Unnamed: 0 int64 0 869k | 0 stringlengths 36 32.8k ⌀ | 1 stringlengths 8 29.9k | 2 int64 0 1 |
|---|---|---|---|
200 | 19. In relation to direct taxation, the Court has accepted, in cases relating to taxation of the income of natural persons, that the situation of residents and the situation of non-residents in a given State are not generally comparable, since there are objective differences between them, both from the point of view of... | 25. Equating ‘sea’ within the meaning of Regulation No 3577/92 with ‘territorial sea’ within the meaning of the Montego Bay Convention is likely to undermine that objective. The application of that regulation solely to territorial sea, within the meaning of that convention, would preclude the liberalisation intended by... | 0 |
201 | 26. Ainsi, il y a lieu de rappeler d’emblée que le système de protection des consommateurs mis en œuvre, notamment, par la directive 93/13/CEE du Conseil, du 5 avril 1993, concernant les clauses abusives dans les contrats conclus avec les consommateurs (JO L 95, p. 29), repose sur l’idée que le consommateur se trouve d... | 30. Ainsi que la Cour l’a déjà jugé, une récupération tardive, postérieure aux délais impartis, ne saurait satisfaire aux exigences du traité (arrêts du 22 décembre 2010, Commission/Italie, C-304/09, non encore publié au Recueil, point 32; du 14 juillet 2011, Commission/Italie, C-303/09, non encore publié au Recueil, p... | 0 |
202 | 36. It is clear from the case-law of the Court, in particular from Belgium v Commission , cited above (paragraphs 33 and 34) and from Case C-243/97 Greece v Commission [2000] ECR I-5813 (paragraph 53), that as regards the inspections carried out by Commission staff in connection with the clearance of EA... | 32 It follows from the foregoing that an official may not, by means of an action for damages, seek to obtain the same result as he would have obtained had he been successful in an action for annulment which he failed to commence in due time . | 0 |
203 | 104 If the provisions in the statutes of a cooperative governing relations between itself and its members do not automatically escape the prohibition laid down in Article 85(1) of the Treaty (Oude Luttikhuis, cited above, paragraph 13), the same must be true a fortiori of provisions which produce effects vis-à-vis thir... | 26 Second, it should be observed that, according to the 10th recital in the preamble to Directive 93/37, the aim of that directive is to ensure the development of effective competition in the award of public works contracts (see also, on the subject of Directive 71/305, Case 31/87 Beentjes [1988] ECR 4635, paragraph 21... | 0 |
204 | 53. Moreover, an absolute prohibition of advertising the characteristics of a product is liable to impede access to the market by products from other Member States more than it impedes access by domestic products, with which consumers are more familiar (Case C-405/98 Gourmet International Products [2001] ECR I-1795, pa... | 106 It is settled law that GATT, which according to its preamble is based on the principle of negotiations undertaken on the basis of "reciprocal and mutually advantageous arrangements", is characterized by the great flexibility of its provisions, in particular those conferring the possibility of derogation, the measur... | 0 |
205 | 71. In paragraphs 24 and 25 of Case C-300/03 Honeywell Aerospace [2005] ECR I‑0000, the Court held that it follows from the very wording of Article 378(1) and Article 379(2) of the implementing regulation that notification by the office of departure to the principal of the time-limit by which the proof requested must ... | 12 THIS DOUBLE AIM , WHICH IS AT ONCE ECONOMIC AND SOCIAL , SHOWS THAT THE PRINCIPLE OF EQUAL PAY FORMS PART OF THE FOUNDATIONS OF THE COMMUNITY .
| 0 |
206 | 42. As paragraphs 62 to 68 of the judgment in Case C‑275/06 Promusicae [2008] ECR I‑271 make clear, the protection of the fundamental right to property, which includes the rights linked to intellectual property, must be balanced against the protection of other fundamental rights. | 50 In this context, it must be stated that there is, in the system established by Regulation No 2081/92, a division of powers between the Member State concerned and the Commission. | 0 |
207 | 48. Regarding Troostwijk’s second argument with regard to the compatibility of the legislation in question with freedom of expression, it should be recalled that, according to settled case-law, fundamental rights form an integral part of the general principles of law the observance of which the Court ensures. For that ... | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
208 | 60. It should be noted in this connection that, even if — in order to ensure full compliance with the Court’s judgment — the penalty payment should be payable in its entirety until such time as the Member State has taken all the measures necessary to bring to an end the failure to fulfil obligations established, nevert... | 33 As regards the increase in sickness insurance contributions, however, the Austrian Government itself acknowledges that this was decided on in order to compensate for the reduction of the contributory financial transfers from pension insurance to the sickness insurance institutions, that reduction in turn being inten... | 0 |
209 | 70. The Court has, nevertheless, ruled that if the Member States remain, in essential respects, free to fix, in keeping with their domestic needs, the requirements of public policy and public security, as grounds for derogating from a fundamental freedom, those requirements must be interpreted strictly, so that their s... | 46 In that regard, it must be pointed out that in its reply to questions put by the Court, the Commission explained that the declarations made by paid employees or by public servants are to be regarded as having been made by customs forwarding agents in the broad sense, given that, by virtue of the required level of sp... | 0 |
210 | 37. In the case of companies, their registered office for the purposes of Article 48 EC serves, in the same way as nationality in the case of individuals, as the connecting factor with the legal system of a State. Acceptance of the proposition that the Member State in which a subsidiary seeks to establish itself may fr... | 15 IT APPEARS FROM ALL THESE CONSIDERATIONS THAT THE REGULATION COVERS ONLY IMPORT OR EXPORT TRANSACTIONS FOR WHICH THE PAYMENT OF DUTIES WAS MADE ON OR AFTER 1 JULY 1980 . | 0 |
211 | 77 The fact that the State companies which succeeded British Coal were acquired subsequently in the context of an open and competitive tendering procedure under market conditions suggests that the element of aid enjoyed by British Coal and those State companies does not exist in relation to the private undertakings whi... | 23
Since the referring court refers not only to Article 47 of the Charter, but also to Article 14 of the ICCPR and Article 6 of the ECHR, it should be recalled that, whilst, as Article 6(3) TEU confirms, fundamental rights recognised by the ECHR constitute general principles of EU law and whilst Article 52(3) of the ... | 0 |
212 | 73. Detriment to the distinctive character of a mark with a reputation, also referred to as, inter alia, ‘dilution’, is caused when that mark’s ability to identify the goods or services for which it is registered is weakened, whilst detriment to the repute of the mark, also referred to as, inter alia, ‘tarnishment’, is... | 34 In the alternative, the Commission contends that, in any event, DSM's request that the Court of Justice order the Commission to repay the fine is inadmissible, since neither the Court of Justice nor the Court of First Instance may make such an order under Article 173 of the EC Treaty (now, after amendment, Article 2... | 0 |
213 | 66
It is indeed settled case-law that an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside and also the legal arguments specifically advanced in support of the appeal (see, inter alia, judgments of 4 July 2000, Bergadem and Goupil v Commission, C‑352/98 ... | 45. Toutefois, cette obligation n’implique pas que le Tribunal soit tenu de reprendre, dans sa décision, toutes les allégations des parties ni qu’il doive prendre position à l’égard de chacune de ces allégations. | 0 |
214 | 35. In that regard, it must be noted that in proceedings under Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in the case is a matter for the national court (see Case 36/79 Denkavit Futtermittel [1979] ECR 3439, paragr... | 52. Although the time-limits prescribed by those articles are mandatory (see, to that effect, Molkereigenossenschaft Wiedergeltingen , paragraphs 38 to 40), the fact remains that they do not preclude the competent authorities of a Member State from making after-the-event checks and corrections for the purpose of ensuri... | 0 |
215 | 61. À cet égard, à supposer même que les arrêts rendus au titre de l’article 226 CE aient les mêmes effets que ceux rendus au titre de l’article 234 CE et que, partant, des considérations de sécurité juridique puissent rendre nécessaire, à titre exceptionnel, la limitation de leurs effets dans le temps (voir, en ce sen... | 22. En effet, il existe un intérêt certain de l’Union à ce que, pour éviter des divergences d’interprétation futures, les dispositions ou les notions reprises du droit de l’Union reçoivent une interprétation uniforme, lorsqu’une législation nationale se conforme, pour les solutions qu’elle apporte à des situations ne r... | 0 |
216 | 48. In that context, the Court has held that any national measure adopted after a date thus fixed is not, by that fact alone, automatically excluded from the derogation laid down in the European Union measure in question. A provision which is, in essence, identical to the previous legislation, or limited to reducing or... | 22. Concentrating all the actions directly related to the insolvency of an undertaking before the courts of the Member State with jurisdiction to open the insolvency proceedings also appears consistent with the objective of improving the effectiveness and efficiency of insolvency proceedings having cross-border effects... | 0 |
217 | 25 Second, it is important to note that freedom to provide services, as a fundamental principle of the Treaty, may be restricted only by rules which are justified by overriding reasons in the general interest and are applicable to all persons and undertakings pursuing an activity in the territory of the host Member Sta... | 31 However, charges with no upper limit which increase directly in proportion to the nominal value of the capital raised cannot, by their very nature, amount to duties paid by way of fees or dues within the meaning of the Directive. Even if there may be a link in some cases between the complexity of a registration and ... | 0 |
218 | 16 According to a consistent line of cases, the aim of Article 95 of the Treaty is to ensure free movement of goods between the Member States in normal conditions of competition by the elimination of all forms of protection which result from the application of internal taxation which discriminates against products from... | 60 IN THIS REGARD, IT IS SUFFICIENT TO POINT OUT THAT THE COURT HAS ALREADY STATED ( SEE THE JUDGMENT OF 27 JANUARY 1981 IN CASE 1251/79 ITALIAN REPUBLIC V COMMISSION (( 1981 )) ECR 205 ) THAT DECISIONS CONCERNING THE CLEARANCE OF ACCOUNTS DO NOT REQUIRE DETAILED REASONS IF THE GOVERNMENT CONCERNED WAS CLOSELY INVOLVED... | 0 |
219 | 53. According to settled case-law, the interpretation which, in the exercise of the jurisdiction conferred on it by Article 234 EC, the Court gives to a rule of Community law clarifies and defines, where appropriate, the meaning and scope of that rule as it must be, or ought to have been, understood and applied from th... | 34. À cet égard, la Cour a précisé que, pour que des impôts, droits, prélèvements et taxes puissent relever de l’assiette de la TVA alors même qu’ils ne représentent pas de valeur ajoutée et qu’ils ne constituent pas la contrepartie économique de la livraison du bien, ils doivent présenter un lien direct avec cette liv... | 0 |
220 | 52
In that regard, it should be noted that the Court has already held that since the Commission did not determine the maximum annual amount of allowances in accordance with the requirements of subparagraph (b) of Article 10a(5) of Directive 2003/87, the correction factor laid down in Article 4 of, and Annex II to, De... | 46
While the data on air quality for 2014 amount to events which took place after the reasoned opinion of 11 July 2014, those events are of the same kind as those to which the opinion referred and constitute the same conduct. | 0 |
221 | 27. It is settled case-law that the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of proce... | 12 The aim of the regulation is to improve the efficiency of Community agricultural structures in accordance with Community concepts and criteria, and for that purpose it introduces a common measure in Article 1 and provides that the European Agricultural Guidance and Guarantee Fund is to make a contribution to the mea... | 0 |
222 | 76. In that regard, it is sufficient to recall that Community production exceeds the consumption of sugar in the Community, a fact which the Netherlands Government does not dispute, and that the Community is, in addition, obliged to import a certain quantity of sugar from non-Member States under the WTO Agreements ( Em... | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
223 | 54
It should be noted in that regard that the principle of effective judicial protection is a general principle of EU law, which is now set out in Article 47 of the Charter. Article 47 secures in EU law the protection afforded by Article 6(1) and Article 13 of the ECHR. It is necessary, therefore, to refer only to Ar... | 47. Article 47 of the Charter secures in EU law the protection afforded by Article 6(1) of the ECHR. It is necessary, therefore, to refer only to Article 47 (Case C‑386/10 P Chalkor v Commission [2011] ECR I‑13085, paragraph 51). | 1 |
224 | 42. The proper conduct of that procedure constitutes an essential guarantee required by the EC Treaty not only in order to protect the rights of the Member State concerned, but also so as to ensure that any contentious procedure will have a clearly defined dispute as its subject-matter (see, to that effect, Commission ... | 4. Selon l’article 3, paragraphe 1, dudit règlement, les aides individuelles, accordées en dehors de tout régime, qui remplissent toutes les conditions de ce même règlement sont compatibles avec le marché commun au sens de l’article 107, paragraphe 3, TFUE et sont exemptées de l’obligation de notification prévue à l’ar... | 0 |
225 | 47. 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, paragrap... | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
226 | 49. It is for the referring court to ascertain, in the light of the foregoing elements, in the context of a global assessment of all the facts characterising the transaction in question in the main proceedings (see, to that effect, Spijkers , paragraph 13; Case C‑29/91 Redmond Stichting [1992] ECR I‑3189, paragraph 24;... | 10 IT SHOULD BE NOTED THAT THE MAIN PURPOSE OF MR CASTAGNOLI' S COMPLAINT WAS TO CHALLENGE HIS RECRUITMENT AS A MEMBER OF THE AUXILIARY STAFF . HOWEVER, THAT DESCRIPTION OF HIS STATUS HAD BEEN EXPRESSLY AGREED UPON IN THE INITIAL CONTRACT OF EMPLOYMENT . | 0 |
227 | 24 In that regard, it is sufficient to observe that although it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of f... | 28. In the second place, as regards the objectives of Directive 2004/114, it can be seen from Article 1(a) of that directive, read in conjunction with recital 24 thereto, that the directive seeks to determine the conditions for the admission of third-country nationals to the territory of Member States for study purpose... | 0 |
228 | 62. When a directive expressly requires that the measures transposing the directive contain a reference to it or be accompanied by such a reference at the time of their official publication, it is in any event necessary to adopt a specific measure transposing the directive (see Case C‑361/95 Commission v Spain [1997] E... | 27. Therefore, it is not permissible to equate the two terms. | 0 |
229 | 20. Or, selon une jurisprudence constante, l’existence d’un manquement doit être appréciée en fonction de la situation de l’État membre telle qu’elle se présentait au terme du délai fixé dans l’avis motivé et les changements intervenus par la suite ne sauraient être pris en compte par la Cour (voir, notamment, arrêts d... | 136 It follows that the situations were not comparable and there was no breach of the principle of equal treatment. | 0 |
230 | 21 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 proced... | 20 Consequently, where the questions put by national courts concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling . | 1 |
231 | 50. Article 12 requires only that the child have lived with his parents or with either parent in a Member State while at least one of the parents resided there as a worker (Case 197/86 Brown [1988] ECR 3205, paragraph 30, and Case C-480/08 Teixeira [2010] ECR I-1107, paragraph 52). | 54 It should be noted as a preliminary observation, first, that there is no dispute that an obligation to purchase electricity produced from renewable energy sources at minimum prices, such as that laid down by Paragraphs 2 and 3 of the amended Stromeinspeisungsgesetz, confers a certain economic advantage on producers ... | 0 |
232 | 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... | 40. Secondly, the Finnish, French and United Kingdom Governments maintain that the Finnish tax legislation is objectively justified by the need to ensure the cohesion of the national tax system (Case C-204/90 Bachmann [1992] ECR I-249; Case C-300/90 Commission v Belgium [1992] ECR I‑305). In particular, they argue ... | 1 |
233 | 34. In order to determine whether that is the case in a dispute such as that at issue in the main proceedings, it is therefore necessary to examine the basis and the detailed rules governing the bringing of the action (see, to that effect, Case C‑271/00 Baten [2002] ECR I‑10489, paragraph 31, and Case C‑266/01 Préserv... | 25 According to the fifth recital in the preamble to Regulation No 1041/67 the aim of authorizing the Member States to require further evidence, before paying refunds, is to prevent abuses. | 0 |
234 | 43 The Court's case-law shows that, for a person to be directly concerned by a Community measure, the latter must directly affect the legal situation of the individual and leave no discretion to the addressees of that measure who are entrusted with the task of implementing it, such implementation being purely automatic... | 37 First, according to settled case-law, fundamental rights form an integral part of the general principles of law, whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties ... | 0 |
235 | 40. The Court has also held that, although the reasoned opinion must contain a coherent and detailed statement of the reasons which led the Commission to conclude that the State in question has failed to fulfil one of its obligations under the FEU Treaty, the letter of formal notice cannot be subject to such strict req... | 77 With reference to infringement of the right to property, the applicant submits that by depriving operators who traditionally marketed third-country bananas of market shares for a long period of time, the Regulation breached those operators' right to property and infringed their freedom to pursue their trade or busin... | 0 |
236 | 155. As regards the extent of judicial review, it is apparent from EU case-law that where the General Court is seised, in accordance with Article 263 TFEU, of an action for annulment of a decision applying Article 81(1) EC, the General Court must as a general rule undertake, on the basis of the evidence adduced by the ... | 31 Accordingly, in order to determine whether an activity such as that of doctors in primary care teams falls within the scope of Directive 93/104, it is necessary first to consider whether that activity comes within the scope of the basic Directive. | 0 |
237 | 65 It must also be borne in mind that, as the Court has held, in particular in Case 267/86 Van Eycke v ASPA [1988] ECR 4769, paragraph 16, Article 85 of the Treaty itself concerns only the conduct of undertakings and not legislation or regulations adopted by Member States. However, according to settled case-law of the ... | 33. Il convient de rappeler, à cet égard, que la Cour a déjà jugé que, dans le cadre de cette disposition, l’État membre demandeur peut, aux fins de justifier le maintien de dispositions nationales préexistantes, invoquer le fait qu’il évalue le risque pour la santé publique autrement que le législateur de l’Union ne l... | 0 |
238 | 32. Secondly, it should be borne in mind that the Court has consistently held that Article 3 of Directive 76/207, which corresponds to Article 5 of that directive in its original version, is unconditional and sufficiently precise to be relied on by an individual against the State (see Case 152/84 Marshall [1986] ECR 7... | 12 The essential aim of Directives 75/442 and 78/319, set out in their preambles in the third and fourth recitals respectively, namely the protection of human health and the safeguarding of the environment, would be jeopardized if the application of those directives were dependent on whether or not the holder intended ... | 0 |
239 | 62
Lastly, with regard to the standard of proof required to demonstrate circumvention where there is insufficient or indeed no cooperation on the part of producer-exporters, it should be noted that there is no provision in the basic regulation which confers on the Commission, in an investigation to establish whether ... | 48. Moreover, the court second seised is never in a better position than the court first seised to determine whether the latter has jurisdiction. That jurisdiction is determined directly by the rules of the Brussels Convention, which are common to both courts and may be interpreted and applied with the same authority... | 0 |
240 | 34 As regards Article 43 of the Treaty, it is settled case-law that that article is the appropriate legal basis for any legislation concerning the production and marketing of the agricultural products listed in Annex II to the EC Treaty which contributes to the attainment of one or more of the objectives of the common ... | 70. In addition, because of the lack of direct contact between consumer and operator, games of chance accessible via the internet involve different and more substantial risks of fraud by operators against consumers compared with the traditional markets for such games. | 0 |
241 | 45
As regards the grounds put forward as justification by the Hungarian Government, the Court has already held that it follows both from the wording of Article 14 of Directive 2006/123 and from the general scheme of the directive that no justification can be given for the requirements listed in that article (judgment... | 137. In a situation such as that in the present case, the liability of Areva and Alstom, as parent companies, for the infringement committed is wholly derived from the liability of a subsidiary which belonged to those companies in succession (see, by analogy, Case C‑286/11 P Commission v Tomkins [2013] ECR, paragraph... | 0 |
242 | 78. Clause 4(1) of the framework agreement prohibits, in a general manner and in unequivocal terms, any difference in treatment of fixed-term workers in respect of employment conditions which is not objectively justified. Thus, its subject-matter appears therefore to be sufficiently precise to be relied upon by an indi... | 24. Taking those considerations into account, the Court held in particular that Clause 4.1 of the framework agreement on fixed-term work is unconditional and sufficiently precise for individuals to be able to rely upon it before a national court (see Impact , point 2 of the operative part of the judgment). The Court ha... | 1 |
243 | 16 According to the Commission, however, the Xerox 3010 and Xerox 3010 Editor machines must be classified as photocopiers under sub-heading 9009 12 00. | 27. It is therefore necessary to examine whether national legislation, such as that at issue in the main proceedings, affects the powers that the NRA concerned derives from the abovementioned provisions of the Framework Directive and the Universal Service Directive. | 0 |
244 | 20 The Fund is responsible for paying the fixed portion of the salaries payable to notaries and other civil servants; it also meets the cost of training notaries and of acquiring office space and equipment for them; and, subject to authorisation from the Ministry of Justice, it covers other expenditure in the field of ... | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the Europ... | 0 |
245 | 45
In the second place, the Court has held that, in order to fall within the concept of ‘communication to the public’ the work broadcast must be transmitted to a ‘new public’, that is to say, to a public which was not taken into account by the authors of the protected works when they authorised their use by the commu... | 90. In the light of the foregoing, as observed by the Advocate General at point 12 of his Opinion, the plea of inadmissibility raised by the Commission, the ECTA, France Telecom and Ausbanc Consumo must be upheld and the second ground of appeal rejected in its entirety as inadmissible.
The third ground of appeal, alleg... | 0 |
246 | 61. With regard to an insured person whose travel to another Member State is for reasons relating to tourism or education, for example, and not to any inadequacy in the health service to which he is affiliated, the rules of the Treaty on freedom of movement offer no guarantee that all hospital treatment services which ... | Il ressort de ces éléments que l’attribution de la compétence d’exécution au Conseil était justifiée, dans les règlements
ayant précédé le règlement n° 267/2012, par la cohérence requise entre les désignations adoptées dans le cadre de la politique
étrangère et de sécurité commune et celles adoptées s... | 0 |
247 | 40. The measures prohibited by Article 56(1) EC, as restrictions on the movement of capital, include those which are likely to discourage non‑residents from making investments in a Member State or to discourage that Member State’s residents from doing so in other States (see van Hilten-van der Heijden , paragraph 44, ... | 51. However, in certain circumstances, several formally distinct services, which could be supplied separately and thus give rise, in turn, to taxation or exemption, must be considered to be a single transaction when they are not independent. | 0 |
248 | 41 It follows that Article 5(1) of the Brussels Convention must be interpreted as meaning that, as regards contracts of employment, the place of performance of the relevant obligation, for the purposes of that provision, is the place where the employee actually performs the work covered by the contract with his employe... | 73. In that connection, it should be recalled that the requirement of transparency of contractual terms laid down by Articles 4(2) and 5 of Directive 93/13, which, moreover, have identical scope, cannot be reduced merely to their being formally and grammatically intelligible (see, to that effect, Kásler and Káslerné Rá... | 0 |
249 | 83. As regards the concept of the ‘exercise of official authority’ within the meaning of the first paragraph of Article 45 EC, the assessment of that concept must take account, in accordance with settled case-law, of the character as European Union law of the limits imposed by that provision on the permitted exceptions... | 19 IN FACT , WHENEVER A WORKER HAS A STABLE EMPLOYMENT IN A MEMBER STATE THERE IS A PRESUMPTION THAT HE RESIDES THERE , EVEN IF HE HAS LEFT HIS FAMILY IN ANOTHER STATE .
| 0 |
250 | 70. It must be borne in mind, in that regard, that the Court has already held that the use by an advertiser, in a comparative advertisement, of a sign identical with, or similar to, the mark of a competitor for the purposes of identifying the goods and services offered by the latter and to compare its own goods or serv... | 43. Furthermore, that request must be sent in an equivalent manner to all undertakings which are in the same situation, unless there is an objectively verifiable ground capable of justifying different treatment of the tenderers in that regard, in particular where the tender must, in any event, in the light of other fac... | 0 |
251 | 27. Moreover, that conclusion is not called into question by the Greek Government’s submission that the dies a quo is the day that the competent authorities discover the irregularity. That view is contrary to the Court’s case-law that the date on which the authorities become aware of an irregularity is irrelevant to th... | 67. Accordingly, the date on which the national authorities became aware of an irregularity is irrelevant to the starting point of that limitation period. Apart from the fact that there is nothing in the wording of Article 3(1) of Regulation No 2988/95 enabling an inference to the contrary, it has already been pointed ... | 1 |
252 | 23. Thus, the Court has held that agreements entered into within the framework of collective bargaining between employers and employees and intended to improve employment and working conditions must, by virtue of their nature and purpose, be regarded as not falling within the scope of Article 101(1) TFEU (see, to that ... | 26. In those circumstances, the fact that a non-resident worker does not have a sufficiently substantial occupation in the Member State concerned is capable of constituting a legitimate justification for a refusal to grant the social advantage at issue. | 0 |
253 | 28. Consequently, it has been held that a refusal to allow a parent, whether a national of a Member State or of a third country, who is the carer of a minor child who is a Union citizen to reside with that child in the host Member State would deprive the child’s right of residence of any useful effect, since enjoyment ... | 53. In accordance with that case-law, such legislation may be justified in order to meet imperative requirements, on condition that it is appropriate for securing the attainment of the objective pursued and that it does not go beyond what is necessary in order to attain that objective ( Commission v Italy , paragraph ... | 0 |
254 | 25. The overall assessment of the employment relationship of the applicant in the main proceedings makes it necessary to take into account factors relating not only to the number of working hours and the level of remuneration but also to any rights to paid leave, to the continued payment of wages in the event of sickne... | 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 su... | 0 |
255 | 61. En outre, une opération de valorisation n’est complète que si elle a pour conséquence que la substance en question a acquis les mêmes propriétés et caractéristiques qu’une matière première et est utilisable dans les mêmes conditions de précaution pour l’environnement (voir arrêts ARCO Chemie Nederland e.a., précité... | 41. À cet égard, la Cour a jugé que la libre circulation des capitaux peut être limitée par des mesures nationales justifiées par les raisons mentionnées à l’article 58 CE ou par des raisons impérieuses d’intérêt général, pour autant qu’il n’existe pas de mesure communautaire d’harmonisation prévoyant des mesures néces... | 0 |
256 | 28
As regards the main objective of Directive 98/59, namely to make collective redundancies subject to prior consultation with the workers’ representatives and prior notification of the competent public authority, it should be noted, first, that under Article 2(2) of the directive the consultations are to cover ways ... | 45. Under Article 225 EC and Article 58 of the Statute of the Court of Justice, an appeal lies on a point of law only. It follows that, save where the clear sense of the evidence has been distorted, the Court has no jurisdiction to review the assessment of the facts made by the Court of First Instance (see, inter al... | 0 |
257 | 125. According to settled case-law, the status of citizen of the Union is destined to be the fundamental status of nationals of the Member States, enabling those among such nationals who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality, subject to such exception... | 63. Furthermore, it must be stated that, since the Explanatory Notes to the CN are intended to facilitate the interpretation of the CN for the purposes of tariff classification, they must be interpreted in such a way as to ensure that the subheadings of the CN are properly applied. | 0 |
258 | 42. Enfin, s’agissant de l’argument de la République italienne tiré de l’impossibilité de récupérer les aides accordées à Sardegna Flotta Sarda en raison de l’état de cessation d’activité de cette dernière, il est de jurisprudence constante que le fait que des entreprises bénéficiaires sont en difficulté ou en faillite... | 14 IN THOSE CIRCUMSTANCES THE ONLY DEFENCE LEFT TO THE BELGIAN GOVERNMENT IN OPPOSING THE COMMISSION ' S APPLICATION FOR A DECLARATION THAT IT FAILED TO FULFIL ITS TREATY OBLIGATIONS WOULD BE TO PLEAD THAT IT WAS ABSOLUTELY IMPOSSIBLE FOR IT TO IMPLEMENT THE DECISION PROPERLY . IN THIS CONNECTION IT SHOULD BE NOTED THA... | 1 |
259 | 39 First, the Community institutions have a wide measure of discretion in agricultural matters and, second, Regulation No 3887/92 provides for penalties graduated according to the seriousness and magnitude of the irregularity committed (see, to that effect, Case C-354/95 National Farmers' Union and Others [1997] ECR I-... | 26. The referring court is also uncertain whether it is to be inferred from the objectives of the VAT Directive that the tax authorities may gather evidence obtained in the context of a criminal procedure, including by secret means, and use it as the basis for an administrative decision. In this connection, referring t... | 0 |
260 | 49 The Community legislature confirmed that essential function of trade marks by providing, in Article 2 of the Directive, that signs which are capable of being represented graphically may constitute a trade mark only if they are capable of distinguishing the goods or services of one undertaking from those of other und... | 77. In particular, to the extent that State financial aid for higher education studies is intended to encourage the pursuit of such studies both in Luxembourg and in any other country, the existence of a reasonable probability that the recipients of that aid will return to settle in Luxembourg and make themselves avail... | 0 |
261 | 21. Thirdly, as regards the first paragraph of Article 7 of Decision No 1/80, it is settled case-law that the rights accorded by that provision to the members of a Turkish worker’s family who satisfy the conditions set out in that paragraph cannot be restricted except in accordance with Article 14(1) of that decision, ... | En deuxième lieu, contrairement à ce que soutient Sea Handling, se fonder sur le règlement n° 659/1999 afin de justifier l’existence
de la présomption générale de confidentialité, telle qu’elle est visée au point 37 du présent arrêt, n’aboutit pas à priver
de tout effet utile le droit d’accès aux docu... | 0 |
262 | 28. Although the main actions — since they seek to avoid the infringement of rights that are under threat — must necessarily be based on hypotheses which are by their nature uncertain, they are, according to the referring court, none the less permitted under German law. Since, in proceedings of the kind provided for in... | 25 Since fiscal cohesion is secured by a bilateral convention concluded with another Member State, that principle may not be invoked to justify the refusal of a deduction such as that in issue. | 0 |
263 | 70. In that regard, it should be recalled that the annex, to which Article 3(3) of the directive refers, contains only an indicative and non-exhaustive list of terms which may be regarded as unfair (see Invitel , paragraph 25 and case-law cited). | 54. As regards the registration as trade marks of colours per se , not spatially delimited, the fact that the number of colours actually available is limited means that a small number of trade mark registrations for certain services or goods could exhaust the entire range of the colours available. Such an extensive... | 0 |
264 | 27. On the other hand, if those courts or tribunals consider that recourse to European Union law is necessary to enable them to decide a case, Article 267 TFEU imposes, in principle, an obligation on them to refer to the Court of Justice any question of interpretation which may arise (see Cilfit and Others , paragraphs... | 28. From the outset, it should be noted that, as is apparent from the preamble thereto, the directive seeks to promote the free movement of capital, which is considered essential to the creation of an economic union whose characteristics are similar to those of a domestic market. The pursuit of such an objective presup... | 0 |
265 | 32. According to settled case-law, a benefit may be regarded as a social security benefit in so far as it is granted to the recipients, without any individual and discretionary assessment of personal needs, on the basis of a legally defined position and relates to one of the risks expressly listed in Article 4(1) of Re... | 10 Secondly, an application to have an additive included on the list in question may be rejected by the competent administrative authorities only if the additive does not meet any genuine need, in particular a technological need, or presents a danger to public health. | 0 |
266 | 31. It also follows from the Court’s case-law that, while recourse to Article 95 EC as a legal basis is possible if the aim is to prevent future obstacles to trade resulting from the heterogeneous development of national laws, the emergence of such obstacles must be likely and the measure in question must be designed t... | 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 ob... | 1 |
267 | 44 In the absence of Community rules governing the matter, the Member States remain competent to impose penalties for breach of such an obligation, provided that the penalties applicable are comparable to those which apply to similar national infringements. However, Member States may not lay down a penalty so dispropo... | 76. Or, ainsi qu’il ressort de l’examen du premier grief, l’application d’un taux réduit de TVA aux livraisons de chevaux lorsque ces derniers ne sont pas destinés à être utilisés dans la préparation des denrées alimentaires ou dans la production agricole viole les articles 96 à 99 et l’annexe III de la directive TVA. | 0 |
268 | 35. As the Court has already held on the basis of a number of recitals in the preamble to Directive 96/9, including recitals 39, 42 and 48, that objective is to stimulate the establishment of data storage and processing systems which contribute to the development of an information market against a background of exponen... | 42. Such legislation would constitute an obstacle to the freedom to provide services guaranteed by Article 49 EC. That provision precludes the application of any national rules which have the effect of making the provision of services between Member States more difficult than the provision of services purely within a M... | 0 |
269 | 97. Consequently, it must be held that the legislation at issue, even if it is appropriate for ensuring the protection of animal health and the health of the operator carrying out the insemination, goes beyond what is necessary to attain the objective pursued (see, to that effect, Case C-347/04 Rewe Zentralfinanz [200... | 50 However, as the Advocate General pointed out in point 39 of his Opinion, it is clear from Article 5(1)(a) of Directive 69/335 that future contributions may also give rise to the levying of capital duty. Payments which a natural or legal person is obliged to make and which are definite are to be regarded as coming w... | 0 |
270 | 59. However, it cannot be denied that the withdrawal of that advantage constitutes a clear disadvantage in terms of cash-flow. In this connection, the Court has repeatedly held that the exclusion of a cash-flow advantage in a cross-border situation where it is available in an equivalent domestic situation is a restrict... | 19. Par conséquent, les dispositions concernant lesdites exonérations doivent recevoir une interprétation autonome, fondée sur leur libellé et sur les finalités poursuivies par la directive 2003/96 (arrêt du 1 er décembre 2011, Systeme Helmholz, C-79/10, non encore publié au Recueil, point 19). | 0 |
271 | 37. In particular, it is for each Member State to organise, in compliance with EU law, its system for taxing distributed profits and, in that context, to define the tax base and the tax rate which apply to the shareholder receiving them (see, inter alia, Test Claimants in Class IV of the ACT Group Litigation , paragrap... | 103 Consequently, the ban on the export of live bovine animals cannot be regarded as a manifestly inappropriate measure. | 0 |
272 | 81
Thus, it is following a schematic interpretation of the relevant EU rules that the Court of Justice interpreted those rules as meaning that, as from 2000, the Commission is required to comply with a legal time limit when adopting a decision on financial corrections (see judgments of 4 September 2014, Spain v Commi... | 81. In addition, concerning more particularly Regulation No 1386/2002, the purpose of which is to lay down the procedure for implementing Regulation No 1164/94, as amended, of which the provision at issue in the present dispute forms part, the view advanced by the Commission, and affirmed by the General Court in paragr... | 1 |
273 | 45 The free movement of capital, as a fundamental principle of the Treaty, may be restricted only by national rules which are justified by reasons referred to in Article 73d(1) of the Treaty or by overriding requirements of the general interest and which are applicable to all persons and undertakings pursuing an activi... | 48. Differences of that kind are such as to render those procedures incompatible. | 0 |
274 | 34. In answering the first question, it should be remembered first of all that, in accordance with settled case-law, all the authorities of the Member States have the task of ensuring observance of the rules of Community law within the sphere of their competence (see Case C-8/88 Germany v Commission [1990] ECR I‑2321... | 39. For the sake of completeness, it must be noted that, as recitals 3, 21 and 24 in the preamble to Regulation No 1782/2003 make clear, environmental protection forms part of the objectives of the single payment scheme. The Court has also held that environmental protection, one of the essential objectives of the Europ... | 0 |
275 | 34 As the Court has consistently held (see, inter alia, the judgment in Case C-260/89 Elliniki Radiophonia Tileorassi AE [1991] ECR I-2925, paragraph 41), fundamental rights form an integral part of the general principles of law, the observance of which the Court observes. For that purpose the Court draws inspiration f... | 20 Therefore it is necessary to determine whether or not the advantages arising from a system such as that applicable to the ISR are to be viewed as being granted through State resources. | 0 |
276 | 29. In that regard, the Court has held that the taking into account of the actual depreciation of the vehicles need not necessarily involve an assessment or expert examination of each of them. To avoid the administrative burden inherent in such a system, a Member State may establish, by means of fixed scales determined... | 51 The definition of the onset of the employer's insolvency cannot, nevertheless, be equated purely and simply, as the plaintiffs in the main proceedings maintain, with the date when payment of remuneration ceases. For the purpose of identifying the outstanding claims which must be guaranteed by the Directive, Article... | 0 |
277 | 75 Secondly, it should be recalled that the case which led to the judgment in Kuwait Petroleum, cited above, concerned vouchers offered by a petrol company to consumers with the purchase of a certain quantity of fuel which could be exchanged free of charge for gifts chosen from a special catalogue. The Court held that ... | 32 It must be borne in mind from the outset that, although direct taxation falls within their competence, the Member States must none the less exercise that competence consistently with Community law and avoid any discrimination on grounds of nationality (Case C-264/96 ICI [1998] ECR I-4695, paragraph 19; Case C-55/00 ... | 0 |
278 | 135. As is confirmed by the second subparagraph of Article 22(2) of Regulation No 1408/71, the sole purpose of Article 22(1)(c)(i) of that regulation is to confer on patients covered by the legislation of one Member State and granted authorisation by the competent institution the right to have access to ‘treatment’ in ... | 41. En effet, conformément au principe de hiérarchie des normes, un acte établi d’un commun accord par les institutions de l’Union, tel que la réglementation commune, ne saurait fonder une interprétation contra legem de l’article 263, dernier alinéa, TFUE (voir, par analogie, arrêt Italie et Donnici/Parlement, C-393/07... | 0 |
279 | 9. It is necessary, first of all, to point out that it is settled case-law that the exemptions provided for in Article 13 of the Sixth Directive constitute independent concepts of Community law whose purpose is to avoid divergences in the application of the VAT system as between one Member State and another (see, inter... | 20 As the Advocate General observes in point 25 of his Opinion, the TVergG does not contain any specific provisions on challenges to, or withdrawals by, members of the Landesvergabeamt. | 0 |
280 | 28. Article 1(3) of Regulation No 258/97 introduces merely the possibility of determining, ‘where necessary’, whether a type of food or food ingredient falls within the scope of that regulation under what is known as the ‘comitology’ procedure laid down in Article 13 thereof (see Case C‑383/07 M‑K Europa [2009] ECR I‑... | 74. Thus, clause 5(1) of the Framework Agreement requires Member States, in order to ‘prevent abuse arising from the use of successive fixed-term employment contracts or relationships’, to adopt one or more of the measures listed where domestic law does not include ‘equivalent legal measures’ to prevent such abuse. The... | 0 |
281 | 92. The Court has also held, with regard to national schemes which contain a minimum social security benefit, that supplements to such a benefit, even if they principally benefit men because of the application of rules requiring the taking into account of the spouse’s income, were in principle justifiable under Directi... | 177. In that regard, it must be borne in mind that the Court of First Instance has exclusive jurisdiction to find and appraise the relevant facts and also to assess the evidence. The appraisal of those facts and the assessment of that evidence thus does not, save where they distort the evidence, constitute a point of l... | 0 |
282 | 88. According to settled case-law, the statement of reasons required by Article 253 EC must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertai... | 45. En quatrième lieu, ainsi que le gouvernement espagnol l’a souligné dans ses écrits de procédure, l’article 60, paragraphe 1, de la LEC vise notamment à éviter des décisions contradictoires par l’attribution de la compétence à une seule juridiction. Une telle règle pourrait ainsi être de nature à assurer une pratiqu... | 0 |
283 | 19 The German Government further argues that a different view ought to be taken in this case, since what is at issue is not the concept of a worker within the meaning of Article 48 of the Treaty, as in particular in the Levin case, but the concept of a worker within the meaning of social security law. It maintains that... | 15 AN INTERPRETATION WHICH REFLECTS THE FULL SCOPE OF THESE CONCEPTS IS ALSO IN CONFORMITY WITH THE OBJECTIVES OF THE TREATY WHICH INCLUDE , ACCORDING TO ARTICLES 2 AND 3 , THE ABOLITION , AS BETWEEN MEMBER STATES , OF OBSTACLES TO FREEDOM OF MOVEMENT FOR PERSONS , WITH THE PURPOSE INTER ALIA OF PROMOTING THROUGHOUT TH... | 1 |
284 | 27. Second, the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see, inter alia, Case C-207/96 Commission v Italy [1997] ECR I-6869, paragraph 18, and ... | 37. In the light of all those considerations, the answer to the third part of the first question must be that Article 30(2) of the Universal Service Directive does not preclude the adoption of a national measure such as that at issue in the main proceedings which fixes in advance and on the basis of an abstract model o... | 0 |
285 | 34. In the first place, as regards the overall scheme of Regulation No 44/2001, it must be recalled that the first sentence of Article 24 of Regulation No 44/2001 provides for a rule of jurisdiction based on the entering of an appearance by the defendant in respect of all disputes where the jurisdiction of the court se... | 16 IN VIEW OF THEIR AIMS THOSE REQUIREMENTS OF COMMUNITY LAW, THAT IS TO SAY, THE EXISTENCE OF A JUDICIAL REMEDY AND THE DUTY TO STATE REASONS, ARE HOWEVER LIMITED ONLY TO FINAL DECISIONS REFUSING TO RECOGNIZE EQUIVALENCE AND DO NOT EXTEND TO OPINIONS AND OTHER MEASURES OCCURRING IN THE PREPARATION AND INVESTIGATION ST... | 0 |
286 | 101 The provisions of Article 9 of Directive 64/221, which are complementary to those relating to the system of appeals to a court of law referred to in Article 8 and are intended to mitigate the effect of deficiencies in those remedies (see, in particular, Case 98/79 Pecastaing [1980] ECR 691, paragraphs 15 and 20), c... | 62. Accordingly, by systematically exempting works and development programmes and projects which are subject to a declaratory system from the procedure of assessment of their implications for the site, the French Republic has failed to fulfil its obligations under Article 6(3) of the Habitats Directive.
The third compl... | 0 |
287 | 21. On that point, it should be noted that, as the Court of Justice emphasized in its judgment in Hauptzollamt Hamburg-Jonas v Dimex (Case 89/83 [1984] ECR 2815, paragraph 8), the system of differentiated export refunds is intended to gain or to maintain access for Community exports to the markets of the non-member... | 41
In support of that interpretation, it must be stated that Articles 3 and 4 of Directive 91/271 impose on Member States the same deadlines for, as regards Article 3, providing agglomerations with a collecting system for urban waste water and, as regards Article 4, subjecting that water to secondary treatment or equ... | 0 |
288 | 112 In reaching that conclusion, the Court found that the sectoral pension funds in question in the cases mentioned in the paragraph above themselves determined the amount of the contributions and benefits, that they operated in accordance with the principle of capitalisation and that, by contrast with the benefits pro... | 38 As the Court has consistently held, Article 27(2) is intended to ensure that a judgment is not recognized or enforced under the Convention if the defendant has not had an opportunity of defending himself before the court first seised (Case 166/80 Klomps v Michel [1981] ECR 1593, paragraph 9, and Case C-123/91 Minalm... | 0 |
289 | 49. Next, the fact that aid also has beneficial effects for the region or the economic sector concerned does not necessarily imply that it must be considered to be compatible with the common market. It follows from Article 87(3)(c) EC that, where an aid measure affects trading conditions to an extent contrary to the co... | 41
It must, however, be ascertained whether there is an alternative measure less prejudicial to the exercise of the rights conferred by Article 21 TFEU which would be equally effective in achieving the objective of preventing the risk of impunity for a person alleged to have committed a criminal offence. | 0 |
290 | 16. According to settled case‑law, that is a broad definition covering all forms of comparative advertising, so that, in order for there to be comparative advertising, it is sufficient for there to be a statement referring even by implication to a competitor or to the goods or services which he offers (see Case C‑112/9... | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
291 | 52. Although such a taxable person could be obliged, when there are indications pointing to an infringement or fraud, to make enquiries about the trader from wh om he intends to purchase goods or services in order to ascertain the latter’s trustworthiness, the tax authorities cannot, however, as a general rule, require... | 43. Accordingly, the Austrian legislation must be regarded as having existed on 31 December 1993 for the purposes of Article 57(1) EC. | 0 |
292 | 35. The fact that the General Court, on the merits, arrived at a different conclusion from the appellant cannot in itself vitiate the judgment for failure to state reasons (Case C‑362/05 P Wunenburger v Commission [2007] ECR I‑4333, paragraph 80). | 25 In reply to that point it is sufficient to say that equal treatment between men and women in relation to pay is a fundamental principle of Community law and that, given the direct effect of Article 119, its application by employers must be immediate and full. | 0 |
293 | 44
In that regard, the General Court correctly pointed out, in paragraph 111 of the judgment under appeal, that it is apparent from the settled case-law of the Court that the right to claim the protection of legitimate expectations presupposes that three cumulative conditions are satisfied, including the condition th... | 2. Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) was repealed and replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1), which entered into force on 13 April 2009. However, having regard to the materia... | 0 |
294 | 57. According to the case-law the principles of which were set out in Vlassopoulou , the authorities of a Member State, when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concer... | 26 It follows that charges such as those at issue in the main proceedings, levied when an increase in a company's share capital is recorded in a commercial register, constitute a tax within the meaning of Directive 69/335. | 0 |
295 | 46. The Court has consistently held that where a capital item is used both for business and for private purposes the taxpayer has the choice, for the purposes of VAT, of (i) allocating that item wholly to the assets of his business, (ii) retaining it wholly within his private assets, thereby excluding it entirely from ... | 17 Consequently, the answer given to the second and third questions must be that Articles 59 and 60 of the Treaty do not cover the situation where a national of a Member State goes to reside in the territory of another Member State and establishes his principal residence there in order to provide or receive services th... | 0 |
296 | 39. Since the Parliament and the French Government submit in their respective pleadings that a large part of the appeal is inadmissible on the ground that the appellant merely reproduces his pleas in law to the Court of First Instance without indicating precisely the contested passages of the judgment under appeal or t... | 55 It is true that the solution thus imposed by the wording of Article 17(2)(a) of the Sixth Directive may not appear fully consistent with the purpose of that provision and with certain objectives pursued by the Sixth Directive, such as fiscal neutrality and the avoidance of double taxation. | 0 |
297 | 73. Ensuring such judicial protection for the person who has made the request and to whom the institution has refused to grant access to one or more documents originating from a Member State following an objection by that State means that the European Union judicature must assess the lawfulness of the decision to refus... | 63. Selon une jurisprudence constante de la Cour, 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, quand bien même il... | 0 |
298 | 34. However, the Commission is required not to show exhaustively that the checks carried out by the national authorities were inadequate or that the figures they have transmitted are irregular, but to produce evidence of its serious and reasonable doubt regarding such checks or figures (see Case C‑54/95 Germany v Comm... | 35 It should be borne in mind here that where the Commission refuses to charge certain expenditure to the EAGGF on the ground that it was incurred as a result of breaches of Community rules for which a Member State can be held responsible, the Commission is required not to demonstrate exhaustively that there are irregu... | 1 |
299 | 18. Article 13A of the Sixth Directive relates to the exemption from VAT of certain activities in the public interest. That exemption does not cover every activity performed in the public interest, but only those which are listed in that provision and described in great detail (Case C‑401/05 VDP Dental Laboratory [200... | 81. Une mesure telle que celle mise en cause par le recours de la Commission viole ainsi le principe de proportionnalité en ce que les exigences de la réglementation nationale en cause font double emploi avec les justifications et les garanties exigées dans l’État membre d’établissement. Or, le respect du principe de l... | 0 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.