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61988CJ0125

Criminal proceedings against H. F. M. Nijman.

1989-11-07

13 However, it is undisputed that plant-protection products present significant risks to the health of humans and animals and to the environment, as the Court has held in relation to pesticides ( see the judgments of 19 September 1984 in Case 94/83 Albert Heijn BV (( 1984 )) ECR 3263, paragraph 13, and of 13 March 1986 in Case 54/85 Ministère public v Xavier Mirepoix (( 1986 )) ECR 1067, paragraph 13 ). Those risks are also recognized in the fourth recital in the preamble to Directive 79/117/EEC, according to which "the effects of these plant-protection products may not be wholly favourable for plant production ... since, in the main, they are toxic substances or preparations having dangerous effects ".

61985CJ0054

Ministère public against Xavier Mirepoix.

13 HOWEVER , AS THE COURT POINTED OUT IN ITS JUDGMENT OF 19 SEPTEMBER 1984 IN THE HEIJN CASE , PESTICIDES CONSTITUTE A MAJOR RISK TO HUMAN AND ANIMAL HEALTH AND TO THE ENVIRONMENT ; THIS HAS BEEN RECOGNIZED AT COMMUNITY LEVEL , IN PARTICULAR IN THE FIFTH RECITAL IN THE PREAMBLE TO THE AFOREMENTIONED COUNCIL DIRECTIVE 76/895 , WHICH STATES THAT ' PESTICIDES DO NOT HAVE ONLY A FAVOURABLE EFFECT ON PLANT PRODUCTION , SINCE THEY ARE GENERALLY TOXIC SUBSTANCES OR PREPARATIONS WITH DANGEROUS SIDE EFFECTS ' . IN THE ABSENCE OF HARMONIZATION IN THIS FIELD IT IS THEREFORE FOR THE MEMBER STATES , PURSUANT TO ARTICLE 36 , TO DETERMINE THE LEVEL OF PROTECTION WHICH SHOULD BE GIVEN TO HUMAN HEALTH AND LIFE , WHILST TAKING ACCOUNT OF THE REQUIREMENTS OF THE FREE MOVEMENT OF GOODS AS LAID DOWN BY THE TREATY AND , IN PARTICULAR , BY THE LAST SENTENCE OF ARTICLE 36 .

1986-03-13

61988CJ0131

Commission of the European Communities v Federal Republic of Germany.

1991-02-28

19 In order to guarantee complete and effective protection of groundwater, it is vital that the prohibitions set out in the directive be expressly embodied in national law (see the judgment in Case 252/85 Commission v France [1988] ECR 2243, paragraph 19). Paragraph 34(1) of the Wasserhaushaltsgesetz, which is relied on by the Federal Republic of Germany, does not contain a general prohibition; it permits the competent authority to grant, subject to certain conditions, authorization to introduce substances into groundwater, on the basis, moreover, of rather vague criteria, such as "harmful pollution" and "detrimental effect on the properties" of the water.

61985CJ0252

Commission of the European Communities v French Republic.

19 A CET EGARD, IL Y A LIEU D' OBSERVER QUE, AFIN D' ASSURER UNE PROTECTION COMPLETE ET EFFICACE DES OISEAUX SUR LE TERRITOIRE DE TOUS LES ETATS MEMBRES, IL EST INDISPENSABLE QUE LES INTERDICTIONS POSEES PAR LA DIRECTIVE SOIENT EXPRESSEMENT PREVUES DANS LES LEGISLATIONS NATIONALES . OR, LA REGLEMENTATION FRANCAISE NE CONTIENT PAS D' INTERDICTION RELATIVE A LA DETENTION DES OISEAUX PROTEGES, PERMETTANT AINSI LA DETENTION D' OISEAUX CAPTURES OU OBTENUS DE MANIERE ILLICITE, NOTAMMENT LORSQU' ILS L' ONT ETE EN DEHORS DU TERRITOIRE FRANCAIS . EN OUTRE, IL CONVIENT DE CONSTATER QUE, COMME LE GOUVERNEMENT FRANCAIS L' A ADMIS, LA LISTE DES OISEAUX DONT LA DETENTION EST PERMISE EN VERTU DE LA REGLEMENTATION FRANCAISE NE CORRESPOND PAS AU NOMBRE RESTREINT D' ESPECES D' OISEAUX QUI SONT SUSCEPTIBLES D' ETRE DETENUS CONFORMEMENT A L' ANNEXE III DE LA DIRECTIVE .

1988-04-27

61988CJ0131

Commission of the European Communities v Federal Republic of Germany.

1991-02-28

8 It should be pointed out that the fact that a practice is consistent with the protection afforded under a directive does not justify failure to implement that directive in the national legal order by means of provisions which are capable of creating a situation which is sufficiently precise, clear and open to permit individuals to be aware of and enforce their rights. As the Court held in its judgment in Case C-339/87 (Commission v Netherlands [1990] ECR I-851, paragraph 25), in order to secure full implementation of directives in law and not only in fact, Member States must establish a specific legal framework in the area in question.

61987CJ0339

Commission of the European Communities v Kingdom of the Netherlands.

25 The Netherlands Government' s argument cannot be upheld . In fact, it is common ground that the seeking, the collection and the possession of eggs of the wood pigeon, the carrion crow, the jackdaw, the jay and the magpie, which are authorized under the national legislation, are contrary to Article 5(c ) of the directive . As has been emphasized above, the fact that a number of activities incompatible with the prohibitions contained in the directive are unknown in a particular Member State cannot justify the absence of appropriate legal provisions . In order to secure the full implementation of directives in law and not only in fact, Member States must establish a specific legal framework in the area in question . The third complaint must therefore be regarded as well founded . Fourth complaint : derogations concerning the prevention of damage

1990-03-15

61998CJ0300

Parfums Christian Dior SA v TUK Consultancy BV and Assco Gerüste GmbH and Rob van Dijk v Wilhelm Layher GmbH & Co. KG and Layher BV.

2000-12-14

35 Likewise, where a provision such as Article 50 of TRIPs can apply both to situations falling within the scope of national law and to situations falling within that of Community law, as is the case in the field of trade marks, the Court has jurisdiction to interpret it in order to forestall future differences of interpretation (see Hermès, paragraphs 32 and 33).

61996CJ0053

Hermès International (a partnership limited by shares) v FHT Marketing Choice BV.

33 The Court therefore has jurisdiction to rule on the question submitted by the national court. The question referred for a preliminary ruling

1998-06-16

61998CJ0361

Italian Republic v Commission of the European Communities.

2001-01-18

31 In that regard, as the Court has held in previous decisions, 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 (see, in particular, Case 337/82 St Nikolaus Brennerei [1984] ECR 1051, paragraph 10).

61982CJ0337

St. Nikolaus Brennerei und Likörfabrik, Gustav Kniepf-Melde GmbH v Hauptzollamt Krefeld.

10 IN VIEW OF THE PROBLEMS RAISED BY THE INTERPRETATION OF ARTICLE 46 OF THE TREATY , IT IS NECESSARY , IN ORDER TO DETERMINE THE SCOPE OF THAT PROVISION , TO CONSIDER ITS WORDING , ITS CONTEXT AND ITS AIMS .

1984-02-21

61998CJ0367

Commission of the European Communities v Portuguese Republic.

2002-06-04

37 Although the Treaty does not define the terms movements of capital and payments, it is settled case-law that Directive 88/361, together with the nomenclature annexed to it, may be used for the purposes of defining what constitutes a capital movement (Case C-222/97 Trummer and Mayer [1999] ECR I-1661, paragraphs 20 and 21).

61997CJ0222

Manfred Trummer and Peter Mayer.

20 It should be noted in that connection that the EC Treaty does not define the terms `movements of capital' and `payments'.

1999-03-16

61998CJ0377

Kingdom of the Netherlands v European Parliament and Council of the European Union.

2001-10-09

53 However, such an exclusion cannot be applied to the CBD, which, unlike the WTO agreement, is not strictly based on reciprocal and mutually advantageous arrangements (see Portugal v Council, cited above, paragraphs 42 to 46).

61996CJ0149

Portuguese Republic v Council of the European Union.

43 It is common ground, moreover, that some of the contracting parties, which are among the most important commercial partners of the Community, have concluded from the subject-matter and purpose of the WTO agreements that they are not among the rules applicable by their judicial organs when reviewing the legality of their rules of domestic law.

1999-11-23

61988CJ0132

Commission of the European Communities v Hellenic Republic.

1990-04-05

17 It must be emphasized in this regard that Article 95 of the Treaty does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products in the light of considerations of social policy . As the Court held in particular in Humblot, cited above, paragraphs 12 and 13, and in the judgment of 16 December 1986 in Case 200/85 Commission v Italy (( 1986 )) ECR 3953, paragraphs 8 and 10, as Community law stands at present, the Member States are at liberty to subject products such as cars to a system of tax which increases progressively in amount according to an objective criterion, such as cylinder capacity, provided that the system of taxation is free from any discriminatory or protective effect .

61984CJ0112

Michel Humblot v Directeur des services fiscaux.

12 IT IS APPROPRIATE IN THE FIRST PLACE TO STRESS THAT AS COMMUNITY LAW STANDS AT PRESENT THE MEMBER STATES ARE AT LIBERTY TO SUBJECT PRODUCTS SUCH AS CARS TO A SYSTEM OF ROAD TAX WHICH INCREASES PROGRESSIVELY IN AMOUNT DEPENDING ON AN OBJECTIVE CRITERION , SUCH AS THE POWER RATING FOR TAX PURPOSES , WHICH MAY BE DETERMINED IN VARIOUS WAYS .

1985-05-09

61988CJ0132

Commission of the European Communities v Hellenic Republic.

1990-04-05

17 It must be emphasized in this regard that Article 95 of the Treaty does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products in the light of considerations of social policy . As the Court held in particular in Humblot, cited above, paragraphs 12 and 13, and in the judgment of 16 December 1986 in Case 200/85 Commission v Italy (( 1986 )) ECR 3953, paragraphs 8 and 10, as Community law stands at present, the Member States are at liberty to subject products such as cars to a system of tax which increases progressively in amount according to an objective criterion, such as cylinder capacity, provided that the system of taxation is free from any discriminatory or protective effect .

61984CJ0112

Michel Humblot v Directeur des services fiscaux.

13 SUCH A SYSTEM OF DOMESTIC TAXATION IS , HOWEVER , COMPATIBLE WITH ARTICLE 95 ONLY IN SO FAR AS IT IS FREE FROM ANY DISCRIMINATORY OR PROTECTIVE EFFECT .

1985-05-09

61988CJ0132

Commission of the European Communities v Hellenic Republic.

1990-04-05

17 It must be emphasized in this regard that Article 95 of the Treaty does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products in the light of considerations of social policy . As the Court held in particular in Humblot, cited above, paragraphs 12 and 13, and in the judgment of 16 December 1986 in Case 200/85 Commission v Italy (( 1986 )) ECR 3953, paragraphs 8 and 10, as Community law stands at present, the Member States are at liberty to subject products such as cars to a system of tax which increases progressively in amount according to an objective criterion, such as cylinder capacity, provided that the system of taxation is free from any discriminatory or protective effect .

61985CJ0200

Commission of the European Communities v Italian Republic.

8 BEFORE CONSIDERING THE COMPATIBILITY OF THAT SYSTEM WITH ARTICLE 95 OF THE EEC TREATY , IT IS APPROPRIATE TO POINT OUT THAT THE COURT HAS CONSISTENTLY HELD THAT IN ITS PRESENT STAGE OF DEVELOPMENT COMMUNITY LAW DOES NOT RESTRICT THE FREEDOM OF EACH MEMBER STATE TO LAY DOWN TAX ARRANGEMENTS WHICH DIFFERENTIATE BETWEEN CERTAIN PRODUCTS ON THE BASIS OF OBJECTIVE CRITERIA . HOWEVER , THE FREEDOM LEFT TO MEMBER STATES IN THE FIELD OF DOMESTIC TAXATION CANNOT JUSTIFY ANY DEPARTURE FROM THE FUNDAMENTAL PRINCIPLE OF NON-DISCRIMINATION IN TAXATION MATTERS LAID DOWN IN ARTICLE 95 BUT MUST BE EXERCISED WITHIN THE CONFINES OF THAT PROVISION AND OBSERVE THE PROHIBITIONS CONTAINED THEREIN .

1986-12-16

61988CJ0132

Commission of the European Communities v Hellenic Republic.

1990-04-05

17 It must be emphasized in this regard that Article 95 of the Treaty does not provide a basis for censuring the excessiveness of the level of taxation which the Member States might adopt for particular products in the light of considerations of social policy . As the Court held in particular in Humblot, cited above, paragraphs 12 and 13, and in the judgment of 16 December 1986 in Case 200/85 Commission v Italy (( 1986 )) ECR 3953, paragraphs 8 and 10, as Community law stands at present, the Member States are at liberty to subject products such as cars to a system of tax which increases progressively in amount according to an objective criterion, such as cylinder capacity, provided that the system of taxation is free from any discriminatory or protective effect .

61985CJ0200

Commission of the European Communities v Italian Republic.

10 IN THIS CASE , IT MUST BE HELD IN THE FIRST PLACE THAT REFERENCE TO A PARTICULAR CUBIC CAPACITY AS THE DIFFERENTIAL THRESHOLD BETWEEN TWO RATES OF TAXATION IS AN OBJECTIVE CRITERION THAT TAKES NO ACCOUNT OF THE ORIGIN OF PRODUCTS . THE FACT THAT THE DIFFERENTIAL THRESHOLD IS HIGHER FOR DIESEL-ENGINED CARS THAN FOR PETROL-ENGINED CARS IS NOT ITSELF CONTESTED IN THESE PROCEEDINGS .

1986-12-16

61998CJ0377

Kingdom of the Netherlands v European Parliament and Council of the European Union.

2001-10-09

53 However, such an exclusion cannot be applied to the CBD, which, unlike the WTO agreement, is not strictly based on reciprocal and mutually advantageous arrangements (see Portugal v Council, cited above, paragraphs 42 to 46).

61996CJ0149

Portuguese Republic v Council of the European Union.

44 Admittedly, the fact that the courts of one of the parties consider that some of the provisions of the agreement concluded by the Community are of direct application whereas the courts of the other party do not recognise such direct application is not in itself such as to constitute a lack of reciprocity in the implementation of the agreement (Kupferberg, paragraph 18).

1999-11-23

61998CJ0377

Kingdom of the Netherlands v European Parliament and Council of the European Union.

2001-10-09

53 However, such an exclusion cannot be applied to the CBD, which, unlike the WTO agreement, is not strictly based on reciprocal and mutually advantageous arrangements (see Portugal v Council, cited above, paragraphs 42 to 46).

61996CJ0149

Portuguese Republic v Council of the European Union.

45 However, the lack of reciprocity in that regard on the part of the Community's trading partners, in relation to the WTO agreements which are based on `reciprocal and mutually advantageous arrangements' and which must ipso facto be distinguished from agreements concluded by the Community, referred to in paragraph 42 of the present judgment, may lead to disuniform application of the WTO rules.

1999-11-23

61998CJ0377

Kingdom of the Netherlands v European Parliament and Council of the European Union.

2001-10-09

53 However, such an exclusion cannot be applied to the CBD, which, unlike the WTO agreement, is not strictly based on reciprocal and mutually advantageous arrangements (see Portugal v Council, cited above, paragraphs 42 to 46).

61996CJ0149

Portuguese Republic v Council of the European Union.

46 To accept that the role of ensuring that Community law complies with those rules devolves directly on the Community judicature would deprive the legislative or executive organs of the Community of the scope for manoeuvre enjoyed by their counterparts in the Community's trading partners.

1999-11-23

61988CJ0132

Commission of the European Communities v Hellenic Republic.

1990-04-05

18 It must be made clear that a system of taxation cannot be regarded as discriminatory solely because only imported products, in particular those from other Member States, come within the most heavily taxed category ( see judgment of 14 January 1981 in Case 140/79 Chemial Farmaceutici v DAF (( 1981 )) ECR 1, paragraph 18 ).

61979CJ0140

Chemial Farmaceutici SpA v DAF SpA.

18 WHERE , BY REASON OF THE TAXATION OF SYNTHETIC ALCOHOL , IT HAS BEEN IMPOSSIBLE TO DEVELOP PROFITABLE PRODUCTION OF THAT TYPE OF ALCOHOL ON NATIONAL TERRITORY , THE APPLICATION OF SUCH TAX ARRANGEMENTS CANNOT BE CONSIDERED AS CONSTITUTING INDIRECT PROTECTION OF NATIONAL PRODUCTION OF ALCOHOL OBTAINED BY FERMENTATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 95 ON THE SOLE GROUND THAT THEIR CONSEQUENCE IS THAT THE PRODUCT SUBJECT TO THE HEAVIER TAXATION IS IN FACT A PRODUCT WHICH IS EXCLUSIVELY IMPORTED FROM OTHER MEMBER STATES OF THE COMMUNITY .

1981-01-14

61988CJ0137

Marijke Schneemann and others v Commission of the European Communities.

1990-02-14

10 As regards the Commission' s contention that it has discharged its duty under Article 155 of the EEC Treaty by bringing actions based on Articles 169 and 171 of the Treaty against the Kingdom of Belgium, it must be emphasized that, in proceedings brought by officials under Article 179 of the EEC Treaty, it is not for the Court to decide whether the Commission has properly fulfilled its duty of supervision under, inter alia, Article 155 of the EEC Treaty ( see the judgment of 15 March 1984 in Case 28/83 Forcheri v Commission (( 1984 )) ECR 1425, paragraph 12 ).

61983CJ0028

Sandro Forcheri v Commission of the European Communities.

12 IN VIEW OF THOSE ARGUMENTS IT MUST BE POINTED OUT IN THE FIRST PLACE THAT IN AN ACTION BROUGHT BY AN OFFICIAL UNDER ARTICLE 179 OF THE EEC TREATY THE COURT CANNOT DETERMINE WHETHER OR NOT A MEMBER STATE HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY OR RULE WHETHER THE COMMISSION HAS PROPERLY DISCHARGED THE SUPERVISORY DUTIES INCUMBENT UPON IT UNDER INTER ALIA ARTICLE 155 OF THE EEC TREATY . IN THE PRESENT CASE THEREFORE , IT IS SOLELY A QUESTION OF DECIDING WHETHER THE COMMISSION , AS THE APPOINTING AUTHORITY , HAS FAILED IN ITS DUTY TO PROVIDE ASSISTANCE TO AN OFFICIAL WHO IS ALLEGING THAT A MEMBER STATE INFRINGED THE RIGHTS CONFERRED ON HIM IN THE INTERESTS OF THE COMMUNITIES BY HIS STATUS AS AN OFFICIAL . IT IS ONLY IN VIEW OF THAT QUESTION THAT IT MAY POSSIBLY BE NECESSARY TO EXAMINE THE NATIONAL MEASURES FIRST .

1984-03-15

61988CJ0140

G. C. Noij v Staatssecretaris van Financiën.

1991-02-21

11 As regards Title III of Regulation No 1408/71 which contains specific provisions for different categories of pensions, it should be noted that Article 33, in the version as amended by Regulation (EEC) No 2864/72 of the Council of 19 December 1972 (OJ, English Special Edition 1972 (31 December) p. 15) which is applicable in this case, already precluded the institution of a Member State responsible for payment of a pension from charging contributions to cover the sickness and maternity benefits payable by an institution of another Member State (see the judgment of 28 March 1985 in Case 275/83, Commission v Belgium [1985] ECR 1097, at paragraph 3).

61983CJ0275

Commission of the European Communities v Kingdom of Belgium.

3 IT APPEARS FROM THAT PROVISION THAT SUCH DEDUCTIONS FROM PENSIONS MAY BE MADE BY THE INSTITUTION OF A MEMBER STATE ONLY IN RESPECT OF THOSE INSURED PERSONS WHO IN RETURN RECEIVE SICKNESS AND MATERNITY BENEFITS FROM THE INSTITUTION OF THAT MEMBER STATE RESPONSIBLE FOR SUCH BENEFITS . BUT SUCH DEDUCTIONS MAY NOT BE MADE WHERE THE BENEFITS IN QUESTION ARE NOT BORNE BY AN INSTITUTION OF THAT MEMBER STATE . THAT IS THE CASE IN RELATION TO INSURED PERSONS WHO RESIDE IN THE TERRITORY OF ANOTHER MEMBER STATE AND WHO ARE IN RECEIPT , BY VIRTUE OF THAT RESIDENCE , OF BENEFITS FROM THE COMPETENT INSTITUTION OF THAT MEMBER STATE UNDER ARTICLES 27 TO 32 OF REGULATION NO 1408/71 .

1985-03-28

61988CJ0143

Zuckerfabrik Süderdithmarschen AG v Hauptzollamt Itzehoe and Zuckerfabrik Soest GmbH v Hauptzollamt Paderborn.

1991-02-21

17 That right would be compromised if, pending delivery of a judgment of the Court, which alone has jurisdiction to declare that a Community regulation is invalid (see judgment in Case 314/85 Foto-Frost v Hauptzollamt Luebeck-Ost [1987] ECR 4199, at paragraph 20), individuals were not in a position, where certain conditions are satisfied, to obtain a decision granting suspension of enforcement which would make it possible for the effects of the disputed regulation to be rendered for the time being inoperative as regards them.

61985CJ0314

Foto-Frost v Hauptzollamt Lübeck-Ost.

20 THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT THE NATIONAL COURTS HAVE NO JURISDICTION THEMSELVES TO DECLARE THAT ACTS OF COMMUNITY INSTITUTIONS ARE INVALID . THE SECOND QUESTION

1987-10-22

61998CJ0390

H.J. Banks & Co. Ltd v The Coal Authority and Secretary of State for Trade and Industry.

2001-09-20

58 Moreover, in order to determine whether a provision of the ECSC Treaty is directly effective and directly produces rights in favour of individuals which the national courts must protect, it is necessary to ascertain whether that provision is clear and unconditional (Banks, paragraph 15).

61992CJ0128

H. J. Banks & Co. Ltd v British Coal Corporation.

15 In order to answer Question 3, it is necessary to see whether Articles 4(d), 65 and 66(7) are clear and unconditional provisions which confer directly on individuals rights which the national courts must protect.

1994-04-13

61998CJ0390

H.J. Banks & Co. Ltd v The Coal Authority and Secretary of State for Trade and Industry.

2001-09-20

59 If a provision of Article 4 of the ECSC Treaty is not independently applicable, it cannot have direct effect (Banks, paragraph 16; Hopkins, paragraph 26).

61992CJ0128

H. J. Banks & Co. Ltd v British Coal Corporation.

16 As Article 4(d) is not applicable by itself (see paragraph 11 above), it cannot have direct effect.

1994-04-13

61998CJ0397

Metallgesellschaft Ltd and Others (C-397/98), Hoechst AG and Hoechst (UK) Ltd (C-410/98) v Commissioners of Inland Revenue and HM Attorney General.

2001-03-08

39 It is common ground that, in relation to the right of establishment, the principle of non-discrimination was implemented and specifically laid down by Article 52 of the Treaty (Halliburton Services, cited above, paragraph 12, Case C-193/94 Skanavi and Chryssanthakopoulos [1996] ECR I-929, paragraph 21, and Baars, paragraph 24).

61994CJ0193

Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos.

21 The principle of non-discrimination was implemented and specifically laid down, in relation to the right of establishment, by Article 52 of the Treaty.

1996-02-29

61998CJ0398

Commission of the European Communities v Hellenic Republic.

2001-10-25

22 Article 30 of the Treaty is designed to prohibit all trading rules enacted by Member States which are capable, directly or indirectly, actually or potentially, of hindering intra-Community trade (see Case 8/74 Dassonville [1974] ECR 837, paragraph 5).

61974CJ0008

Procureur du Roi v Benoît and Gustave Dassonville.

5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

1974-07-11

61988CJ0143

Zuckerfabrik Süderdithmarschen AG v Hauptzollamt Itzehoe and Zuckerfabrik Soest GmbH v Hauptzollamt Paderborn.

1991-02-21

18 As the Court pointed out in its judgment in Foto-Frost, cited above, (at paragraph 16), requests for preliminary rulings which seek to ascertain the validity of a measure, like actions for annulment, constitute means for reviewing the legality of acts of the Community institutions. In the context of actions for annulment, Article 185 of the EEC Treaty enables applicants to request suspension of the enforcement of the contested act and empowers the Court to order such suspension. The coherence of the system of interim legal protection therefore requires that national courts should also be able to order suspension of enforcement of a national administrative measure based on a Community regulation, the legality of which is contested.

61985CJ0314

Foto-Frost v Hauptzollamt Lübeck-Ost.

16 THE SAME CONCLUSION IS DICTATED BY CONSIDERATION OF THE NECESSARY COHERENCE OF THE SYSTEM OF JUDICIAL PROTECTION ESTABLISHED BY THE TREATY . IN THAT REGARD IT MUST BE OBSERVED THAT REQUESTS FOR PRELIMINARY RULINGS, LIKE ACTIONS FOR ANNULMENT, CONSTITUTE MEANS FOR REVIEWING THE LEGALITY OF ACTS OF THE COMMUNITY INSTITUTIONS . AS THE COURT POINTED OUT IN ITS JUDGMENT OF 23 APRIL 1986 IN CASE 294/83 PARTI ECOLOGISTE "LES VERTS" V EUROPEAN PARLIAMENT (( 1986 )) ECR 1339 ), "IN ARTICLES 173 AND 184, ON THE ONE HAND, AND IN ARTICLE 177, ON THE OTHER, THE TREATY ESTABLISHED A COMPLETE SYSTEM OF LEGAL REMEDIES AND PROCEDURES DESIGNED TO PERMIT THE COURT OF JUSTICE TO REVIEW THE LEGALITY OF MEASURES ADOPTED BY THE INSTITUTIONS ".

1987-10-22

61988CJ0143

Zuckerfabrik Süderdithmarschen AG v Hauptzollamt Itzehoe and Zuckerfabrik Soest GmbH v Hauptzollamt Paderborn.

1991-02-21

73 In this regard, the Court has already held (see in particular the judgment in Case 265/87 Schraeder v Hauptzollamt Gronau [1989] ECR 2237, at paragraph 15) that the right to property and the freedom to pursue a trade or profession may be restricted, particularly in the context of a common organization of the market, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and that they do not constitute a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed.

61987CJ0265

Hermann Schräder HS Kraftfutter GmbH & Co. KG v Hauptzollamt Gronau.

15 The Court has recognized in particular, notably in the judgment in Case 44/79, cited above, that both the right to property and the freedom to pursue a trade or profession form part of the general principles of Community law . However, those principles do not constitute an unfettered prerogative, but must be viewed in the light of the social function of the activities protected thereunder . Consequently, the right to property and the freedom to pursue a trade or profession may be restricted, particularly in the context of a common organization of the market, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and that they do not constitute a disproportionate and intolerable interference which infringes upon the very substance of the rights guaranteed . The question whether the co-responsibility levy scheme is compatible with the protection of fundamental rights must be considered in the light of those criteria .

1989-07-11

61988CJ0152

Sofrimport SARL v Commission of the European Communities.

1990-06-26

10 With regard to the question whether the applicant is individually concerned, it must be determined whether the contested measures affect it by reason of certain attributes which are peculiar to it or by reason of circumstances in which it is differentiated from all other persons ( see the judgment of 14 July 1983 in Case 231/82 Spijker v Commission (( 1983 )) ECR 2559, paragraph 8 ).

61982CJ0231

Spijker Kwasten BV v Commission of the European Communities.

8 THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 15 JULY 1963 IN CASE 25/62 PLAUMANN ( 1963 ) ECR 95 THAT PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY CLAIM TO BE INDIVIDUALLY CONCERNED BY THAT DECISION ONLY IF IT AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND IF BY VIRTUE OF THOSE FACTORS IT DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

1983-07-14

61988CJ0152

Sofrimport SARL v Commission of the European Communities.

1990-06-26

25 With regard to legislative measures, the Court has defined the scope of that provision in particular in its judgment of 25 May 1978 in Joined Cases 83 and 94/76 and 4, 15 and 40/77 HNL v Council and Commission (( 1978 )) ECR 1209, paragraphs 4 to 6; see also the judgments of 4 October 1979 in Case 238/78 Ireks-Arkady v Council and Commission (( 1979 )) ECR 2955, paragraph 9, Joined Cases 241, 242 and 245 to 250/78 DGV v Council and Commission (( 1979 )) ECR 3017, paragraph 9 and Joined Cases 261 and 262/78 Interquell v Council and Commission (( 1979 )) ECR 3045, paragraph 12 . According to those judgments, the Community does not incur liability on account of a legislative measure which involves choices of economic policy unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred .

61978CJ0238

Ireks-Arkady GmbH v Council and Commission of the European Communities.

9 THE FINDING THAT A LEGAL SITUATION RESULTING FROM THE LEGISLATIVE MEASURES OF THE COMMUNITY IS UNLAWFUL IS NOT SUFFICIENT IN ITSELF TO GIVE RISE TO SUCH LIABILITY . THE COURT HAS ALREADY EXPRESSED THAT VIEW IN ITS JUDGMENT OF 25 MAY 1978 IN JOINED CASES 83/76 AND OTHERS BAYERISCHE HNL VERMEHRUNGSBETRIEBE AND OTHERS V COUNCIL AND COMMISSION ( 1978 ) ECR 1209 . IN THIS REGARD , THE COURT RECALLED ITS SETTLED CASE-LAW , ACCORDING TO WHICH THE COMMUNITY DOES NOT INCUR LIABILITY ON ACCOUNT OF A LEGISLATIVE MEASURE WHICH INVOLVES CHOICES OF ECONOMIC POLICY UNLESS A SUFFICIENTLY SERIOUS BREACH OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . TAKING INTO CONSIDERATION THE PRINCIPLES IN THE LEGAL SYSTEMS OF THE MEMBER STATES GOVERNING THE LIABILITY OF PUBLIC AUTHORITIES FOR DAMAGE CAUSED TO INDIVIDUALS BY LEGISLATIVE MEASURES , THE COURT SAID THAT IN THE CONTEXT OF COMMUNITY PROVISIONS IN WHICH ONE OF THE CHIEF FEATURES WAS THE EXERCISE OF A WIDE DISCRETION ESSENTIAL FOR THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY , THE COMMUNITY DID NOT INCUR LIABILITY UNLESS THE INSTITUTION CONCERNED MANIFESTLY AND GRAVELY DISREGARDED THE LIMITS ON THE EXERCISE OF ITS POWERS .

1979-10-04

61998CJ0415

Laszlo Bakcsi v Finanzamt Fürstenfeldbruck.

2001-03-08

24 In paragraph 16 of its judgment in Armbrecht, the Court held that it is clear from the wording of Article 2(1) of the Sixth Directive that a taxable person must act as such in order for a transaction to be subject to VAT. According to paragraph 17 of that judgment, a taxable person carrying out a transaction in a private capacity does not act as a taxable person. Consequently, as paragraph 18 of Armbrecht makes clear, a transaction carried out by a taxable person in a private capacity is not subject to VAT.

61992CJ0291

Finanzamt Uelzen v Dieter Armbrecht.

16 It is clear from the wording of Article 2(1) of the Directive that a taxable person must act "as such" for a transaction to be subject to VAT.

1995-10-04

61988CJ0158

Commission of the European Communities v Ireland.

1990-06-12

7 This argument cannot be accepted . It is clear from the Court' s case-law ( see in particular the judgment of 14 February 1984 in Case 278/82 Rewe II (( 1984 )) ECR 721, paragraph 31 ) that in the area in question Member States are left with only the restricted power given to them by the actual provisions of the directives in question . No provision is made in those directives for any derogation relating to the duration of journeys .

61982CJ0278

Rewe-Handelsgesellschaft Nord mbH and Rewe-Markt Herbert Kureit v Hauptzollämter Flensburg, Itzehoe and Lübeck-West.

31 THAT ARGUMENT MUST ALSO BE REJECTED . IN FACT , AS THE COURT HAS STATED IN ITS JUDGMENT OF 7 JULY 1981 , CITED ABOVE : ' ' IN ADOPTING DIRECTIVE 69/169 , AND THE SECOND AND THIRD DIRECTIVES OF 12 JUNE 1972 AND 10 DECEMBER 1978 RESPECTIVELY WHICH SUPPLEMENT IT , THE COUNCIL INTENDED GRADUALLY TO ESTABLISH A COMPLETE SYSTEM OF EXEMPTIONS FROM TURNOVER TAX AND EXCISE DUTY FOR GOODS CONTAINED IN TRAVELLERS ' PERSONAL LUGGAGE . CONSEQUENTLY IN THIS FIELD THE MEMBER STATES ARE LEFT WITH ONLY THE RESTRICTED POWER GIVEN TO THEM BY THE DIRECTIVES TO GRANT EXEMPTIONS OTHER THAN THOSE SPECIFIED IN THE DIRECTIVES . ' ' IT FOLLOWS THAT THE COMMUNITY RULES ARE EXHAUSTIVE IN THE MATTER AND THAT THE MEMBER STATES RETAIN ONLY THE RESTRICTED POWER GIVEN TO THEM BY THE PROVISIONS OF THE AFOREMENTIONED DIRECTIVES THEMSELVES .

1984-02-14

61988CJ0158

Commission of the European Communities v Ireland.

1990-06-12

8 It should be added that in that same judgment the Court held that in the context of travel within the Community the exemptions available in a Member State for goods contained in the personal luggage of travellers are granted as soon as the traveller in question has in fact had an opportunity to make purchases in another Member State ( judgment of 14 February 1984 in Case 278/82, cited above, paragraph 45 ). It follows that the distinction drawn by the regulations in question between "genuine" travellers and "fiscal" travellers in order to deny the latter the benefit of the exemptions provided for in the directive is incompatible therewith .

61982CJ0278

Rewe-Handelsgesellschaft Nord mbH and Rewe-Markt Herbert Kureit v Hauptzollämter Flensburg, Itzehoe and Lübeck-West.

45 THE COURT NOTES THAT IT IS CLEAR BOTH FROM THE AIMS OF DIRECTIVE 69/169 AND FROM THE TERMS OF ARTICLE 2 ( 1 ) THEREOF ITSELF THAT THE CONCESSIONS PROVIDED FOR IN THAT DIRECTIVE IN RELATION TO TAX EXEMPTIONS FOR GOODS CONTAINED IN THE PERSONAL LUGGAGE OF PERSONS TRAVELLING WITHIN THE COMMUNITY , ARE LIMITED TO TRAVELLERS ' ' COMING FROM MEMBER STATES OF THE COMMUNITY ' ' , THAT IS TO SAY , TRAVELLERS WHO GO FROM ONE MEMBER STATE TO ANOTHER AFTER HAVING IN FACT HAD AN OPPORTUNITY TO MAKE PURCHASES IN THE MEMBER STATE OF DEPARTURE .

1984-02-14

61988CJ0168

Theo Dammer v VZW Securex Kinderbijslagfonds and Rijksdienst voor Kinderbijslag der Werknemers.

1989-12-14

21 According to the Court' s previous decisions, in particular its judgment of 21 October 1975 in Case 24/75 Petroni v ONPTS (( 1975 )) ECR 1149, paragraph 13, the aim of Articles 48 to 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose advantages in the field of social security guaranteed to them in any event by the legislation of a single Member State . In paragraph 7 of its judgment of 9 July 1980 in Case 807/79 Gravina and Others v Landesversicherungsanstalt Schwaben (( 1980 )) ECR 2205, the Court accordingly concluded that the application of Community rules may not bring about a reduction in the benefits awarded by virtue of such legislation .

61975CJ0024

Teresa and Silvana Petroni v Office national des pensions pour travailleurs salariés (ONPTS), Bruxelles.

13 THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF, AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT, WORKERS WERE TO LOSE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM IN ANY EVENT BY THE LAWS OF A SINGLE MEMBER STATE .

1975-10-21

61988CJ0175

Klaus Biehl v Administration des contributions du grand-duché de Luxembourg.

1990-05-08

13 According to the case-law of the Court, the rules regarding equality of treatment forbid not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other criteria of differentiation, lead to the same result ( judgment of 12 February 1974 in Case 152/73 Sotgiu v Deutsche Bundespost (( 1974 )) ECR 153, paragraph 11 ).

61973CJ0152

Giovanni Maria Sotgiu v Deutsche Bundespost.

11 THE RULES REGARDING EQUALITY OF TREATMENT, BOTH IN THE TREATY AND IN ARTICLE 7 OF REGULATION NO 1612/68, FORBID NOT ONLY OVERT DISCRIMINATION BY REASON OF NATIONALITY BUT ALSO ALL COVERT FORMS OF DISCRIMINATION WHICH, BY THE APPLICATION OF OTHER CRITERIA OF DIFFERENTIATION, LEAD IN FACT TO THE SAME RESULT . THIS INTERPRETATION, WHICH IS NECESSARY TO ENSURE THE EFFECTIVE WORKING OF ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY, IS EXPLICITLY RECOGNIZED BY THE FIFTH RECITAL OF THE PREAMBLE TO REGULATION NO 1612/68 WHICH REQUIRES THAT EQUALITY OF TREATMENT OF WORKERS SHALL BE ENSURED 'IN FACT AND IN LAW '. IT MAY THEREFORE BE THAT CRITERIA SUCH AS PLACE OF ORIGIN OR RESIDENCE OF A WORKER MAY, ACCORDING TO CIRCUMSTANCES, BE TANTAMOUNT, AS REGARDS THEIR PRACTICAL EFFECT, TO DISCRIMINATION ON THE GROUNDS OF NATIONALITY, SUCH AS IS PROHIBITED BY THE TREATY AND THE REGULATION .

1974-02-12

61998CJ0415

Laszlo Bakcsi v Finanzamt Fürstenfeldbruck.

2001-03-08

24 In paragraph 16 of its judgment in Armbrecht, the Court held that it is clear from the wording of Article 2(1) of the Sixth Directive that a taxable person must act as such in order for a transaction to be subject to VAT. According to paragraph 17 of that judgment, a taxable person carrying out a transaction in a private capacity does not act as a taxable person. Consequently, as paragraph 18 of Armbrecht makes clear, a transaction carried out by a taxable person in a private capacity is not subject to VAT.

61992CJ0291

Finanzamt Uelzen v Dieter Armbrecht.

18 A transaction performed by a taxable person in a private capacity is not, therefore, subject to VAT.

1995-10-04

61998CJ0415

Laszlo Bakcsi v Finanzamt Fürstenfeldbruck.

2001-03-08

39 Where a taxable person assigns to his business assets only the part of the item used for business purposes, the sale of that part alone is subject to VAT (see, to this effect, Armbrecht, paragraph 24).

61992CJ0291

Finanzamt Uelzen v Dieter Armbrecht.

24 The answer to the first question must therefore be that, where a taxable person sells property part of which he had chosen to reserve for his private use, he does not act with respect to the sale of that part as a taxable person within the meaning of Article 2(1) of the Directive. The second question

1995-10-04

61998CJ0446

Fazenda Pública v Câmara Municipal do Porto.

2000-12-14

43 Where those activities are thus treated as activities engaged in by bodies governed by public law acting as public authorities, they must also, in order to be non-taxable under the first paragraph of Article 4(5) of the Sixth Directive, satisfy the conditions in the second subparagraph of that provision (see Marktgemeinde Welden, paragraph 21).

61995CJ0247

Finanzamt Augsburg-Stadt v Marktgemeinde Welden.

21 In so far as a body governed by public law is regarded, by virtue of the fourth subparagraph of Article 4(5), as having carried out an activity as a public authority, it falls to the national court to determine, where necessary, whether the requirements of the second subparagraph of Article 4(5) are satisfied.

1997-02-06

61988CJ0177

Elisabeth Johanna Pacifica Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus.

1990-11-08

23 Article 6 of the Directive recognizes the existence of rights vesting in the victims of discrimination which can be pleaded in legal proceedings . Although full implementation of the Directive does not require any specific form of sanction for unlawful discrimination, it does entail that that sanction be such as to guarantee real and effective protection ( judgment in Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 23 ). It must, furthermore, have a real deterrent effect on the employer .

61983CJ0014

Sabine von Colson and Elisabeth Kamann v Land Nordrhein-Westfalen.

23 ALTHOUGH , AS HAS BEEN STATED IN THE REPLY TO QUESTION 1 , FULL IMPLEMENTATION OF THE DIRECTIVE DOES NOT REQUIRE ANY SPECIFIC FORM OF SANCTION FOR UNLAWFUL DISCRIMINATION , IT DOES ENTAIL THAT THAT SANCTION BE SUCH AS TO GUARANTEE REAL AND EFFECTIVE JUDICIAL PROTECTION . MOREOVER IT MUST ALSO HAVE A REAL DETERRENT EFFECT ON THE EMPLOYER . IT FOLLOWS THAT WHERE A MEMBER STATE CHOOSES TO PENALIZE THE BREACH OF THE PROHIBITION OF DISCRIMINATION BY THE AWARD OF COMPENSATION , THAT COMPENSATION MUST IN ANY EVENT BE ADEQUATE IN RELATION TO THE DAMAGE SUSTAINED .

1984-04-10

61988CJ0180

Wirtschaftsvereinigung Eisen- und Stahlindustrie v Commission of the European Communities.

1990-12-06

22 It is clear from the Court' s case-law that, failing publication or notification, it is for the party which has knowledge of a decision concerning it to request the whole text thereof within a reasonable period and that the period for bringing an action can begin to run only from the moment when the third party concerned acquires precise knowledge of the content of the decision in question and of the reasons on which it is based in such a way as to enable it to exercise its right of action ( judgment in Case 236/86 Dillinger Huettenwerke [1988] ECR 3761, paragraph 14 ). According to that same case, an undertaking is concerned within the meaning of the second paragraph of Article 33 of the ECSC Treaty by a decision of the Commission enabling benefits to be conferred on one or more other competitor undertakings ( paragraph 8 ).

61986CJ0236

Dillinger Hüttenwerke AG v Commission of the European Communities.

14 It is clear from the Court' s case-law relating to the third paragraph of Article 173 of the EEC Treaty ( judgments of 5 March 1980 in Case 76/79 Koenecke (( 1980 )) ECR 665, and of 5 March 1986 in Case 59/84 Tezi Textiel (( 1986 )) ECR 887 ) that, failing publication or notification, it is for a party who has knowledge of a decision concerning it to request the whole text thereof within a reasonable period but, subject thereto, the period for bringing an action can begin to run only from the moment when the third party concerned acquires precise knowlege of the content of the decision in question and of the reasons on which it is based in such a way as to enable it to exercise its right of action .

1988-07-06

61988CJ0202

French Republic v Commission of the European Communities.

1991-03-19

33 With regard to exclusive importation and marketing rights, it should be borne in mind that, as the Court has consistently held (see, in particular, the judgment in Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, at paragraph 5), the prohibition of measures having an effect equivalent to quantitative restrictions laid down in Article 30 of the Treaty applies to all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade.

61974CJ0008

Procureur du Roi v Benoît and Gustave Dassonville.

5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

1974-07-11

61988CJ0208

Commission of the European Communities v Kingdom of Denmark.

1990-12-06

7 It should be pointed out that, as the Court has consistently held ( see, most recently, the judgment in Case C-158/88 Commission v Ireland [1990] ECR I-2367, paragraph 7 ), in the area in question Member States are left with only the restricted power given to them by the actual provisions of the directive in question . No provision is made in those directives for laying down quantitative limits for goods not expressly referred to in Article 4(1 ) of Directive 69/169 .

61988CJ0158

Commission of the European Communities v Ireland.

7 This argument cannot be accepted . It is clear from the Court' s case-law ( see in particular the judgment of 14 February 1984 in Case 278/82 Rewe II (( 1984 )) ECR 721, paragraph 31 ) that in the area in question Member States are left with only the restricted power given to them by the actual provisions of the directives in question . No provision is made in those directives for any derogation relating to the duration of journeys .

1990-06-12

61998CJ0448

Criminal proceedings against Jean-Pierre Guimont.

2000-12-05

31 However, where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information (Geffroy, paragraph 23).

61998CJ0366

Criminal proceedings against Yannick Geffroy and Casino France SNC.

23 Where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information. It is for the national court to assess whether that is so in the case at issue in the main proceedings. The second part of the question

2000-09-12

61998CJ0464

Westdeutsche Landesbank Girozentrale v Friedrich Stefan and Republik Österreich.

2001-01-11

18 In paragraph 34 of the judgment in Trummer and Mayer, cited above, the Court held that Article 73b of the Treaty precludes the application of national rules requiring a mortgage securing a debt payable in the currency of another Member State to be registered in the national currency.

61997CJ0222

Manfred Trummer and Peter Mayer.

34 In the light of the foregoing considerations, the answer to be given to the national court must be that Article 73b of the Treaty precludes the application of national rules such as those at issue in the main proceedings, requiring a mortgage securing a debt payable in the currency of another Member State to be registered in the national currency.

1999-03-16

61999CJ0030

Commission of the European Communities v Ireland.

2001-06-21

25 According to settled case-law, any measure of the Member States which is capable, directly or indirectly, actually or potentially, of hindering intra-Community trade must be considered to be a measure having equivalent effect to quantitative restrictions (Case 8/74 Dassonville [1974] ECR 837, paragraph 5).

61974CJ0008

Procureur du Roi v Benoît and Gustave Dassonville.

5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

1974-07-11

61999CJ0033

Hassan Fahmi and M. Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank.

2001-03-20

25 The Member States are free to organise their social security systems, in particular by determining the conditions for entitlement to benefits, provided that they do not infringe Community law when exercising that power (see, in particular, Case 1/78 Kenny [1978] ECR 1489, paragraph 16; Case 110/79 Coonan [1980] ECR 1445, paragraph 12; and Case C-120/95 Decker [1998] ECR I-1831, paragraphs 21 to 23).

61995CJ0120

Nicolas Decker v Caisse de maladie des employés privés.

23 As the Advocate General observes in points 17 to 25 of his Opinion, the Member States must nevertheless comply with Community law when exercising those powers.

1998-04-28

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

15 In order to determine whether an action for the annulment of an act will lie under the first paragraph of Article 173 of the Treaty, it must be borne in mind in the first place that, according to the established case-law of the Court, the nature of the act in question must be considered rather than its form and the act must be examined to establish whether it is intended to have legal effects (see the judgment in Case 114/86 United Kingdom v Commission [1988] ECR 5289, at paragraph 12).

61986CJ0114

United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities.

12 In order to determine whether an action for the annulment of the contested act will lie under the first paragraph of Article 173 of the Treaty, it must be borne in mind in the first place that, according to the established case-law of the Court, the nature of the act in question must be considered rather than its form . In particular, an action for annulment may not be brought if the act in question is not intended to have legal effects .

1988-09-27

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

29 It must be borne in mind first of all that, by virtue of the power to determine its own internal organization conferred on it by Articles 25 of the ECSC Treaty, 142 of the EEC Treaty and 112 of the EAEC Treaty, the Parliament is authorized to take appropriate measures to ensure the proper functioning and conduct of its proceedings. However, under the rule imposing mutual duties of sincere cooperation on the Member States and the Community institutions, as embodied in particular in Article 5 of the EEC Treaty, the decisions of the Parliament must have regard to the powers of the Governments of the Member States to determine the seat of the institutions and the provisional decisions already taken in that regard in the meantime (judgment in Case 230/81, cited above, at paragraph 38).

61981CJ0230

Grand Duchy of Luxembourg v European Parliament.

38 FURTHERMORE THE PARLIAMENT IS AUTHORIZED , PURSUANT TO THE POWER TO DETERMINE ITS OWN INTERNAL ORGANIZATION GIVEN TO IT BY ARTICLE 25 OF THE ECSC TREATY , ARTICLE 142 OF THE EEC TREATY AND ARTICLE 112 OF THE EAEC TREATY , TO ADOPT APPROPRIATE MEASURES TO ENSURE THE DUE FUNCTIONING AND CONDUCT OF ITS PROCEEDINGS . HOWEVER , IN ACCORDANCE WITH THE ABOVE-MENTIONED MUTUAL DUTIES OF SINCERE COOPERATION , THE DECISIONS OF THE PARLIAMENT IN TURN MUST HAVE REGARD TO THE POWER OF THE GOVERNMENTS OF THE MEMBER STATES TO DETERMINE THE SEAT OF THE INSTITUTIONS AND TO THE PROVISIONAL DECISIONS TAKEN IN THE MEANTIME .

1983-02-10

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

30 Secondly, it must be remembered that Article 4 of the Decision of 8 April 1965 on the provisional location of certain institutions and departments of the Community (Official Journal 1967 L 152, p. 18) provides that "the General Secretariat of the Assembly and its departments shall remain in Luxembourg". It must also be emphasized that, in the aforesaid judgment, the Court stated that the Parliament must be in a position to maintain in the various places of work outside the place where its Secretariat is established the infrastructure essential for ensuring that it may fulfil in all those places the tasks which are entrusted to it by the Treaties. Within those limits the establishment of such an infrastructure outside the place where the Secretariat is located may therefore be considered compatible with the abovementioned principles governing the respective powers of the Member States and of the Parliament in the matter (judgment in Case 230/81, cited above, at paragraph 54). The Court added, however, that any decision to transfer the Secretariat of the Parliament or the other departments, wholly or partially, de jure or de facto, would constitute a breach of Article 4 of the Decision of 8 April 1965, cited above, and of the assurances which that decision was intended to give to the Grand Duchy of Luxembourg (judgment in Case 230/81, cited above, at paragraph 55).

61981CJ0230

Grand Duchy of Luxembourg v European Parliament.

54 IT FOLLOWS THAT IN THE ABSENCE OF A SEAT OR EVEN A SINGLE PLACE OF WORK , THE PARLIAMENT MUST BE IN A POSITION TO MAINTAIN IN THE VARIOUS PLACES OF WORK OUTSIDE THE PLACE WHERE ITS SECRETARIAT IS ESTABLISHED THE INFRASTRUCTURE ESSENTIAL FOR ENSURING THAT IT MAY FULFIL IN ALL THOSE PLACES THE TASKS WHICH ARE ENTRUSTED TO IT BY THE TREATIES . WITHIN THOSE LIMITS THE ESTABLISHMENT OF SUCH AN INFRASTRUCTURE OUTSIDE THE PLACE WHERE THE SECRETARIAT IS LOCATED MAY THEREFORE BE CONSIDERED COMPATIBLE WITH THE ABOVE-MENTIONED PRINCIPLES GOVERNING THE RESPECTIVE POWERS IN THE MATTER .

1983-02-10

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

30 Secondly, it must be remembered that Article 4 of the Decision of 8 April 1965 on the provisional location of certain institutions and departments of the Community (Official Journal 1967 L 152, p. 18) provides that "the General Secretariat of the Assembly and its departments shall remain in Luxembourg". It must also be emphasized that, in the aforesaid judgment, the Court stated that the Parliament must be in a position to maintain in the various places of work outside the place where its Secretariat is established the infrastructure essential for ensuring that it may fulfil in all those places the tasks which are entrusted to it by the Treaties. Within those limits the establishment of such an infrastructure outside the place where the Secretariat is located may therefore be considered compatible with the abovementioned principles governing the respective powers of the Member States and of the Parliament in the matter (judgment in Case 230/81, cited above, at paragraph 54). The Court added, however, that any decision to transfer the Secretariat of the Parliament or the other departments, wholly or partially, de jure or de facto, would constitute a breach of Article 4 of the Decision of 8 April 1965, cited above, and of the assurances which that decision was intended to give to the Grand Duchy of Luxembourg (judgment in Case 230/81, cited above, at paragraph 55).

61981CJ0230

Grand Duchy of Luxembourg v European Parliament.

55 IT SHOULD NEVERTHELESS BE ADDED THAT THE TRANSFERS OF STAFF MUST NOT EXCEED THE LIMITS MENTIONED ABOVE SINCE ANY DECISION TO TRANSFER THE GENERAL SECRETARIAT OF THE PARLIAMENT OR THE OTHER DEPARTMENTS , WHOLLY OR PARTIALLY , DE JURE OR DE FACTO , WOULD CONSTITUTE A BREACH OF ARTICLE 4 OF THE DECISION OF 8 APRIL 1965 AND OF THE ASSURANCES WHICH THAT DECISION WAS INTENDED TO GIVE TO THE GRAND DUCHY OF LUXEMBOURG PURSUANT TO ARTICLE 37 OF THE AFORESAID TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .

1983-02-10

61999CJ0034

Commissioners of Customs & Excise v Primback Ltd.

2001-05-15

30 Finally, the Court added, in paragraph 17 of Bally, that the method of payment used in the relations between the purchaser and the supplier cannot alter that taxable amount.

61992CJ0018

Chaussures Bally SA v Belgian State, Minister for Finance.

17 It should be added that the method of payment used in the relations between the purchaser and the supplier cannot alter the taxable amount. The payment of the consideration for the delivery of goods may be made, according to Article 11A(1)(a), not only by the purchaser but also by a third party, in this case the organization issuing the card.

1993-05-25

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

44 It must be emphasized that meetings at which the committee takes a decision are public, which means that sufficient places must be available for the public and, if necessary, the representatives of the press. A joint sitting of several parliamentary committees also entails the use of a large room. Recourse to such procedures clearly relates to the internal organization of the work of the Parliament and cannot therefore be the subject of judicial review (judgment in Joined Cases 358/85 and 51/86 France v Parliament [1988] ECR 4821, at paragraph 17).

61985CJ0358

French Republic v European Parliament.

17 In this connection it suffices to point out that the Parliament' s decision to hold in plenary a topical and urgent debate on a motion for a resolution on a given subject relates to the internal organization of its work and cannot, therefore, be the subject of judicial review .

1988-09-22

61988CJ0213

Grand Duchy of Luxemburg v European Parliament.

1991-11-28

54 As regards the staff working for the committees and delegations, it should be remembered that in its earlier judgments the Court established that the practice of the Parliament to hold meetings of committees and political groups in Brussels had never been called in question by any Member State (judgment in Case 230/81, cited above, at paragraph 48). Therefore the Parliament is justified in taking the view that it is essential to have in Brussels the staff necessary for the holding of those meetings.

61981CJ0230

Grand Duchy of Luxembourg v European Parliament.

48 IN THAT RESPECT IT MUST BE OBSERVED THAT THE PRACTICE OF THE PARLIAMENT , DEVELOPED IN THE EXERCISE OF ITS INDEPENDENT POWERS , TO HOLD MEETINGS OF ITS COMMITTEES AND POLITICAL GROUPS IN BRUSSELS HAS NEVER BEEN CALLED IN QUESTION BY ANY MEMBER STATE .

1983-02-10

61988CJ0217

Commission of the European Communities v Federal Republic of Germany.

1990-07-10

10 According to the established case-law of the Court ( see, in particular, the judgment in Case 298/86 Commission v Belgium [1988] ECR 4343, paragraph 10 ), an application brought under Article 169 of the EEC Treaty can be based only on the arguments and submissions already set forth in the reasoned opinion .

61986CJ0298

Commission of the European Communities v Kingdom of Belgium.

10 The Belgian Government' s argument in this respect must be accepted . No complaint as to the range of the scale was made in the formal notice or the reasoned opinion, and the Court has consistently held that the subject-matter of an application under Article 169 of the Treaty is limited to that defined during the pre-litigation procedure provided for by that article . Consequently, the Commission' s reasoned opinion and the application must be based on the same arguments and submissions .

1988-07-14

61988CJ0229

Cargill BV and others v Commission of the European Communities.

1990-03-27

17 It must be borne in mind, as the Court held in its judgment of 21 November 1989 in Case C-244/88 Usines coopératives de déshydration du Vexin and Others v Commission (( 1989 )) ECR 3811, paragraph 12 of the decision, that a regulation suspending advance fixing affects both applications pending when the suspension comes into operation and those lodged during the period of suspension . Similarly, in the present case, the contested regulation affects all the applications for advance fixing lodged during the period of suspension .

61988CJ0244

Usines coopératives de déshydratation du Vexin and others v Commission of the European Communities.

12 It must be emphasized that a regulation suspending advance fixing affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension ( judgment of 25 March 1982 in Case 45/81 Alexander Moksel Import-Export GmbH & Co . Handels KG v Commission (( 1982 )) ECR 1129, paragraph 17; judgment of 27 October 1983 in Case 276/82 Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel (( 1983 )) ECR 3331, paragraph 16 ). In the present case, it was not impossible that applications for certificates with advance fixing might be lodged during the period for which advance fixing was suspended . The fear that a further reduction of the aid might take place in August might have prompted producers to lodge applications for advance fixing at the beginning of July . Moreover, if the Commission' s intention had been, as the applicants claim, to preclude the issue only of certificates for which applications were pending, it could have suspended advance fixing merely from the period from 1 to 5 July instead of suspending it from 1 to 7 July, as it did .

1989-11-21

61988CJ0233

Gijs van de Kolk-Douane Expéditeur BV v Inspecteur der Invoerrechten en Accijnzen.

1990-02-08

12 Those classification criteria comply with the case-law of the Court of Justice according to which, in the interests of legal certainty and ease of verification, goods must be classified on the basis of the objective characteristics and properties of products which can be ascertained when customs clearance is obtained ( see, inter alia, the judgment of 16 December 1976 in Case 38/76 Luma v Hauptzollamt Duisburg (( 1976 )) ECR 2027, paragraph 7 ).

61976CJ0038

Industriemetall Luma GmbH v Hauptzollamt Duisburg.

7 WHILST THE CUSTOMS TARIFF DOES INDEED IN CERTAIN CASES CONTAIN REFERENCES TO MANUFACTURING PROCESSES AND TO THE USE FOR WHICH GOODS ARE INTENDED IT IS GENERALLY PREFERRED , IN THE INTERESTS OF LEGAL CERTAINTY AND EASE OF VERIFICATION , TO EMPLOY CRITERIA FOR CLASSIFICATION BASED ON THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF PRODUCTS WHICH CAN BE ASCERTAINED WHEN CUSTOMS CLEARANCE IS OBTAINED . THE CRITERION DRAWN FROM THE CONTENT OF NON-FERROUS METALS IN IRON AND STEEL PRODUCTS , WHICH CONSTITUTES THE BASIS OF THE CRITERIA ADOPTED BY NOTE 1 ( C ) TO CHAPTER 73 , PERFORMS THAT FUNCTION IN THE PRESENT CASE WITH A VIEW TO FACILITATING THE CLASSIFICATION OF PRODUCTS UNDER THE HEADINGS AND SUBHEADINGS OF THE RELEVANT CHAPTER . IN CONSEQUENCE , WHEN A PRODUCT CAN BE CLASSIFIED UNDER A SPECIFIC TARIFF HEADING ON THE BASIS OF ITS COMPOSITION , THERE IS NO FURTHER POSSIBILITY OF CLASSIFICATION BY ANALOGY WITHIN THE MEANING OF RULE NO 4 OF THE GENERAL RULES FOR THE INTERPRETATION OF THE NOMENCLATURE , SINCE SUCH A CLASSIFICATION CAN ONLY BE CONSIDERED , IN THE WORDS OF RULE 4 , IN RELATION TO GOODS ' NOT FALLING WITHIN ANY HEADING OF THE TARIFF ' .

1976-12-16

61999CJ0043

Ghislain Leclere and Alina Deaconescu v Caisse nationale des prestations familiales.

2001-05-31

57 As stated in paragraph 41 of Meints, the situations referred to in the preceding paragraph correspond to benefits the payment of which is dependent on the prior existence of an employment relationship which has come to an end and is intrinsically linked to the recipients' objective status as workers.

61996CJ0057

H. Meints v Minister van Landbouw, Natuurbeheer en Visserij.

41 A benefit such as that in issue, the payment of which is dependent on the prior existence of an employment relationship which has recently come to an end, meets those conditions, since entitlement to the benefit is intrinsically linked to the recipients' objective status as workers.

1997-11-27

61999CJ0052

Office national des pensions (ONP) v Gioconda Camarotto (C-52/99) and Giuseppina Vignone (C-53/99).

2001-02-22

28 The Court has always accepted that it is compatible with Community law for reasonable limitation periods for bringing proceedings to be laid down in the interests of legal certainty (Case 33/76 Rewe [1976] ECR 1989, paragraph 5, Case 45/76 Comet [1976] ECR 2043, paragraphs 17 and 18, and Case 61/79 Denkavit ltaliana [1980] ECR 1205, paragraph 23).

61976CJ0045

Comet BV v Produktschap voor Siergewassen.

17 THIS DOES NOT APPLY TO THE FIXING OF A REASONABLE PERIOD OF LIMITATION WITHIN WHICH AN ACTION MUST BE BROUGHT .

1976-12-16

61988CJ0233

Gijs van de Kolk-Douane Expéditeur BV v Inspecteur der Invoerrechten en Accijnzen.

1990-02-08

9 As the Court pointed out in its judgment of 19 November 1975 in Case 38/75 Nederlandse Spoorwegen v Inspecteur der Invoerrechten en Accijnzen (( 1975 )) ECR 1439, paragraph 25 ), the Customs Cooperation Council' s interpretation of the Nomenclature is binding on the Community when it reflects the general practice followed by the Member States, unless it is incompatible with the wording of the heading concerned or goes manifestly beyond the discretion conferred on the Customs Cooperation Council .

61975CJ0038

Douaneagent der NV Nederlandse Spoorwegen v Inspecteur der invoerrechten en accijnzen.

25 WHEN, FURTHERMORE, SUCH AN INTERPRETATION REFLECTS THE GENERAL PRACTICE FOLLOWED BY THE CONTRACTING STATES, IT CAN BE SET ASIDE ONLY IF IT APPEARS INCOMPATIBLE WITH THE WORDING OF THE HEADING CONCERNED OR GOES MANIFESTLY BEYOND THE DISCRETION CONFERRED ON THE CUSTOMS COOPERATION COUNCIL .

1975-11-19

61988CJ0236

Commission of the European Communities v French Republic.

1990-07-12

17 Although it is true that the application of those provisions may give rise to practical difficulties, that fact, as already pointed out by the Court in paragraph 12 of its judgment in Case 187/73 Callemeyn v Belgium [1974] ECR 553, paragraph 12, must not prejudice the rights which individuals derive from the principles of the social legislation of the Community . It should be pointed out, moreover, that practical problems may always be referred to the Administrative Commission on Social Security for Migrant Workers, specifically set up for that purpose by Article 81(d ) of Regulation No 1408/71 .

61973CJ0187

Odette Callemeyn v Belgian State.

12 THE DIFFICULTIES THAT MIGHT ARISE FROM THE APPLICATION OF THE COMMUNITY REGULATIONS TO THESE PROVISIONS MUST NOT PREJUDICE THE RIGHTS WHICH THE WORKERS REFERRED TO BY ARTICLE 1 ( A ) OF REGULATION NO 1408/71 DERIVE FROM THE PRINCIPLES OF THE SOCIAL LEGISLATION OF THE COMMUNITY .

1974-05-28

61988CJ0244

Usines coopératives de déshydratation du Vexin and others v Commission of the European Communities.

1989-11-21

12 It must be emphasized that a regulation suspending advance fixing affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension ( judgment of 25 March 1982 in Case 45/81 Alexander Moksel Import-Export GmbH & Co . Handels KG v Commission (( 1982 )) ECR 1129, paragraph 17; judgment of 27 October 1983 in Case 276/82 Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel (( 1983 )) ECR 3331, paragraph 16 ). In the present case, it was not impossible that applications for certificates with advance fixing might be lodged during the period for which advance fixing was suspended . The fear that a further reduction of the aid might take place in August might have prompted producers to lodge applications for advance fixing at the beginning of July . Moreover, if the Commission' s intention had been, as the applicants claim, to preclude the issue only of certificates for which applications were pending, it could have suspended advance fixing merely from the period from 1 to 5 July instead of suspending it from 1 to 7 July, as it did .

61981CJ0045

Alexander Moksel Import-Export GmbH & Co. Handels-KG v Commission of the European Communities.

17 AS THE BASIC REGULATION NO 1504/76 CONSTITUTES A MEASURE OF GENERAL APPLICATION AND CONFERS A RIGHT TO ADVANCE FIXING OF REFUNDS IN THE SECTOR IN QUESTION , IT APPEARS THAT SUCH A RIGHT MAY BE TOTALLY SUSPENDED ONLY BY MEANS OF ANOTHER LEGISLATIVE MEASURE . SINCE ARTICLE 1 OF REGULATION NO 3318/80 CONCERNS BOTH EARLIER APPLICATIONS AND THOSE LODGED DURING THE PERIOD OF SUSPENSION , THE NATURE OF THE CONTESTED MEASURE AS A REGULATION IS NOT CALLED IN QUESTION MERELY BY THE FACT THAT IT MAY BE POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF CERTAIN TRADERS CONCERNED , ESPECIALLY WHERE SUCH A POSSIBILITY BY DEFINITION DID NOT EXIST FOR OTHER TRADERS ALSO COVERED BY REGULATION NO 3318/80 .

1982-03-25

61988CJ0244

Usines coopératives de déshydratation du Vexin and others v Commission of the European Communities.

1989-11-21

12 It must be emphasized that a regulation suspending advance fixing affects both applications which are pending when the suspension takes effect and those which are lodged during the period of suspension ( judgment of 25 March 1982 in Case 45/81 Alexander Moksel Import-Export GmbH & Co . Handels KG v Commission (( 1982 )) ECR 1129, paragraph 17; judgment of 27 October 1983 in Case 276/82 Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel (( 1983 )) ECR 3331, paragraph 16 ). In the present case, it was not impossible that applications for certificates with advance fixing might be lodged during the period for which advance fixing was suspended . The fear that a further reduction of the aid might take place in August might have prompted producers to lodge applications for advance fixing at the beginning of July . Moreover, if the Commission' s intention had been, as the applicants claim, to preclude the issue only of certificates for which applications were pending, it could have suspended advance fixing merely from the period from 1 to 5 July instead of suspending it from 1 to 7 July, as it did .

61982CJ0276

Roomboterfabriek "De beste boter" BV v Produktschap voor Zuivel.

16 CONSEQUENTLY , WHEN A DECISION TO SUSPEND ADVANCE FIXING IS ADOPTED BY THE COMMISSION , AN APPLICATION FOR ADVANCE FIXING SUBMITTED PRIOR TO THE SUSPENSION BUT ON WHICH A DECISION IS TO BE TAKEN DURING THE WAITING PERIOD MUST BE REJECTED IN THE SAME WAY AS APPLICATIONS SUBMITTED DURING THE PERIOD OF SUSPENSION .

1983-10-27

61999CJ0052

Office national des pensions (ONP) v Gioconda Camarotto (C-52/99) and Giuseppina Vignone (C-53/99).

2001-02-22

28 The Court has always accepted that it is compatible with Community law for reasonable limitation periods for bringing proceedings to be laid down in the interests of legal certainty (Case 33/76 Rewe [1976] ECR 1989, paragraph 5, Case 45/76 Comet [1976] ECR 2043, paragraphs 17 and 18, and Case 61/79 Denkavit ltaliana [1980] ECR 1205, paragraph 23).

61976CJ0045

Comet BV v Produktschap voor Siergewassen.

18 THE FIXING , AS REGARDS FISCAL PROCEEDINGS , OF SUCH A PERIOD IS IN FACT AN APPLICATION OF A FUNDAMENTAL PRINCIPLE OF LEGAL CERTAINTY WHICH PROTECTS BOTH THE AUTHORITY CONCERNED AND THE PARTY FROM WHOM PAYMENT IS CLAIMED .

1976-12-16

61999CJ0067

Commission of the European Communities v Ireland.

2001-09-11

23 That rule, however, does not prevent the Commission from setting out its initial complaints in greater detail in its application, on condition that it does not alter the subject-matter of the dispute (see, along these lines, Case C-256/98 Commission v France [2000] ECR I-2487, paragraphs 30 and 31).

61998CJ0256

Commission of the European Communities v French Republic.

30 It should be noted, however, that the amendment goes beyond a mere restatement, albeit in greater detail, of the initial complaints, thereby raising submissions before the Court which were not put forward during the pre-litigation procedure or in the application initiating the proceedings.

2000-04-06

61999CJ0069

Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.

2000-12-07

21 In accordance with the third paragraph of Article 189 of the EC Treaty (now the third paragraph of Article 249 EC), a directive is binding, as to the results to be achieved, upon each Member State to which it is addressed. This obligation entails compliance with the time-limits set by directives (Case 10/76 Commission v Italy [1976] ECR 1359, paragraph 12).

61976CJ0010

Commission of the European Communities v Italian Republic.

12 THE MANDATORY NATURE OF DIRECTIVES ENTAILS THE OBLIGATION FOR ALL MEMBER STATES TO COMPLY WITH THE TIME-LIMITS CONTAINED THEREIN IN ORDER THAT THE IMPLEMENTATION SHALL BE ACHIEVED UNIFORMLY WITHIN THE WHOLE COMMUNITY .

1976-09-22

61988CJ0245

HCM Daalmeijer v Bestuur van de Sociale Verzekeringsbank.

1991-02-21

15 In that regard, it should be borne in mind that, as the Court has consistently held, it is for the legislature of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, which include the conditions governing the cessation of affiliation, provided always that in that connection there is no discrimination between nationals of the host State and nationals of the other Member States (see, inter alia, the judgment of 24 September 1986 in Case 43/86, Sociale Verzekeringsbank v De Rijke [1987] ECR 3611, at paragraph 12).

61986CJ0043

Bestuur van de Sociale Verzekeringsbank v J. A. de Rijke and L. A. C. de Rijke-Van Gent.

12 IT SHOULD BE POINTED OUT FIRST OF ALL THAT, AS THE COURT HELD IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN V INSURANCE OFFICER (( 1980 )) ECR 1445, IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME, PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT HAD ALREADY RECOGNIZED THOSE POWERS OF THE NATIONAL LEGISLATURES IN ITS JUDGMENT OF 12 JULY 1979 IN CASE 266/78 BRUNORI V LANDESVERSICHERUNGSANSTALT RHEINPROVINZ (( 1979 )) ECR 2705, IN WHICH THE COURT HELD THAT THE CONDITIONS OF AFFILIATION INCLUDED THE CONDITIONS GOVERNING THE CESSATION OF AFFILIATION .

1987-09-24

61988CJ0249

Commission of the European Communities v Kingdom of Belgium.

1991-03-19

15 On this specific point, which is the one at issue, the Court has held on several occasions that price control systems applicable to domestic products and imported products alike, although not in themselves constituting measures having an equivalent effect to a quantitative restriction contrary to Article 30 of the Treaty, may nevertheless have such an effect when the prices are fixed at a level such that the sale of imported products becomes either impossible or more difficult than that of domestic products (see in particular the judgment in Case 181/82 Roussel Laboratoria v Netherlands [1983] ECR 3849, paragraph 17).

61982CJ0181

Roussel Laboratoria BV and others v État néerlandais.

17 THE COURT HAS FREQUENTLY HAD OCCASION TO APPLY THOSE PRINCIPLES TO PRICE CONTROL SYSTEMS APPLICABLE TO DOMESTIC PRODUCTS AND IMPORTED PRODUCTS ALIKE ( SEE JUDGMENTS OF 26 FEBRUARY 1976 IN CASE 62/75 TASCA ( 1976 ) ECR 291 AND IN JOINED CASES 88 TO 90/75 SADAM ( 1976 ) ECR 323 ; JUDGMENT OF 24 JANUARY 1978 IN CASE 82/77 VAN TIGGELE ( 1978 ) ECR 25 ; JUDGMENT OF 6 NOVEMBER 1979 IN JOINED CASES 16-20/79 DANIS ( 1979 ) ECR 3277 ). THE COURT HAS HELD THAT ALTHOUGH SUCH SYSTEMS DO NOT IN THEMSELVES CONSTITUTE MEASURES HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION , THEY MAY HAVE SUCH AN EFFECT WHEN THE PRICES ARE FIXED AT A LEVEL SUCH THAT THE SALE OF IMPORTED PRODUCTS BECOMES EITHER IMPOSSIBLE OR MORE DIFFICULT THAN THAT OF DOMESTIC PRODUCTS .

1983-11-29

61988CJ0249

Commission of the European Communities v Kingdom of Belgium.

1991-03-19

7 As is stated in Article 2(3)(c), (d) and (e) of Commission Directive 70/50/EEC of 22 December 1969, based on the provisions of Article 33(7) of the EEC Treaty, on the abolition of measures which have an effect equivalent to quantitative restrictions on imports and are not covered by other provisions adopted in pursuance of the EEC Treaty (Official Journal English Special Edition 1970 (I), p. 17), Article 30 of the Treaty precludes, inter alia, national price controls which fix price components differently for domestic products and for imported products, to the detriment of the latter, preclude any increase in the price of the imported product corresponding to the supplementary costs and charges inherent in importation, or fix the prices of products solely on the basis of the cost price or the quality of domestic products at such a level as to create a hindrance to importation. That interpretation of Article 30 has been confirmed by the well-established case-law of the Court and, in particular, by the judgment in Case 56/87 Commission v Italy [1988] ECR 2919, paragraphs 6 and 7.

61987CJ0056

Commission of the European Communities v Italian Republic.

6 As is indicated in Article 2 ( 3 ) ( c ) to ( e ) of Commission Directive 70/50/EEC of 22 December 1969, based on the provisions of Article 33 ( 7 ), on the abolition of measures which have an effect equivalent to quantitative restrictions on imports and are not covered by other provisions adopted in pursuance of the EEC Treaty ( Official Journal, English Special Edition 1970 ( I ), p . 17 ), Article 30 of the Treaty precludes national price control schemes in so far as such schemes fix price components differently for domestic and imported products, to the detriment of the latter, preclude any increase in the price of the imported product corresponding to the supplementary costs and charges inherent in importation or fix the prices of products solely on the basis of the cost price or the quality of domestic products at such a level as to create a hinderance to importation .

1988-06-09

61999CJ0079

Julia Schnorbus v Land Hessen.

2000-12-07

33 According to the criteria established by the case-law of the Court, only provisions which apply differently according to the sex of the persons concerned can be regarded as constituting discrimination directly based on sex (see, in particular, Case C-249/96 Grant v South-West Trains [1998] ECR I-621, paragraph 28).

61996CJ0249

Lisa Jacqueline Grant v South-West Trains Ltd.

28 Since the condition imposed by the undertaking's regulations applies in the same way to female and male workers, it cannot be regarded as constituting discrimination directly based on sex.

1998-02-17

61999CJ0107

Italian Republic v Commission of the European Communities.

2002-01-30

29 It follows that Ireland, as intervener, had no standing to raise a plea of inadmissibility and the Court is thus not bound to adjudicate on such a plea (see Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 20 to 22, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraph 12).

61991CJ0225

Matra SA v Commission of the European Communities.

12 It follows that the interveners have no standing to raise a plea of inadmissibility and the Court is thus not obliged to examine the pleas put forward by them (see the judgment in Case C-313/90 CIRFS v Commission [1993] ECR I-1125).

1993-06-15

61999CJ0107

Italian Republic v Commission of the European Communities.

2002-01-30

29 It follows that Ireland, as intervener, had no standing to raise a plea of inadmissibility and the Court is thus not bound to adjudicate on such a plea (see Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 20 to 22, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraph 12).

61990CJ0313

Comité International de la Rayonne et des Fibres Synthétiques and others v Commission of the European Communities.

22 It follows that the interveners were not entitled to raise the objection of inadmissibility, and that the Court is therefore not bound to consider the pleas on which they rely.

1993-03-24

61988CJ0249

Commission of the European Communities v Kingdom of Belgium.

1991-03-19

7 As is stated in Article 2(3)(c), (d) and (e) of Commission Directive 70/50/EEC of 22 December 1969, based on the provisions of Article 33(7) of the EEC Treaty, on the abolition of measures which have an effect equivalent to quantitative restrictions on imports and are not covered by other provisions adopted in pursuance of the EEC Treaty (Official Journal English Special Edition 1970 (I), p. 17), Article 30 of the Treaty precludes, inter alia, national price controls which fix price components differently for domestic products and for imported products, to the detriment of the latter, preclude any increase in the price of the imported product corresponding to the supplementary costs and charges inherent in importation, or fix the prices of products solely on the basis of the cost price or the quality of domestic products at such a level as to create a hindrance to importation. That interpretation of Article 30 has been confirmed by the well-established case-law of the Court and, in particular, by the judgment in Case 56/87 Commission v Italy [1988] ECR 2919, paragraphs 6 and 7.

61987CJ0056

Commission of the European Communities v Italian Republic.

7 That interpretation of Article 30 has been confirmed in a consistent line of decided cases, in particular, by the judgment of 29 November 1983 in Case 181/82 Roussel Laboratoria BV and Others v Netherlands (( 1983 )) ECR 3849 and the judgment of 29 January 1985 in Case 231/83 Cullet v Leclerc (( 1985 )) ECR 305 .

1988-06-09

61988CJ0249

Commission of the European Communities v Kingdom of Belgium.

1991-03-19

9 However, the decree in question includes other criteria which concern all undertakings without distinction and certain criteria, such as the "ex-producer or ex-importer price components", "cost of the factors of production, importation or distribution", "selling costs", which enable in particular account to be taken of the specific cost components of imported pharmaceutical products (judgment in Case C-347/88 Commission v Greece [1990] ECR I-4747, paragraph 73).

61988CJ0347

Commission of the European Communities v Hellenic Republic.

73 In that regard it must be observed that the Greek rules relating to the system of maximum consumer prices for petroleum products provide for account to be taken, in the context of the machinery for fixing prices, of numerous factors relating both to imported and to domestic products .

1990-12-13

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

11 The Court has consistently held ( see, in particular, its judgment of 31 March 1981 in Case 96/80 Jenkins v Kingsgate (( 1981 )) ECR 911, paragraph 22 ) that the first of those two directives, which is designed principally to facilitate the application of the principle of equal pay outlined in Article 119 of the Treaty, in no way alters the content or scope of that principle as defined in the latter provision . It is therefore appropriate to consider, in the first place, whether Article 119 applies in circumstances such as those of this case .

61980CJ0096

J.P. Jenkins v Kingsgate (Clothing Productions) Ltd.

22 IT FOLLOWS , THEREFORE , THAT ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .

1981-03-31

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

12 As the Court has held, the concept of pay, within the meaning of the second paragraph of Article 119, comprises any other consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer ( see, in particular, the judgment of 9 February 1982 in Case 12/81 Garland v British Rail Engineering (( 1982 )) ECR 359, paragraph 5 ). Accordingly, the fact that certain benefits are paid after the termination of the employment relationship does not prevent them from being in the nature of pay, within the meaning of Article 119 of the Treaty .

61981CJ0012

Eileen Garland v British Rail Engineering Limited.

5 IT IS IMPORTANT TO NOTE IN THIS REGARD THAT IN PARAGRAPH 6 OF ITS JUDGMENT OF 25 MAY 1971 IN CASE 80/70 DEFRENNE ( 1971 ) ECR 445 , AT P . 451 , THE COURT STATED THAT THE CONCEPT OF PAY CONTAINED IN THE SECOND PARAGRAPH OF ARTICLE 119 COMPRISES ANY OTHER CONSIDERATION , WHETHER IN CASH OR IN KIND , WHETHER IMMEDIATE OR FUTURE , PROVIDED THAT THE WORKER RECEIVES IT , ALBEIT INDIRECTLY , IN RESPECT OF HIS EMPLOYMENT FROM HIS EMPLOYER .

1982-02-09

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

17 In the case of statutory redundancy payments it must be borne in mind that, as the Court held in its judgment of 8 April 1976 in Case 43/75 Defrenne v Sabena (( 1976 )) ECR 455, paragraph 40, Article 119 of the Treaty also applies to discrimination arising directly from legislative provisions . This means that benefits provided for by law may come within the concept of pay for the purposes of that provision .

61975CJ0043

Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.

40 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT THE PRINCIPLE OF EQUAL PAY CONTAINED IN ARTICLE 119 MAY BE RELIED UPON BEFORE THE NATIONAL COURTS AND THAT THESE COURTS HAVE A DUTY TO ENSURE THE PROTECTION OF THE RIGHTS WHICH THIS PROVISION VESTS IN INDIVIDUALS , IN PARTICULAR AS REGARDS THOSE TYPES OF DISCRIMINATION ARISING DIRECTLY FROM LEGISLATIVE PROVISIONS OR COLLECTIVE LABOUR AGREEMENTS , AS WELL AS IN CASES IN WHICH MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK WHICH IS CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , WHETHER PRIVATE OR PUBLIC . THE SECOND QUESTION ( IMPLEMENTATION OF ARTICLE 119 AND POWERS OF THE COMMUNITY AND OF THE MEMBER STATES )

1976-04-08

61999CJ0113

Herta Schmid, acting as insolvency administrator for P.P. Handels GmbH, in liquidation v Finanzlandesdirektion für Wien, Niederösterreich und Burgenland.

2001-01-18

24 Finally, it should be noted that, according to its title, the directive concerns only indirect taxes on the raising of capital and that, in accordance with the Court's case-law, the harmonisation provided for by Directive 69/335 does not extend to direct taxes, such as corporation tax, which are a matter for the Member States themselves (Case C-287/94 Frederiksen v Skatteministeriet [1996] ECR I-4581, paragraphs 17 and 21).

61994CJ0287

A/S Richard Frederiksen & Co. v Skatteministeriet.

17 According to its title, the directive concerns "indirect taxes on the raising of capital".

1996-09-26

61999CJ0127

Commission of the European Communities v Italian Republic.

2001-11-08

45 That argument must be rejected. It must be observed that Member States may not plead their late implementation of a directive as justification for failure to fulfil, or late fulfilment of, other obligations imposed by the directive (see Case C-274/98 Commission v Spain [2000] ECR I-2823, paragraph 22).

61998CJ0274

Commission of the European Communities v Kingdom of Spain.

22 To that, it must be observed that Member States may not plead their late implementation of the directive as justification for failure to fulfil, or late fulfilment of, other obligations imposed by the directive (see, to that effect, Case C-431/92 Commission v Germany [1995] ECR I-2189, paragraph 23).

2000-04-13

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

22 It must be pointed out in that regard that, in its judgment of 25 May 1971 in Case 80/70 Defrenne v Belgium (( 1971 )) ECR 445, paragraphs 7 and 8, the Court stated that consideration in the nature of social security benefits is not in principle alien to the concept of pay . However, the Court pointed out that this concept, as defined in Article 119, cannot encompass social security schemes or benefits, in particular retirement pensions, directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are compulsorily applicable to general categories of workers .

61970CJ0080

Gabrielle Defrenne v Belgian State.

7 ALTHOUGH CONSIDERATION IN THE NATURE OF SOCIAL SECURITY BENEFITS IS NOT THEREFORE IN PRINCIPLE ALIEN TO THE CONCEPT OF PAY, THERE CANNOT BE BROUGHT WITHIN THIS CONCEPT, AS DEFINED IN ARTICLE 119, SOCIAL SECURITY SCHEMES OR BENEFITS, IN PARTICULAR RETIREMENT PENSIONS, DIRECTLY GOVERNED BY LEGISLATION WITHOUT ANY ELEMENT OF AGREEMENT WITHIN THE UNDERTAKING OR THE OCCUPATIONAL BRANCH CONCERNED, WHICH ARE OBLIGATORILY APPLICABLE TO GENERAL CATEGORIES OF WORKERS .

1971-05-25

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

22 It must be pointed out in that regard that, in its judgment of 25 May 1971 in Case 80/70 Defrenne v Belgium (( 1971 )) ECR 445, paragraphs 7 and 8, the Court stated that consideration in the nature of social security benefits is not in principle alien to the concept of pay . However, the Court pointed out that this concept, as defined in Article 119, cannot encompass social security schemes or benefits, in particular retirement pensions, directly governed by legislation without any element of agreement within the undertaking or the occupational branch concerned, which are compulsorily applicable to general categories of workers .

61970CJ0080

Gabrielle Defrenne v Belgian State.

8 THESE SCHEMES ASSURE FOR THE WORKERS THE BENEFIT OF A LEGAL SCHEME, THE FINANCING OF WHICH WORKERS, EMPLOYERS AND POSSIBLY THE PUBLIC AUTHORITIES CONTRIBUTE IN A MEASURE DETERMINED LESS BY THE EMPLOYMENT RELATIONSHIP BETWEEN THE EMPLOYER AND THE WORKER THAN BY CONSIDERATIONS OF SOCIAL POLICY .

1971-05-25

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

33 As regards the second of those questions, it is appropriate to refer to the judgments of 30 June 1988 in Case 318/86 Commission v France (( 1988 )) ECR 3559, paragraph 27 and of 17 October 1989 in Case 109/88 Handels - og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss (( 1989 )) ECR 3199, paragraph 12, in which the Court emphasized the fundamental importance of transparency and, in particular, of the possibility of a review by the national courts, in order to prevent and, if necessary, eliminate any discrimination based on sex .

61988CJ0109

Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss.

12 In that respect it must first be borne in mind that in its judgment of 30 June 1988 in Case 318/86 Commission v France (( 1988 )) ECR 3559, paragraph 27, the Court condemned a system of recruitment, characterized by a lack of transparency, as being contrary to the principle of equal access to employment on the ground that the lack of transparency prevented any form of supervision by the national courts .

1989-10-17

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

33 As regards the second of those questions, it is appropriate to refer to the judgments of 30 June 1988 in Case 318/86 Commission v France (( 1988 )) ECR 3559, paragraph 27 and of 17 October 1989 in Case 109/88 Handels - og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss (( 1989 )) ECR 3199, paragraph 12, in which the Court emphasized the fundamental importance of transparency and, in particular, of the possibility of a review by the national courts, in order to prevent and, if necessary, eliminate any discrimination based on sex .

61986CJ0318

Commission of the European Communities v French Republic.

27 This lack of transparency also has consequences for compliance with the second requirement laid down by the directive, which relates to the activities involved . The contested system of recruitment makes it impossible to exercise any form of supervision, not only by the Commission and the courts but also by persons adversely affected by discriminatory measures, in order to verify whether the percentages fixed for the the recruitment of each sex actually correspond to specific activities for which the sex of the persons to be employed constitutes a determining factor within the meaning of Article 2 ( 2 ) of the directive .

1988-06-30

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

17 ACCORDING TO THE THIRD PARAGRAPH OF ARTICLE 189 OF THE TREATY , ' ' A DIRECTIVE SHALL BE BINDING , AS TO THE RESULT TO BE ACHIEVED , UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT SHALL LEAVE TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS . ' '

1982-01-19

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

18 IT IS CLEAR FROM THAT PROVISION THAT STATES TO WHICH A DIRECTIVE IS ADDRESSED ARE UNDER AN OBLIGATION TO ACHIEVE A RESULT , WHICH MUST BE FULFILLED BEFORE THE EXPIRY OF THE PERIOD LAID DOWN BY THE DIRECTIVE ITSELF .

1982-01-19

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

19 IT FOLLOWS THAT WHEREVER A DIRECTIVE IS CORRECTLY IMPLEMENTED , ITS EFFECTS EXTEND TO INDIVIDUALS THROUGH THE MEDIUM OF THE IMPLEMENTING MEASURES ADOPTED BY THE MEMBER STATE CONCERNED ( JUDGMENT OF 6 MAY 1980 IN CASE 102/79 COMMISSION V BELGIUM ( 1980 ) ECR 1473 ).

1982-01-19

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

20 HOWEVER , SPECIAL PROBLEMS ARISE WHERE A MEMBER STATE HAS FAILED TO IMPLEMENT A DIRECTIVE CORRECTLY AND , MORE PARTICULARLY , WHERE THE PROVISIONS OF THE DIRECTIVE HAVE NOT BEEN IMPLEMENTED BY THE END OF THE PERIOD PRESCRIBED FOR THAT PURPOSE .

1982-01-19

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

1990-05-17

37 In view of the answer given to the first question, it is unnecessary to discuss the effects of the directive on equal pay . As for Article 119, it is appropriate to refer to the established case-law, which was reviewed by the Court in particular in its judgment of 31 March 1981 in Case 96/80 Jenkins, cited above, paragraph 17, and according to which that provision applies directly to all forms of discrimination which may be identified solely with the aid of the criteria of equal work and equal pay referred to by the article in question, without national or Community measures being required to define them with greater precision in order to permit their application .

61980CJ0096

J.P. Jenkins v Kingsgate (Clothing Productions) Ltd.

17 AS THE COURT HAS STATED IN PREVIOUS DECISIONS ( JUDGMENT OF 8 APRIL 1976 IN CASE 43/75 , DEFRENNE ( 1976 ) ECR 455 ; JUDGMENT OF 27 MARCH 1980 IN CASE 129/79 , WENDY SMITH ( 1980 ) ECR 1275 AND JUDGMENT OF 11 MARCH 1981 IN CASE 69/80 , WORRINGHAM ), ARTICLE 119 OF THE TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUIRED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION . AMONG THE FORMS OF DISCRIMI- NATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED , THE COURT MENTIONED IN PARTICULAR CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , PUBLIC OR PRIVATE .

1981-03-31

61988CJ0265

Criminal proceedings against Lothar Messner.

1989-12-12

8 The Court accordingly concluded that such an obligation could not in itself be regarded as an infringement of the rules concerning freedom of movement for persons . It pointed out, however, that such an infringement might result from legal formalities if those formalities were designed in such a way that they restricted the freedom of movement required by the Treaty or limited the right conferred on nationals of the Member States to enter and reside in the territory of any other Member State for the purposes intended by Community law ( paragraph 18 of the judgment in Watson and Belmann, cited above ).

61975CJ0118

Lynne Watson and Alessandro Belmann.

18 UNDER THE TERMS OF ARTICLE 8 ( 2 ) OF DIRECTIVE NO 68/360 AND ARTICLE 4 ( 2 ) OF DIRECTIVE NO 73/148 , THE COMPETENT AUTHORITIES IN THE MEMBER STATES MAY REQUIRE NATIONALS OF THE OTHER MEMBER STATES TO REPORT THEIR PRESENCE TO THE AUTHORITIES OF THE STATE CONCERNED . SUCH AN OBLIGATION COULD NOT IN ITSELF BE REGARDED AS AN INFRINGEMENT OF THE RULES CONCERNING FREEDOM OF MOVEMENT FOR PERSONS . HOWEVER , SUCH AN INFRINGEMENT MIGHT RESULT FROM THE LEGAL FORMALITIES IN QUESTION IF THE CONTROL PROCEDURES TO WHICH THEY REFER WERE SUCH AS TO RESTRICT THE FREEDOM OF MOVEMENT REQUIRED BY THE TREATY OR TO LIMIT THE RIGHT CONFERRED BY THE TREATY ON NATIONALS OF THE MEMBER STATES TO ENTER AND RESIDE IN THE TERRITORY OF ANY OTHER MEMBER STATE FOR THE PURPOSES INTENDED BY COMMUNITY LAW .

1976-07-07

61988CJ0267

Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others.

1990-02-21

13 As the Court has consistently held, the prohibition of discrimination laid down in Article 40(3 ) of the Treaty is merely a specific enunciation of the general principle of equality which is one of the fundamental principles of Community law . That principle precludes comparable situations from being treated in a different manner unless the difference in treatment is objectively justified ( see the judgments of 25 November 1986 in Joined Cases 201 and 202/85 Klensch (( 1986 )) ECR 3477, paragraph 9, and of 17 May 1988 in Case 84/87 Erpelding (( 1988 )) ECR 2647, paragraph 29 ).

61987CJ0084

Marcel Erpelding v Secrétaire d'État à l'Agriculture et à la Viticulture.

29 For the same reasons it cannot be held that there has been any discrimination between producers within the Community, which is prohibited by Article 40 ( 3 ) of the Treaty . The Court has consistently held that that provision, as a specific expression of the general principle of equality, precludes comparable situations from being treated in a different manner unless the difference in treatment is objectively justified .

1988-05-17

61988CJ0267

Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others.

1990-02-21

14 However, with regard to judicial review of compliance with the conditions for implementing that prohibition, it must be stated that, in matters concerning the common agricultural policy, the Community legislature has a broad discretion which corresponds to the political responsibilities imposed upon it by Articles 40 and 43 of the Treaty ( see the judgment of 11 July 1989 in Case 265/87 Schraeder (( 1989 )) ECR 2237, paragraph 22 ). More specifically, where the Community legislature is obliged, in connection with the adoption of rules, to assess their future effects, which cannot be accurately foreseen, its assessment is open to criticism only if it appears manifestly incorrect in the light of the information available to it at the time of the adoption of the rules in question .

61987CJ0265

Hermann Schräder HS Kraftfutter GmbH & Co. KG v Hauptzollamt Gronau.

22 However, with regard to judicial review of compliance with the abovementioned conditions, it must be stated that, in matters concerning the common agricultural policy, the Community legislator has a discretionary power which corresponds to the political responsibilities imposed by Articles 40 and 43 . Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution intends to pursue ( see in particular the judgment in Case 179/84 Bozzetti v Invernizzi (( 1985 )) ECR 2301 ).

1989-07-11

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

22 IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT WHICH ARTICLE 189 ASCRIBES TO DIRECTIVES TO EXCLUDE IN PRINCIPLE THE POSSIBILITY OF THE OBLIGATIONS IMPOSED BY THEM BEING RELIED ON BY PERSONS CONCERNED .

1982-01-19

61999CJ0150

Svenska staten (Swedish State) v Stockholm Lindöpark AB and Stockholm Lindöpark AB v Svenska staten (Swedish State).

2001-01-18

30 In order to answer that question, it is sufficient to refer to the Court's well-established case-law on the circumstances in which a directive may be relied on (see Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraphs 17 to 25).

61981CJ0008

Ursula Becker v Finanzamt Münster-Innenstadt.

24 CONSEQUENTLY , A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS .

1982-01-19

61988CJ0267

Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others.

1990-02-21

8 As the Court stated in its judgment of 28 April 1988 in Case 61/87 Thevenot (( 1988 )) ECR 2375, paragraphs 11 and 12, those rules provide in essence that, in the context of Formula A, the levy is payable by the milk producer on the quantities of milk or milk equivalent which he has delivered to a purchaser and which for the 12 months concerned exceed a reference quantity attributed to him . On the other hand, in the context of Formula B, producers may take advantage within the 12 months concerned of individual reference quantities not used by other producers affiliated to the same dairy subject to those quantities being transferred to the national reserve of the Member State concerned in the cases provided for under the rules . Consequently, in the context of Formula B, the levy is not due when the increase in the deliveries made by an affiliated producer to a dairy is compensated for by a corresponding decrease in the deliveries of other producers affiliated to the same dairy, so that the total quantity purchased by the dairy remains within the limits of its reference quantity .

61987CJ0061

André Thevenot and others v Centrale laitière de Franche-Comté.

11 PAR CONSEQUENT, DANS LE CADRE DE LA FORMULE B, LE PRELEVEMENT N' EST PAS DU LORSQUE L' AUGMENTATION DES LIVRAISONS D' UN PRODUCTEUR AFFILIE A UNE LAITERIE EST COMPENSEE PAR UNE DIMINUTION CORRESPONDANTE DES LIVRAISONS D' AUTRES PRODUCTEURS AFFILIES A LA MEME LAITERIE, DE TELLE SORTE QUE LE TOTAL DES QUANTITES ACHETEES PAR CELLE-CI RESTE DANS LES LIMITES DE SA QUANTITE DE REFERENCE . LA PERCEPTION DU PRELEVEMENT SE RATTACHE DONC, DANS LE CADRE DE CETTE FORMULE, A LA QUANTITE DE REFERENCE DE LA LAITERIE, DONT LE DEPASSEMENT CONSTITUE LE FAIT GENERATEUR DE CETTE CHARGE, ALORS QUE LA QUANTITE INDIVIDUELLE DES PRODUCTEURS N' EST PRISE EN CONSIDERATION QU' AUX SEULES FINS DE LA REPERCUSSION DU PRELEVEMENT ACQUITTE SUR CES DERNIERS .

1988-04-28

61988CJ0267

Gustave Wuidart and others v Laiterie coopérative eupenoise société coopérative and others.

1990-02-21

8 As the Court stated in its judgment of 28 April 1988 in Case 61/87 Thevenot (( 1988 )) ECR 2375, paragraphs 11 and 12, those rules provide in essence that, in the context of Formula A, the levy is payable by the milk producer on the quantities of milk or milk equivalent which he has delivered to a purchaser and which for the 12 months concerned exceed a reference quantity attributed to him . On the other hand, in the context of Formula B, producers may take advantage within the 12 months concerned of individual reference quantities not used by other producers affiliated to the same dairy subject to those quantities being transferred to the national reserve of the Member State concerned in the cases provided for under the rules . Consequently, in the context of Formula B, the levy is not due when the increase in the deliveries made by an affiliated producer to a dairy is compensated for by a corresponding decrease in the deliveries of other producers affiliated to the same dairy, so that the total quantity purchased by the dairy remains within the limits of its reference quantity .

61987CJ0061

André Thevenot and others v Centrale laitière de Franche-Comté.

12 CETTE INTERPRETATION EST CORROBOREE PAR LE RAPPROCHEMENT DES DISPOSITIONS PRECITEES AVEC LES REGLES RELATIVES A L' APPLICATION DE LA FORMULE A, CONTENUES, ELLES AUSSI, A L' ARTICLE 5 QUATER, PARAGRAPHE 1, DU REGLEMENT N* 804/68, TEL QUE MODIFIE . CES REGLES PREVOIENT EN SUBSTANCE QUE, DANS LE CADRE DE LA FORMULE A, LE PRELEVEMENT EST DU PAR LE PRODUCTEUR DE LAIT SUR LES QUANTITES DE LAIT, OU D' EQUIVALENT LAIT, QU' IL A LIVREES A UN ACHETEUR ET QUI, PENDANT LA PERIODE DE DOUZE MOIS EN CAUSE, DEPASSENT LA QUANTITE DE REFERENCE QUI LUI A ETE ATTRIBUEE . EN REVANCHE, DANS LE CADRE DE LA FORMULE B, LES PRODUCTEURS PEUVENT BENEFICIER, A L' INTERIEUR DE LA PERIODE DE DOUZE MOIS EN CAUSE, DES QUANTITES DE REFERENCE INDIVIDUELLES NON UTILISEES PAR D' AUTRES PRODUCTEURS AFFILIES A LA MEME LAITERIE, SOUS RESERVE DE L' ATTRIBUTION DE CES QUANTITES A LA RESERVE NATIONALE DE L' ETAT MEMBRE CONCERNE DANS LES CAS PREVUS PAR LA REGLEMENTATION .

1988-04-28

61988CJ0295

SA Nicolas Corman & Fils v Belgian State and Grand Duchy of Luxembourg.

1990-01-18

30 However, as was held in the judgment of 4 July 1978 in Milchfutter ( paragraph 11 ), the purpose of that reference was merely to link the payment of monetary compensatory amounts to the other operations carried out in trade with non-member countries at the frontier pursuant to the customs tariff and the agricultural rules .

61978CJ0005

Milchfutter GmbH & Co. KG v Hauptzollamt de Gronau.

11NOR , FINALLY , CAN ANY ARGUMENT BE DERIVED FROM THE PROVISIONS AND STRUCTURE OF COMMISSION REGULATION NO 1463/73 OF 30 MAY 1973 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS ( OFFICIAL JOURNAL L 146 , P . 1 ) SINCE THAT REGULATION , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6 OF REGULATION NO 974/71 ON WHICH IT IS BASED , PRINCIPALLY LAYS DOWN THE DETAILED FINANCIAL AND ADMINISTRATIVE RULES FOR THE APPLICATION OF THE SYSTEM OF COMPENSATORY AMOUNTS . IN THOSE CIRCUMSTANCES THAT REGULATION WAS NOT REQUIRED TO RESTATE THE PROVISIONS OF ARTICLE 1 OF REGULATION NO 974/71 WITH REGARD TO THE DETERMINATION OF THE PRODUCTS SUBJECT TO MONETARY COMPENSATORY AMOUNTS AND THEIR CLASSIFICATION IN THE HEADINGS OF THE COMMON CUSTOMS TARIFF . THUS IT APPEARS THAT THE PURPOSE OF ARTICLE 6 OF REGULATION NO 1463/73 ON WHICH THE PLAINTIFF IN THE MAIN ACTION RELIES IS MERELY TO LINK THE PAYMENT OF MONETARY COMPENSATORY AMOUNTS TO THE OTHER OPERATIONS CARRIED OUT IN TRADE WITH THIRD COUNTRIES AT THE FRONTIER PURSUANT TO THE CUSTOMS TARIFF AND THE AGRICULTURAL RULES , WHILE ARTICLES 7 TO 15 PROVIDE , IN RESPECT OF INTRA- COMMUNITY TRADE , A CERTAIN NUMBER OF SPECIFIC PROVISIONS OF A FINANCIAL OR ADMINISTRATIVE NATURE WHICH HAVE NO BEARING ON THE CLASSIFICATION OF GOODS FOR THE PURPOSE OF THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS . CONSEQUENTLY , NO ARGUMENT MAY BE DERIVED FROM AN ALLEGED INSUFFICIENCY IN REGULATION NO 1463/73 AS , BY VIRTUE OF THE REFERENCE BY ARTICLE 1 OF THE BASIC REGULATION NO 974/71 TO THE COMMON ORGANIZATIONS OF THE MARKET AND THE REFERENCE BY THE LATTER TO THE HEADINGS OF THE COMMON CUSTOMS TARIFF , A COMPLETE LEGAL FRAMEWORK IS ESTABLISHED WHICH ENABLES THE CLASSIFICATION OF GOODS FOR THE PURPOSES OF THE APPLICATION OF MONETARY COMPENSATORY AMOUNTS TO BE DETERMINED .

1978-07-04

61999CJ0164

Portugaia Construções Ldª.

2002-01-24

20 Overriding reasons relating to the public interest which have been recognised by the Court include the protection of workers (see, in particular, Webb, paragraph 19, Arblade and Others, paragraph 36, and Mazzoleni and ISA, paragraph 27).

61998CJ0165

Criminal proceedings against André Mazzoleni and Inter Surveillance Assistance SARL, as the party civilly liable, third parties: Eric Guillaume and Others.

27 The overriding reasons relating to the public interest which have been recognised by the Court include the protection of workers (see, in particular, Webb, paragraph 19; and Arblade, paragraph 36).

2001-03-15

61999CJ0164

Portugaia Construções Ldª.

2002-01-24

23 However, there may be circumstances in which the application of such rules would not be in conformity with Articles 59 and 60 of the Treaty (see, to this effect, Mazzoleni and ISA, paragraph 30).

61998CJ0165

Criminal proceedings against André Mazzoleni and Inter Surveillance Assistance SARL, as the party civilly liable, third parties: Eric Guillaume and Others.

30 However, there may be circumstances in which the application of such rules would be neither necessary nor proportionate to the objective pursued, namely the protection of the workers concerned.

2001-03-15

61988CJ0297

Massam Dzodzi v Belgian State.

1990-10-18

18 It must be observed that the circumstances relied upon by the Commission and the Belgian State in order to show that the situation is a purely internal one relate to the substance of the questions submitted by the national courts . Consequently, whilst they may be relevant for the purpose of answering those questions, they are not relevant in determining whether the Court has jurisdiction to rule on the requests for preliminary rulings ( judgment in Case 180/83 Moser v Land Baden-Wuerttemberg [1984] ECR 2539, paragraph 10 ).

61983CJ0180

Hans Moser v Land Baden-Württemberg.

10 IT MUST HOWEVER BE STATED THAT THE CIRCUMSTANCES RELIED UPON BY THE GERMAN GOVERNMENT RELATE TO THE SUBSTANCE OF THE QUESTIONS SUBMITTED BY THE NATIONAL COURT . CONSEQUENTLY , WHILST THEY MAY BE RELEVANT TO AN ANSWER TO THOSE QUESTIONS , THEY ARE NOT RELEVANT IN DETERMINING WHETHER THE COURT HAS JURISDICTION TO RULE ON THE REQUEST FOR A PRELIMINARY RULING .

1984-06-28

61988CJ0297

Massam Dzodzi v Belgian State.

1990-10-18

23 As the Court has previously held, however, Community legislation on the free movement of workers does not apply to cases which have no factor linking them with any of the situations governed by Community law ( judgment in Joined Cases 35 and 36/82 Morson and Jhanjan v Netherlands [1982] ECR 3723, paragraph 16 ).

61982CJ0035

Elestina Esselina Christina Morson v State of the Netherlands and Head of the Plaatselijke Politie within the meaning of the Vreemdelingenwet; Sweradjie Jhanjan v State of the Netherlands.

16 IT FOLLOWS THAT THE TREATY PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS AND THE RULES ADOPTED TO IMPLEMENT THEM CANNOT BE APPLIED TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW .

1982-10-27

61988CJ0297

Massam Dzodzi v Belgian State.

1990-10-18

58 That provision defines the decisions referred to by the directive as "acts of the administration" and imposes upon the Member States the obligation to make available to any person affected by such acts the same legal remedies as are available to nationals in respect of acts of the administration . Accordingly, a Member State cannot, without being in breach of the obligation imposed by Article 8, organize, for persons covered by the directive, legal remedies governed by special procedures affording lesser safeguards than those pertaining to remedies available to nationals in respect of acts of the administration ( judgment in Case 98/79 Pecastaing v Belgium [1980] ECR 691, paragraph 10 ).

61979CJ0098

Josette Pecastaing v Belgian State.

10 THAT PROVISION DEFINES THE DECISIONS REFERRED TO BY THE DIRECTIVE AS ' ' ACTS OF THE ADMINISTRATION ' ' AND IMPOSES UPON THE MEMBER STATES THE OBLIGATION TO MAKE AVAILABLE TO ANY PERSON AFFECTED BY SUCH ACTS THE SAME LEGAL REMEDIES AS ARE AVAILABLE TO NATIONALS IN RESPECT OF ACTS OF THE ADMINISTRATION . ACCORDINGLY A MEMBER STATE CANNOT , WITHOUT BEING IN BREACH OF THE OBLIGATION IMPOSED BY ARTICLE 8 , RENDER THE RIGHT OF APPEAL FOR PERSONS COVERED BY THE DIRECTIVE CONDITIONAL ON PARTICULAR REQUIREMENTS AS TO FORM OR PROCEDURE WHICH ARE LESS FAVOURABLE THAN THOSE PERTAINING TO REMEDIES AVAILABLE TO NATIONALS IN RESPECT OF ACTS OF THE ADMINISTRATION . A REMEDY MUST THUS BE AVAILABLE TO ANY PERSON COVERED BY THE DIRECTIVE AGAINST ANY DECISION WHICH MAY LEAD TO EXPULSION BEFORE THE DECISION IS EXECUTED .

1980-03-05

61988CJ0297

Massam Dzodzi v Belgian State.

1990-10-18

59 It follows that if, in a Member State, the administrative courts are not empowered to grant a stay of execution of an administrative decision or interim protective measures with regard to the execution of such a decision, but such power is vested in the ordinary courts, that State is obliged to permit persons covered by the directive to apply to those courts on the same terms as nationals . It must nevertheless be emphasized that such rights depend essentially on the organization of the courts and the division of the jurisdiction of judicial bodies in the various Member States, since the only obligation imposed upon the Member States by Article 8 is to grant to persons protected under Community law rights of appeal which are not less favourable than those available to nationals of the State concerned against acts of the administration ( judgment in Pecastaing v Belgium, cited above, paragraph 11 ).

61979CJ0098

Josette Pecastaing v Belgian State.

11 ARTICLE 8 DOES NOT SPECIFY THE COURTS FROM WHICH SUCH REMEDIES MAY BE SOUGHT . THE RESOLUTION OF THAT POINT DEPENDS UPON THE ORGANIZATION OF THE COURTS OF EACH MEMBER STATE . IT FOLLOWS THAT IF , IN A MEMBER STATE , REMEDIES AGAINST ACTS OF THE ADMINISTRATION MAY BE SOUGHT FROM THE ORDINARY COURTS , THE PERSONS COVERED BY DIRECTIVE NO 64/221 MUST BE TREATED IN THE SAME WAY AS NATIONALS WITH REGARD TO RIGHTS OF APPEAL TO SUCH COURTS IN RESPECT OF ACTS OF THE ADMINISTRATION . THIS MEANS THAT IF , IN A MEMBER STATE , THE ADMINSTRATIVE COURTS WERE NOT EMPOWERED TO GRANT A STAY OF EXECUTION OF AN ADMINISTRATIVE DECISION BUT SUCH POWER WAS RECOGNIZED TO THE ORDINARY COURTS THAT STATE WOULD BE OBLIGED TO PERMIT PERSONS COVERED BY THE DIRECTIVE TO APPLY FOR A STAY OF EXECUTION TO SUCH COURTS ON THE SAME CONDITIONS AS NATIONALS OF THAT STATE . IT MUST NEVERTHELESS BE EMPHASIZED THAT SUCH RIGHTS DEPEND ESSENTIALLY ON THE ORGANIZATION OF THE COURTS AND THE DIVISION OF THE JURISDICTION OF JUDICIAL BODIES IN THE VARIOUS MEMBER STATES SINCE THE ONLY OBLIGATION IMPOSED UPON THE MEMBER STATES BY ARTICLE 8 IS TO GRANT TO PERSONS PROTECTED UNDER COMMUNITY LAW RIGHTS OF APPEAL WHICH ARE NOT LESS FAVOURABLE THAN THOSE AVAILABLE TO NATIONALS OF THE STATE CONCERNED AGAINST ACTS OF THE ADMINISTRATION .

1980-03-05

61999CJ0172

Oy Liikenne Ab v Pekka Liskojärvi and Pentti Juntunen.

2001-01-25

31 For Directive 77/187 to be applicable, however, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term entity thus refers to an organised grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective (Süzen, paragraph 13).

61994CJ0048

Ledernes Hovedorganisation, acting for Ole Rygaard v Dansk Arbejdsgiverforening, acting for Strø Mølle Akustik A/S.

20 The authorities cited above presuppose that the transfer relates to a stable economic entity whose activity is not limited to performing one specific works contract.

1995-09-19

61999CJ0176

ARBED SA v Commission of the European Communities.

2003-10-02

21. Given its importance, the statement of objections must specify unequivocally the legal person on whom fines may be imposed and be addressed to that person (see Joined Cases C-395/96 P and C-396/96 P Compagnie Maritime Belge Transports and Others v Commission [2000] ECR I-1365, paragraphs 143 and 146).

61996CJ0395

Compagnie maritime belge transports SA (C-395/96 P), Compagnie maritime belge SA (C-395/96 P) and Dafra-Lines A/S (C-396/96 P) v Commission of the European Communities.

143 It follows that the Commission is required to specify unequivocally, in the statement of objections, the persons on whom fines may be imposed.

2000-03-16

61999CJ0178

Doris Salzmann.

2001-06-14

12 All three point out that the function which the Bezirksgericht performs, when acting as the tribunal responsible for keeping the land register, is of a similar nature to that which the Italian courts perform when they determine, in the course of a process of giurisdizione volontaria, an application for approval of a company's statutes for the purposes of its registration on the register, a function which the Court held lacked judicial character in Case C-111/94 Job Centre [1995] ECR I-3361, paragraphs 9 to 11.

61994CJ0111

Job Centre Coop. ARL.

10 That is not the case in the present instance.

1995-10-19