the transferee’s freedom to conduct a business (see, by analogy, Case C–544/10 Deutsches Weintor [2012] ECR I‑0000, paragraphs 54 and 58). | 26. It follows that Directive 92/83 seeks to prevent the benefits of such a reduction from being granted to breweries, the size and capacity of which could cause distortions in the internal market. In those circumstances, the criteria of legal and economic independence, laid down in Article 4(2) of that directive, seek to ensure that any form of economic or legal dependence between breweries results in exclusion from the tax advantage represented by the reduced rate of duty on beer. | 0 |
9,998 | 30. First, as the Court has repeatedly held, the principle of liability on the part of a Member State for damage caused to individuals as a result of breaches of Community law for which the State is responsible is inherent in the system of the Treaty (Joined Cases C-6/90 and C-9/90 Francovich and Others [1991] ECR I-5357, paragraph 35; Brasserie du Pêcheur and Factortame , cited above, paragraph 31; Case C-392/93 British Telecommunications [1996] ECR I-1631, paragraph 38; Case C-5/94 Hedley Lomas [1996] ECR I-2553, paragraph 24; Joined Cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94 Dillenkofer and Others [1996] ECR I-4845, paragraph 20, Case C-127/95 Norbrook Laboratories [1998] ECR I-1531, paragraph 106 and Haim , cited above, paragraph 26). | 6 In order to rule on the merits of the Commission' s action it is necessary to consider the Council' s power to adopt the contested decision, taking into account the two aspects covered by the Convention, namely tariff nomenclature on the one hand and statistical nomenclature on the other . | 0 |
9,999 | 28. Il y a lieu également de rappeler qu’il ressort clairement de l’article 5, paragraphe 1, de la directive IPPC que la date d’échéance pour la mise en conformité des installations existantes était le 30 octobre 2007 (voir arrêt du 4 mars 2010, Commission/Belgique, C‑258/09, point 27). Or, le Royaume d’Espagne admet que, à cette date, un nombre significatif d’installations existantes n’avaient pas reçu l’autorisation prévue audit article 5, paragraphe 1. | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
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